Bill > S00867

This bill creates a new legal provision in the New York General Obligations Law that allows individuals who are injured or killed by a firearm to sue the person or entity responsible for negligently entrusting that firearm. The bill defines "negligent entrustment" as supplying a firearm to someone who the seller knows or should know is likely to use it in a way that creates an unreasonable risk of physical injury. Notably, the bill specifically states that distributing automatic or semi-automatic firearms not typically used for hunting (such as handguns and assault weapons) is considered inherently involving an unreasonable risk of injury, even to people with firearm permits. Injured parties can seek both actual and punitive damages, and in cases of death, the right to sue transfers to the victim's executor or administrator. The legal action can be brought by a spouse or child, with recovery amounts being their sole and separate property. Importantly, this bill aims to maximize liability for firearm manufacturers and sellers under the federal Protection of Lawful Commerce in Arms Act, which generally shields such entities from civil lawsuits. The bill takes effect immediately and applies to both new and pending claims.

Justice

https://www.nysenate.gov/legislation/bills/2025/S867