A03908 Summary:

BILL NO    A03908A

SAME AS    No same as 

SPONSOR    Ortiz

COSPNSR    

MLTSPNSR   

Add S2353, Ins L

Requires owners of firearms to obtain liability insurance in an amount not less
than two hundred fifty thousand dollars.
Go to top

A03908 Actions:

BILL NO    A03908A

01/29/2013 referred to insurance
05/16/2013 amend and recommit to insurance
05/16/2013 print number 3908a
01/08/2014 referred to insurance
Go to top

A03908 Votes:

There are no votes for this bill in this legislative session.
Go to top

A03908 Memo:

BILL NUMBER:A3908A

TITLE  OF  BILL:    An  act to amend the insurance law, in relation to
requiring owners of firearms to obtain liability insurance

PURPOSE:

To amend the insurance law, to require firearm owners, prior  to  such
ownership,  to  obtain and continuously maintain a policy of liability
insurance to cover any damages resulting from the use of such firearm.

SUMMARY OF PROVISIONS:

Amends the insurance law by adding a new  section  2353  in  order  to
require firearm owners to obtain and continuously maintain a policy of
liability  insurance  in  an  amount  not  less than two hundred fifty
thousand dollars. This amendment to  the  original  bill  reduces  the
amount  of  coverage  required from one million dollars to two hundred
fifty thousand dollars.

JUSTIFICATION:

Injury and death by gun has increasingly become a problem in  U.S  and
in  New  York  State. In the wake of recent mass shooting incidents in
Aurora, Colorado and Newtown, Connecticut there has been a  nationwide
attention on gun control and public safety.

According  to  FBI Crime Report, there were 445 firearm murders in New
York in 2011 and 517 firearm murders in 2010. However, there is little
attention on the economic impact these shootings have on  the  victims
and their families.

This  legislation  establishes  and  requires gun owners to obtain and
maintain liability insurance policy prior to such ownership. By having
this insurance  policy  in  place,  innocent  victims  of  gun-related
accidents  and  violence  will be compensated for the medical care for
their injuries.

In such cases  where  the  gun  was  stolen,  the  original  owner  is
typically  not  liable unless the weapon was stolen through negligence
on the part of the owner.

This insurance policy will also serve  as  an  incentive  for  firearm
owners  to  implement safety measures in order to conduct the activity
as safely as possible and only when necessary.

PRIOR LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:


This act shall take effect ninetieth day after it  shall  have  become
law.  In  addition,  any  amendment  and/or  repeal  of  any  rule  or
regulation necessary  for  the  implementation  of  this  act  on  its
effective  date  is  authorized  to be made and completed on or before
such date.
Go to top

A03908 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        3908--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 29, 2013
                                      ___________

       Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
         on Insurance -- committee discharged, bill amended, ordered  reprinted
         as amended and recommitted to said committee

       AN  ACT  to  amend the insurance law, in relation to requiring owners of
         firearms to obtain liability insurance

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The insurance law is amended by adding a new section 2353
    2  to read as follows:
    3    S 2353. FIREARM OWNERS INSURANCE POLICIES. 1.    ANY  PERSON  IN  THIS
    4  STATE WHO SHALL OWN A FIREARM SHALL, PRIOR TO SUCH OWNERSHIP, OBTAIN AND
    5  CONTINUOUSLY  MAINTAIN  A POLICY OF LIABILITY INSURANCE IN AN AMOUNT NOT
    6  LESS THAN TWO HUNDRED FIFTY THOUSAND DOLLARS SPECIFICALLY  COVERING  ANY
    7  DAMAGES  RESULTING  FROM  ANY  NEGLIGENT  ACTS INVOLVING THE USE OF SUCH
    8  FIREARM WHILE IT IS OWNED BY  SUCH  PERSON.  FAILURE  TO  MAINTAIN  SUCH
    9  INSURANCE  SHALL  RESULT  IN  THE  IMMEDIATE  REVOCATION OF SUCH OWNER'S
   10  REGISTRATION, LICENSE AND ANY OTHER PRIVILEGE TO OWN SUCH FIREARM.
   11    2. FOR PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED  TO  BE  THE
   12  OWNER  OF A FIREARM IF SUCH FIREARM IS LOST OR STOLEN UNTIL SUCH LOSS OR
   13  THEFT IS REPORTED TO THE POLICE DEPARTMENT OR SHERIFF WHICH  HAS  JURIS-
   14  DICTION  IN  THE  COUNTY,  TOWN,  CITY  OR  VILLAGE  IN WHICH SUCH OWNER
   15  RESIDES.
   16    3. ANY PERSON WHO OWNS A FIREARM ON THE EFFECTIVE DATE OF THIS SECTION
   17  SHALL OBTAIN THE INSURANCE REQUIRED BY THIS SECTION WITHIN  THIRTY  DAYS
   18  OF SUCH EFFECTIVE DATE.
   19    4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PEACE OFFICER
   20  WHO IS AUTHORIZED TO CARRY A FIREARM.
   21    5.  THE  DEPARTMENT  IS  HEREBY  AUTHORIZED AND DIRECTED TO PROMULGATE
   22  RULES AND REGULATIONS NECESSARY TO CARRY  OUT  THE  PROVISIONS  OF  THIS
   23  SECTION.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07448-02-3
       A. 3908--A                          2

    1    S  2.  This  act shall take effect on the ninetieth day after it shall
    2  have become a law, provided, however, that  effective  immediately,  the
    3  addition,  amendment  and/or  repeal of any rule or regulation necessary
    4  for the implementation of this act on its effective date  is  authorized
    5  to be made and completed on or before such date.
Go to top
Page display time = 0.084 sec