New York A 1764: Establishes a private right of action against gun industry members for marketing firearms and firearm related products to minors

Bill Text

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A01764 Summary:

BILL NOA01764 

&nbsp

SAME ASSAME AS S04388

&nbsp

SPONSORRosenthal

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§898-a & 898-b, Gen Bus L

&nbsp

Prohibits gun industry members from marketing firearms and firearm related products to minors; excepts instances where marketing is geared toward hunting purposes; establishes a private right of action for violations.

Go to top A01764 Actions:

BILL NOA01764 

&nbsp

01/14/2025referred to economic development

01/07/2026referred to economic development

Go to topA01764 Committee&nbspVotes:

Go to topA01764 Floor&nbspVotes:

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

Go to topA01764 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1764

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 14, 2025
 ___________

 Introduced by M. of A. ROSENTHAL -- read once and referred to the
 Committee on Economic Development

 AN ACT to amend the general business law, in relation to establishing a
 private right of action against gun industry members for marketing
 firearms and firearm related products to minors

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

 1 Section 1. Subdivision 2 of section 898-a of the general business law,
 2 as amended by chapter 429 of the laws of 2024, is amended and four new
 3 subdivisions 7, 8, 9 and 10 are added to read as follows:
 4 2. "Reasonable controls and procedures" shall mean policies that
 5 include, but are not limited to: (a) instituting screening, security,
 6 inventory and other business practices to prevent thefts of qualified
 7 products as well as sales of qualified products to straw purchasers,
 8 traffickers, persons prohibited from possessing firearms under state or
 9 federal law, or persons at risk of injuring themselves or others; (b)
 10 preventing deceptive acts and practices and false advertising and other-
 11 wise ensuring compliance with all provisions of article twenty-two-A of
 12 this chapter; [and] (c) taking reasonable steps to prevent the installa-
 13 tion and use of a pistol converter, as defined in section 265.00 of the
 14 penal law, on qualified products; and (d) preventing the marketing of
 15 firearms and firearm related products to individuals under the age of
 16 eighteen.
 17 7. "Firearm accessory" shall mean an attachment or device designed or
 18 adapted to be inserted into, affixed onto, or used in conjunction with a
 19 firearm that is designed, intended, or functions to alter or enhance the
 20 firing capabilities of a firearm, the lethality of the firearm, or a
 21 shooter's ability to hold and use a firearm, regardless of whether such
 22 accessory has been shipped or transported in interstate commerce.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04697-01-5

 A. 1764 2

 1 8. "Firearm precursor part" shall mean a component of a firearm that
 2 is necessary to build or assemble a firearm and is described in any of
 3 the following categories:
 4 (a) An unfinished receiver as defined in subdivision thirty-two of
 5 section 265.00 of the penal law.
 6 (b) An unfinished handgun frame as defined in subdivision thirty-two
 7 of section 265.00 of the penal law.
 8 (c) A "major component of a firearm, rifle or shotgun" as defined in
 9 subdivision three-a of section 265.00 of the penal law.
 10 9. "Firearm related product" shall mean a firearm, ammunition, a
 11 firearm precursor part, a firearm component, and a firearm accessory
 12 that meets any of the following conditions:
 13 (a) The item is sold, manufactured, or distributed in New York state.
 14 (b) The item is intended to be sold or distributed in New York state.
 15 (c) The item is or was possessed in New York state and it was reason-
 16 ably foreseeable that such item would be possessed in New York state.
 17 10. "Firearm" shall have the same meaning as that term is defined in
 18 subdivision three of section 265.00 of the penal law, and for the
 19 purposes of this article, shall include a "rifle" as defined in subdivi-
 20 sion eleven and a "shotgun" as defined in subdivision twelve of such
 21 section of the penal law.
 22 § 2. Section 898-b of the general business law is ame