Bill > S06403

This bill establishes a comprehensive private civil action framework for violations related to certain firearms, specifically machine-guns, assault weapons, disguised guns, ghost guns, and unfinished frames or receivers in New York State. The bill allows any person (except government employees) to sue individuals who knowingly violate the new regulations, which prohibit manufacturing, distributing, transporting, importing, selling, or lending these types of firearms. If a plaintiff prevails in such a lawsuit, the court must award injunctive relief, statutory damages (with the amount determined by factors like number of weapons, duration of violation, and potential public risk), and attorney's fees. The bill includes several unique provisions, such as limiting government enforcement, preventing certain legal defenses (like ignorance of law or constitutional challenges), and establishing specific venue rules for such lawsuits. Notably, the bill creates a four-year statute of limitations for bringing such actions and explicitly states that any violation is considered an injury to all state residents and visitors, giving them standing to sue. The legislation also includes extensive severability clauses to ensure that if parts of the law are found unconstitutional, the remaining provisions can still be enforced. Additionally, the bill adds a provision making parties seeking to challenge firearm regulations potentially liable for the opposing party's legal fees if their challenge is unsuccessful.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S6403