BILL NUMBER: S5818
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
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
 
PURPOSE:
To create a civil cause of action for the manufacture, sale, distrib-
ution of assault weapons or ghost guns within the State.
 
SUMMARY OF PROVISIONS:
Section 1: Adding a new article 13-C to the civil practice law and
rules.
Section 1360: Definitions for "assault weapon" and "ghost gun".
Section 1361, subsection 1: Allows a person to bring a civil cause of
action against any person or entity who:
-manufactures distributes, or sells assault weapons or ghost guns or
parts for any such weapon, or
-aids and abets to an individual or entity in manufacturing, distribut-
ing, or selling assault weapons or ghost guns, or parts for any such
weapon, or
-intends to manufacture, distribute or sell assault weapons or ghost
guns, or parts for any such weapon, or
-transports or imports into the state, or causes to be distributed
transported, or imported into the state or gives or lends any assault
weapons or ghost guns within the state.
Subsection 2: States that should a plaintiff prevail in such action,
they shall be awarded injunctive relief, statutory damages not less than
$10,000 for each violation, and attorney's fees and other costs associ-
ated with bringing forward such cause of action. Sets an exception for
this relief if the defendant can prove that they previously paid the
full amount of damages in a previous action. Establishes a statute of
limitation of 4 years of the date of violation or aiding and abetting of
the violation. Notwithstanding any other law, this state, a state offi-
cial, or a district or county attorney may not intervene in such
actions. Prohibits a court from awarding costs or attorney's fees to a
defendant.
Section 1362: Sets prohibited defenses to an action brought forward by
this article.
Section 1363: Sets affirmative defenses to an action brought forward by
this article and establishes that the defendant would have the burden of
proving an affirmative defense.
Section 1364: Establishes that this article may not be construed as
violating the first amendment of the United States constitution, Section
2: Provides for severability.
Section 2: Sets the effective date as immediately.
 
JUSTIFICATION:
In December 2021, the Supreme Court ruled that the Texas law allowing
citizens to sue individuals who assist or perform abortions would be
allowed to go into effect until any other legal challenge is brought
before the Court. Using the same legal reasoning and in light of the
passing of Jose Webster Untraceable Firearms Act, the State of New York
must ensure that any manufacturer who produces assault weapons, "Ghost
Guns", or any item that can be used to create untraceable weapons are
held civilly liable. In some cities, "Ghost Guns" account for half of
recovered weapons from homicide scenes. The passing of this bill would
allow private citizens to sue any manufacturer producing any item that
can be used to create "Ghost Guns" for a minimum of $10,000 plus any
attorney fees. This bill would help our state combat the epidemic of gun
violence.
 
LEGISLATIVE HISTORY:
S.4927 of 2023-2024: Referred to Judiciary;
S.8163-A of 2021-22: New Bill, Amended and Recommitted to Judiciary
 
EFFECTIVE DATE:
This act shall take effect immediately.