Int 0487-2003
Creating a strict liability cause of action against weapons manufacturers.
IntroductionFiledCommittee on Public Safetyintroduced 2003-05-28
Filed — closed without being enacted.
Official record · Legistar
Agenda: 2003-05-28Passed: 2003-12-31
Committee on Public Safety — Police Department, Civilian Complaint Review Board, and Mayor’s Office of Criminal Justice, courts, legal services, District Attorneys, and the Office of the Special Narcotics Prosecutor.
How it compares
26% of similar bills passed
13 passed · 37 died
This bill: 216 days in committee
Similar bills: median 546 days · 82 days when passed
Compared against 50 Introduction bills in Committee on Public Safety.
Ranked by how closely each matches this bill's topic — closest first:
Int 0113-2004
Creating a strict liability cause of action against weapons manufacturers.
695dFiled
Int 0207-2002
Create a strict liability cause of action against manufacturers of assault weapons.
588dFiled
Int 0197-2002
Create cause of action against manufacturers of certain weapons.
601dFiled
Int 0365-2004
Creating a cause of action against certain weapons dealers and manufacturers.
243dEnacted
Int 0320-2006
Imposing a civil penalty against certain gun manufacturers and dealers.
1345dFiled
Int 0210-2002
Impose civil penalty upon the manufacturers of certain weapons illegally used to injure/kill city employees.
588dFiled
+ 44 more comparable bills
Sponsors (18)
Eva S. Moskowitz(prime)
Tracy L. Boyland
Allan W. Jennings, Jr.
Margarita Lopez
Jose M. Serrano
Betsy Gotbaum
Lifecycle
IntroducedIntroduced by Council
2003-05-28 · City Council
ActionReferred to Comm by Council
2003-05-28 · City Council
HeardHearing Held by Committee
2003-09-12 · Committee on Public Safety
HeldLaid Over by Committee
2003-09-12 · Committee on Public Safety
ClosedFiled (End of Session)
2003-12-31 · City Council
Heard at (2)
Committee on Public Safety · 2003-09-12 · 10:00 AM · Committee Room - City Hall
City Council · 2003-05-28 · 1:30 PM · Council Chambers - City Hall
Attachments (2)
Full text
Be it enacted by the Council as follows:
Section 1. A new section 10-313 is hereby added to chapter three of title ten of the administrative code of the city of New York to read as follows:
�10-313. Cause of Action Against Weapons Manufacturers
a. For the purposes of this section: (1) "weapon" shall mean a firearm, rifle, shotgun, or assault weapon, as such terms are defined in section 10-301;
(2) "dealer" shall mean a "dealer in firearms" and a "dealer in rifles and shotguns", as such terms are defined in section 10-301;
(3) "importer" shall mean any person engaged in the business of importing or bringing weapons into the United States for sale or distribution;
(4) "manufacturer" shall mean any person in business to manufacture or assemble a weapon for sale or distribution.
b. Each manufacturer, importer and/or dealer shall be held strictly liable in tort, without regard to fault or proof of defect, for all direct and consequential damages arising from bodily injury or death where the bodily injury or death results from the discharge within New York City of any weapon manufactured, imported, distributed, sold, leased or otherwise transferred by the manufacturer, importer and/or dealer.
c. (1) No action may be commenced pursuant to this section by any person who is injured or killed by the discharge of a weapon while such person is committing or attempting to commit a crime (whether or not such crime is actually charged), or while such person is attempting to evade arrest by a law enforcement official. This exemption shall be in the nature of an affirmative defense, and shall be proven by a preponderance of the evidence.
(2) No action may be commenced pursuant to this section by any person injured or killed by the discharge of a weapon by a law enforcement official.
(3) This section shall not limit in scope any cause of action, other than that provided by this section, available to a person injured by or killed by a weapon.
(4) Nothing in this section shall prevent a manufacturer, importer or dealer from seeking whole or partial indemnity or contribution for any liability incurred under this section from any third party wholly or partially responsible for the injury or death.
� 2. This local law shall take effect 60 days after it has been enacted.
TJB
LS# 2526
5/19/03