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.