Bill S3853-2013

Requires owners of firearms to obtain liability insurance

Requires owners of firearms to obtain liability insurance in an amount not less than one million dollars.

Details

Actions

  • Jan 8, 2014: REFERRED TO INSURANCE
  • Feb 22, 2013: REFERRED TO INSURANCE

Memo

BILL NUMBER:S3853

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 session 2353 in order to require firearm owners to obtain and continuously maintain a policy of liability insurance in an amount not less than one million 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 murder in New York in 2011 and 517 firearm. murder 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 the ninetieth day after it shall have become law, in addition, 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3853 2013-2014 Regular Sessions IN SENATE February 22, 2013 ___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance 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: Section 1. The insurance law is amended by adding a new section 2353 to read as follows: S 2353. FIREARM OWNERS INSURANCE POLICIES. 1. ANY PERSON IN THIS STATE WHO SHALL OWN A FIREARM SHALL, PRIOR TO SUCH OWNERSHIP, OBTAIN AND CONTINUOUSLY MAINTAIN A POLICY OF LIABILITY INSURANCE IN AN AMOUNT NOT LESS THAN ONE MILLION DOLLARS SPECIFICALLY COVERING ANY DAMAGES RESULT- ING FROM ANY NEGLIGENT OR WILLFUL ACTS INVOLVING THE USE OF SUCH FIREARM WHILE IT IS OWNED BY SUCH PERSON. FAILURE TO MAINTAIN SUCH INSURANCE SHALL RESULT IN THE IMMEDIATE REVOCATION OF SUCH OWNER'S REGISTRATION, LICENSE AND ANY OTHER PRIVILEGE TO OWN SUCH FIREARM. 2. FOR PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED TO BE THE OWNER OF A FIREARM IF SUCH FIREARM IS LOST OR STOLEN UNTIL SUCH LOSS OR THEFT IS REPORTED TO THE POLICE DEPARTMENT OR SHERIFF WHICH HAS JURIS- DICTION IN THE COUNTY, TOWN, CITY OR VILLAGE IN WHICH SUCH OWNER RESIDES. 3. ANY PERSON WHO OWNS A FIREARM ON THE EFFECTIVE DATE OF THIS SECTION SHALL OBTAIN THE INSURANCE REQUIRED BY THIS SECTION WITHIN THIRTY DAYS OF SUCH EFFECTIVE DATE. 4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PEACE OFFICER WHO IS AUTHORIZED TO CARRY A FIREARM. 5. THE DEPARTMENT IS HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION. S 2. This act shall take effect on the ninetieth day after it shall have become a law, provided, however, that effective immediately, the addition, 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.

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