Bill Text: NY S07640 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits gun industry members from directing advertising, marketing, promoting, designing, or selling certain firearm-related products in a manner that would encourage unlawful purchase, possession, or use by underage individuals in the state; provides criteria for determining whether a gun industry member reasonably appears to support, recommend, or encourage underage individuals to unlawfully purchase a qualified product.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S07640 Detail]

Download: New_York-2023-S07640-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7640

                               2023-2024 Regular Sessions

                    IN SENATE

                                     August 23, 2023
                                       ___________

        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the general business law, in relation to prohibiting gun
          industry members  from  directly  advertising,  marketing,  promoting,
          designing,  or  selling  certain  firearm-related products in a manner
          that would encourage unlawful purchase, possession, or use by underage
          individuals

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  898-b  of  the general business law, as added by
     2  chapter 237 of the laws of 2021, is amended to read as follows:
     3    § 898-b. Prohibited activities. 1. No gun industry member, by  conduct
     4  either  unlawful  in  itself or unreasonable under all the circumstances
     5  shall knowingly or recklessly create, maintain or contribute to a condi-
     6  tion in New York state that endangers the safety or health of the public
     7  through the sale, manufacturing, importing or marketing of  a  qualified
     8  product.
     9    2.  All  gun industry members who manufacture, market, import or offer
    10  for wholesale or retail sale any qualified product  in  New  York  state
    11  shall  establish  and  utilize  reasonable  controls  and  procedures to
    12  prevent its qualified products from being possessed, used,  marketed  or
    13  sold unlawfully in New York state.
    14    3.  (a)  No  gun  industry  member  shall  advertise, market, promote,
    15  design, or sell any  qualified  product  in  a  manner  that  reasonably
    16  appears  to  support,  recommend, or encourage an underage individual to
    17  unlawfully purchase, possess, or use a qualified product in the state.
    18    (b) In determining whether the conduct of a gun  industry  member,  as
    19  described  in  paragraph  (a) of this subdivision, reasonably appears to
    20  support, recommend, or  encourage  underage  individuals  to  unlawfully
    21  purchase a qualified product, a court shall consider the totality of the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13020-01-3
        S. 7640                             2

     1  circumstances,  including,  but  not  limited to, whether the marketing,
     2  advertising, promotion, design, or sale:
     3    (i) uses caricatures that reasonably appear to be underage individuals
     4  or cartoon characters;
     5    (ii)  offers  brand name merchandise for underage individuals, includ-
     6  ing, but not limited to, clothing, toys, games, or stuffed animals, that
     7  promotes a gun industry member or qualified product;
     8    (iii) offers qualified products in sizes, colors, or designs that  are
     9  specifically designed to be used by, or appeal to, underage individuals;
    10    (iv)  is  part  of  a  marketing,  advertising,  or promotion campaign
    11  designed with the intent to appeal to underage individuals;
    12    (v) uses images or depictions of underage individuals  in  advertising
    13  or  marketing,  or  promotion  materials, to depict the use of qualified
    14  products; or
    15    (vi) is placed in a publication created for the purpose of reaching an
    16  audience that is predominantly composed of underage individuals and  not
    17  intended for a more general audience composed of adults.
    18    (c)  This subdivision shall not apply to communications or promotional
    19  materials regarding lawful recreational activity with a qualified  prod-
    20  uct  such as, but not limited to, practice shooting at targets on estab-
    21  lished public or private target ranges or hunting, fishing, or  trapping
    22  in accordance with the environmental conservation law.
    23    §  2. Section 898-a of the general business law is amended by adding a
    24  new subdivision 7 to read as follows:
    25    7. "Underage individual" means an individual below the lawful  age  to
    26  purchase, possess, or use a qualified product in the state.
    27    § 3. This act shall take effect immediately.