New York State Democrat's bill to circumvent PLCAA advances

1 ... mendment/a
36 § 898-b. Prohibited activities. 1. No gun industry member, by conduct
37 either unlawful in itself or unreasonable under all the circumstances
38 shall knowingly or recklessly create, maintain or contribute to a condi-
39 tion in New York state that endangers the safety or health of the public
40 through the sale, manufacturing, importing or marketing of a qualified
41 product.
42 2. All gun industry members who, either directly or indirectly, manu-
43 facture, market, import or offer for sale any qualified product in New
44 York state shall establish and utilize reasonable controls and proce-
45 dures to prevent its qualified products from being possessed, used,
46 marketed or sold unlawfully in New York state. All such gun industry
47 members shall also require downstream distributors and retailers of its
48 qualified products to institute reasonable controls and procedures and
49 take reasonable steps to ensure their implementation.
55 3. The acts or omissions of a gun industry member shall constitute a
56 proximate cause of the public nuisance if the harm to the public was a
S. 1048--A 3
1 reasonably foreseeable effect of such acts or omissions, notwithstanding
2 any intervening actions, including but not limited to criminal actions
3 by third parties.

Re: New York State Democrat's bill to circumvent PLCAA advances

A completely different bill number passed the senate. ... y=Y&Text=Y

Senator Myrie’s Gun Industry Liability Bill passes the Senate
“Over the past year, neighborhoods across New York have been struggling with a sharp rise in gun violence. Communities of color, from Brookhaven to Buffalo and every place in between, are besieged by an influx of guns from other states, sold and manufactured by companies with little interest in how their products are used or misused. Since 2005, the courthouse doors have been closed to anyone seeking to protect their rights against these irresponsible businesses. It’s past time to change that. Enough is enough.

“Our ability to sue reckless corporations for damages doesn’t destroy those companies— it creates an incentive for better, safer practices in the marketplace. We’ve used our laws to protect New Yorkers from harmful chemicals, addictive pharmaceuticals and other products. There is simply no excuse for protecting the worst actors in the gun industry while leaving our communities exposed, vulnerable and without recourse.

“Today, I am proud that my Senate colleagues passed my first-in-the-nation bill to finally restore some balance between a multi-billion dollar gun industry and the New Yorkers terrorized, injured and killed by its products. I am grateful to the many partners and advocates, locally and across the nation, who have helped get us to this point, and I urge the Assembly to join us in protecting our communities by advancing our bill this session.”

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