Bill Text: NY A04407 | 2009-2010 | General Assembly | Amended
Bill Title: Conforms state law with federal law regarding imitation weapons; empowers the attorney general to enforce federal standards and provides a private right of action against retailers by individual consumers injured due to the sale of a non-conforming toy gun.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-06 - referred to economic development [A04407 Detail]
Download: New_York-2009-A04407-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4407--A 2009-2010 Regular Sessions I N A S S E M B L Y February 4, 2009 ___________ Introduced by M. of A. TOWNS, ALFANO -- Multi-Sponsored by -- M. of A. COOK, ERRIGO, TITUS -- read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to the sale of imitation weapons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 2 of section 871 of the general business law, 2 as added by chapter 475 of the laws of 1988, is amended to read as 3 follows: 4 2. "Imitation weapon" means any device or object made of plastic, 5 wood, metal or any other material which substantially duplicates or can 6 reasonably be perceived to be an actual firearm, air rifle, pellet gun, 7 or "B-B" gun; unless such imitation weapon (a) is colored [other than 8 black, blue, silver or aluminum, (b) is marked with a non-removable 9 orange stripe which is at least one inch in width and runs the entire 10 length of the barrel on each side and the front end of the barrel, and 11 (c) has a barrel at least one inch in diameter that is closed for a 12 distance of not less than one-half inch from the front-end of its barrel 13 with the same material of which the imitation weapon is made] WHITE, 14 BRIGHT RED, BRIGHT ORANGE, BRIGHT YELLOW, BRIGHT GREEN, BRIGHT BLUE, 15 BRIGHT PINK, OR BRIGHT PURPLE, EITHER SINGLY OR AS THE PREDOMINANT COLOR 16 IN COMBINATION WITH OTHER COLORS IN ANY PATTERN; (B) HAS PERMANENTLY 17 AFFIXED TO THE MUZZLE, A BLAZE ORANGE PLUG INSERTED IN THE BARREL OF 18 SUCH IMITATION FIREARM. SUCH PLUG SHALL BE RECESSED NO MORE THAN SIX 19 MILLIMETERS FROM THE MUZZLE END OF THE BARREL OF SUCH FIREARM; (C) IS 20 CONSTRUCTED ENTIRELY OF TRANSPARENT OR TRANSLUCENT MATERIALS WHICH 21 PERMITS UNMISTAKABLE OBSERVATION OF THE DEVICE'S COMPLETE CONTENTS; OR 22 (D) HAS A BLAZE ORANGE MARKING PERMANENTLY AFFIXED TO THE EXTERIOR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01988-03-9 A. 4407--A 2 1 SURFACE OF THE BARREL, COVERING THE CIRCUMFERENCE OF THE BARREL FROM THE 2 MUZZLE END FOR DEPTH OF AT LEAST SIX MILLIMETERS. "Imitation weapon" 3 does not include any TRADITIONAL B-B, PAINT BALL, OR PELLET-FIRING AIR 4 GUN THAT EXPELS A PROJECTILE THROUGH THE FORCE OF AIR PRESSURE OR ANY 5 nonfiring replica of an antique firearm, the original of which was 6 designed, manufactured and produced prior to eighteen hundred ninety- 7 eight. 8 S 2. Section 873 of the general business law, as added by chapter 475 9 of the laws of 1988, is amended to read as follows: 10 S 873. Enforcement. 1. Whenever the attorney general shall believe 11 from evidence satisfactory to him OR HER that any person, firm, corpo- 12 ration or association or agent or employee thereof has violated any 13 provision of this article, he OR SHE may bring an action or special 14 proceeding in the supreme court for a judgment enjoining the continuance 15 of such violation and for a civil penalty of not more than one thousand 16 dollars for each violation. If it shall appear to the satisfaction of 17 the court or justice that the defendant has violated any provision of 18 this article, no proof shall be required that any person has been 19 injured thereby nor that the defendant knowingly or intentionally 20 violated such provision. In such action preliminary relief may be grant- 21 ed under article sixty-three of the civil practice law and rules. In 22 connection with any such proposed application, the attorney general is 23 authorized to take proof, issue subpoenas and administer oaths in the 24 manner provided in the civil practice law and rules. 25 2. IN ADDITION TO ANY ACTION GRANTED TO THE ATTORNEY GENERAL PURSUANT 26 TO THIS ARTICLE, ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY 27 VIOLATION OF THIS ARTICLE; OTHER THAN A PERSON INJURED WHILE COMMITTING 28 OR ENGAGING IN AN UNLAWFUL ACTIVITY; MAY BRING AN ACTION IN HIS OR HER 29 OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER 30 HIS OR HER ACTUAL DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEVER IS 31 GREATER, OR BOTH SUCH ACTIONS. THE COURT MAY, IN ITS DISCRETION, AWARD 32 THE PREVAILING PLAINTIFF IN SUCH ACTION A PENALTY UP TO ONE THOUSAND 33 DOLLARS, IF THE COURT FINDS THE DEFENDANT WILLFULLY AND KNOWINGLY 34 VIOLATED THE PROVISIONS OF THIS SECTION. THE COURT MAY AWARD REASONABLE 35 ATTORNEY'S FEES TO A PREVAILING PLAINTIFF. 36 S 3. This act shall take effect on the ninetieth day after it shall 37 have become a law.