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Posted: 9/3/2021 7:15:13 AM EDT
Link Posted: 9/5/2021 12:30:32 PM EDT
The New York Senate has identified the problem:
Section  1.  Legislative  findings  and intent. The legislature hereby
finds that the illegal use of firearms not  only  constitutes  a  public
nuisance  as  declared  in  article  400  of the penal law, but that the
effects of such nuisance contribute to the public health crisis  of  gun
violence  in  this state as declared by the legislature in the 2021-2022
legislative session. This nuisance poses specific harm  to  New  Yorkers
based  largely  on  their zip code and certain immutable characteristics
such as race and ethnicity.  Illegal firearm violence has disproportion-
ately affected underserved (poor) black and brown neighborhoods in  our  cities
and  throughout the state despite stringent state and local laws against
the illegal possession of firearms while, according  to  the  Bureau  of
Alcohol,  Tobacco,  Firearms  and Explosives statistics, 74% of firearms
used in crimes in New York are purchased outside of New York. Thus,  the
legislature  further  finds  that given the ease at which legal firearms
flow into the illegal  market,  and  given  the  specific  harm  illegal
firearm  violence  causes certain New Yorkers, those responsible for the
illegal or unreasonable sale, manufacture,  distribution,  importing  or
marketing  of firearms may be held liable for the public nuisance caused
by such activities.
  Additionally, many  New  Yorkers,  including  many
children,  are  gravely  injured  or  killed  unintentionally due to the
firearm industry's failure to implement reasonable safety  measures  and
the legislature finds that this failure also warrants liability.
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