New York S 5818: Relates to hunting and hunting licenses; repealer

Bill Text

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S05818 Summary:

BILL NOS05818 

&nbsp

SAME ASSAME AS A01598

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSRMYRIE

&nbsp

MLTSPNSR

&nbsp

Add Art 13-C §§1360 - 1364, CPLR

&nbsp

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.

Go to top S05818 Actions:

BILL NOS05818 

&nbsp

03/03/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS05818 Committee&nbspVotes:

Go to topS05818 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05818 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5818

 2025-2026 Regular Sessions

 IN SENATE

 March 3, 2025
 ___________

 Introduced by Sens. SEPULVEDA, MYRIE -- read twice and ordered printed,
 and when printed to be committed to the Committee on Judiciary

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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The civil practice law and rules is amended by adding a new
 2 article 13-C to read as follows:
 3 ARTICLE 13-C
 4 CIVIL REMEDIES; GUN SAFETY LAWS
 5 Section 1360. Definition.
 6 1361. Action to recover damages.
 7 1362. Prohibited defenses.
 8 1363. Affirmative defenses.
 9 1364. Construction.
 10 § 1360. Definition. For the purposes of this article: 1. "Assault
 11 weapon" shall have the same meaning as such term is defined in subdivi-
 12 sion twenty-two of section 265.00 of the penal law.
 13 2. "Ghost gun" shall have the same meaning as such term is defined in
 14 subdivision thirty-two of section 265.00 of the penal law.
 15 § 1361. Action to recover damages. 1. Any person, other than an offi-
 16 cer or employee of a state or local government entity in this state may
 17 bring a civil cause of action against any person or entity who:
 18 (a) manufactures, distributes, or sells assault weapons or ghost guns,
 19 or parts for any such weapons or ghost guns within the state;
 20 (b) aids and abets an individual or entity in manufacturing, distrib-
 21 uting, or selling assault weapons or ghost guns, or parts for any such
 22 weapons or ghost guns within the state; or
 23 (c) intends to manufacture, distribute, or sell assault weapons or
 24 ghost guns within the state or aid and abet an individual or entity in

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03978-01-5

 S. 5818 2

 1 manufacturing, distributing, or selling assault weapons or ghost guns,
 2 or parts for any such weapons or ghost guns within the state.
 3 2. (a) If a plaintiff prevails in an action brought pursuant to this
 4 section, such plaintiff shall be awarded injunctive relief sufficient to
 5 prevent the defendant from continuing to aid and abet any violation the
 6 provisions of law set forth in subdivision one of this section, statuto-
 7 ry damages in an amount not less than ten thousand dollars for each
 8 violation of such provisions and for any aiding and abetting of such
 9 provisions, and attorney's fees and other costs associated with bringing
 10 such cause of action.
 11 (b) A court may not award relief under paragraph (a) of this subdivi-
 12 sion in response to a cause of action brought pursuant to this section
 13 if the defendant demonstrates that they previously paid the full amount
 14 of statutory damages pursuant to paragraph (a) of this subdivision in a
 15 previous action for that particular violation of a provision of law as
 16 set forth in subdivision one of this section or for the particular
 17 aiding and abetting the violation of a provision of law set forth in
 18 subdivision one of this section.
 19 3. A plaintiff may bring a cause of action pursuant to this section
 20 within four years of the date of the violation or aiding and abetting of
 21 the violation of the provisions of law.
 22 4. Notwithstanding any other law