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Bill > A01598


NY A01598

NY A01598
Creates a civil cause of action for the manufacture, sale, or distribution of assault weapons or ghost guns within the state; aiding and abetting such manufacture, sale or distribution; or intending to aid and abet in such manufacture, sale or distribution; provides for a civil remedy of ten thousand dollars per violation.


summary

Introduced
01/10/2025
In Committee
01/10/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the civil practice law and rules, in relation to creating a civil cause of action for the manufacture, sale, or distribution of assault weapons or ghost guns within the state

AI Summary

This bill creates a new civil legal mechanism allowing private individuals to sue entities involved in manufacturing, selling, distributing, or aiding and abetting the manufacture, sale, or distribution of assault weapons or "ghost guns" (privately made firearms without serial numbers) within New York State. Specifically, plaintiffs can bring a civil lawsuit within four years of a violation and, if successful, can receive statutory damages of at least $10,000 per violation, injunctive relief to prevent future violations, and attorney's fees. The bill establishes several key provisions that limit potential defenses, such as prohibiting defendants from claiming ignorance of the law, believing the requirements are unconstitutional, or relying on overruled court decisions. The law also includes affirmative defenses for defendants who reasonably believed an individual would comply with applicable laws after conducting a reasonable investigation. Importantly, the bill stipulates that state officials cannot intervene in these private lawsuits, though they may file an amicus curiae brief, and courts cannot award costs or attorney's fees to defendants. The legislation is designed to provide a civil enforcement mechanism for gun safety regulations, with a clear intent to create a legal pathway for holding manufacturers and distributors of certain firearms accountable.

Committee Categories

Housing and Urban Affairs

Sponsors (5)

Last Action

referred to codes (on 01/10/2025)

bill text


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