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NY A10545
Bill
Status
7/6/2022
Primary Sponsor
Thomas Abinanti
Click for details
AI Summary
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Creates a private civil right of action allowing any person to sue violators for manufacturing, distributing, transporting, importing, selling, or lending assault weapons, .50 BMG rifles, unserialized firearms, or firearm precursor parts within New York State.
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Defines "assault weapon" to include specified rifle, pistol, and shotgun models, plus semiautomatic firearms with features like pistol grips, folding stocks, or magazines holding over 10 rounds, with exceptions for Olympic target shooting pistols and antique firearms.
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Provides statutory damages of at least $10,000 per weapon or precursor part violated, plus injunctive relief and attorney's fees; eliminates traditional legal defenses including constitutional claims, ignorance of law, and reliance on overruled court decisions.
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Exempts law enforcement agencies, executors of estates, licensed firearms dealers performing repairs, and individuals relinquishing weapons to authorities from the prohibitions.
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Adds new section to Civil Practice Law imposing joint and several liability for attorney's fees and costs on any person, entity, attorney, or law firm seeking declaratory or injunctive relief to challenge firearm restriction laws; makes the act inoperative if a specified Texas law is invalidated by court decision.
Legislative Description
Creates a private right of action for any person against any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, or causes to be distributed or transported or imported into the state, keeps for sale or offers or exposes for sale, or gives or lends any firearm lacking a serial number required by law, assault weapon, .50 BMG rifle, or firearm precursor part, subject to certain exceptions; specifies that the provisions are inoperative upon invalidation of a specified law in Texas; relates to the liability of a person who challenges a firearm restriction in court.
Last Action
referred to codes
7/6/2022