Bill > S05818

This bill creates a new civil legal mechanism allowing private individuals to sue anyone who manufactures, sells, distributes, or intends to distribute assault weapons or "ghost guns" (privately made, untraceable firearms) within New York State. Under this law, plaintiffs can seek a mandatory minimum civil penalty of $10,000 per violation, along with injunctive relief to stop the defendant's actions and recover attorney's fees. The bill specifically prevents state officials from intervening in such lawsuits but allows them to file amicus briefs, and it establishes several unique legal provisions, including prohibiting certain defenses (such as claiming ignorance of the law or believing the requirements are unconstitutional) and allowing affirmative defenses if the defendant reasonably believed the individual violating the law would comply with legal requirements. Importantly, the bill is designed to create a private enforcement mechanism and includes a clause ensuring that the law cannot be used to restrict First Amendment protected speech. The law allows plaintiffs to bring actions within four years of a violation and explicitly prevents courts from awarding costs to defendants in these civil actions.

Justice

https://www.nysenate.gov/legislation/bills/2025/S5818