What's happening
This bill allows people injured by illegal imitation weapons to sue those who imported, made, sold, or distributed them.
Why it matters
Creates legal accountability for those who violate existing imitation weapon laws. Individuals or businesses that import, manufacture, sell, or distribute illegal imitation weapons can now be held financially responsible if their actions contribute to someone's injury or death.
Allows for recovery of both actual and exemplary (punitive) damages. Victims (or their families) can seek compensation not only for direct losses but also for additional punitive damages, potentially increasing the financial consequences for violators.
Extends the right to sue to families and survivors. If the injured person dies, their executor, spouse, children, or parents can continue or initiate a lawsuit, ensuring families have a pathway to seek justice and compensation after a tragedy.
Broadens who can bring a claim and where. The bill clarifies that lawsuits can be filed in any court with jurisdiction and that either parent can sue for damages if entitled, making it easier for affected parties to pursue action.
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Who cares
Headline styles
Let Victims Sue Fake Gun Sellers
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6061
2017-2018 Regular Sessions
IN ASSEMBLY
February 23, 2017
Introduced by M. of A. CRESPO -- read once and referred to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to creating a cause of action for injuries or other damages sustained by reason of the violation of article 39-B of the general business law prohibiting imitation weapons
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general obligations law is amended by adding a new section 11-108 to read as follows:
§ 11-108. Compensation for injury caused by the illegal importation, manufacture, sale, or distribution of imitation weapons. 1. Any person who shall be injured in person, property, means of support, or otherwise by reason of such person's possession of an imitation weapon, whether resulting in his or her death or not, shall have a right of action against any person who shall, by importing, manufacturing, selling, or distributing such imitation weapon in violation of article thirty-nine-B of the general business law, have caused or contributed to such injury; and in any such action such person shall have a right to recover actual and exemplary damages.
2. In case of the death of either party, the action or right of action given by this section shall survive to or against his or her executor or administrator, and the amount so recovered by either a husband, wife or child shall be his or her sole and separate property.
3. Such action may be brought in any court of competent jurisdiction.
4. In any case where parents shall be entitled to such damages, either the father or mother may sue alone therefor, but recovery by one of such parties shall be a bar to suit brought by the other.
5. For the purposes of this section, the term "imitation weapon" shall have the meaning defined therefor by section eight hundred seventy-one of the general business law.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07925-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.