New York Governor Cuomo recently signed legislation, S.7196/A.6762-B, which arms the public with a new remedy for gun-related harm. (Additional legislation, S.5000-B/A.6198-B) prohibits the sale of firearms to anyone with an outstanding warrant for a felony or serious offense.)
Specifically, the law amends New York’s General Business Law by adding a new Article 39-DDDD (comprising §§ 898-A – 898-E). It provides, in part:
§ 898-B. PROHIBITED ACTIVITIES.
1. NO GUN INDUSTRY MEMBER, BY CONDUCT
EITHER UNLAWFUL IN ITSELF OR UNREASONABLE UNDER ALL THE CIRCUMSTANCES SHALL KNOWINGLY OR RECKLESSLY CREATE, MAINTAIN OR CONTRIBUTE TO A CONDITION IN NEW YORK STATE THAT ENDANGERS THE SAFETY OR HEALTH OF THE PUBLIC THROUGH THE SALE, MANUFACTURING, IMPORTING OR MARKETING OF A QUALIFIED PRODUCT.
2. ALL GUN INDUSTRY MEMBERS WHO MANUFACTURE, MARKET, IMPORT OR OFFER
FOR WHOLESALE OR RETAIL SALE ANY QUALIFIED PRODUCT IN NEW YORK STATE
SHALL ESTABLISH AND UTILIZE REASONABLE CONTROLS AND PROCEDURES TO PREVENT ITS QUALIFIED PRODUCTS FROM BEING POSSESSED, USED, MARKETED OR SOLD UNLAWFULLY IN NEW YORK STATE.
§ 898-C. PUBLIC NUISANCE. 1. A VIOLATION OF SUBDIVISION ONE OR TWO OF
SECTION EIGHT HUNDRED NINETY-EIGHT-B OF THIS ARTICLE THAT RESULTS IN
HARM TO THE PUBLIC SHALL HEREBY BE DECLARED TO BE A PUBLIC NUISANCE.
2. THE EXISTENCE OF A PUBLIC NUISANCE SHALL NOT DEPEND ON WHETHER THE
GUN INDUSTRY MEMBER ACTED FOR THE PURPOSE OF CAUSING HARM TO THE PUBLIC.
It also provides, in § 898-E, a private right of action.