Bill Text: NY S00035 | 2019-2020 | General Assembly | Introduced

Bill Title: Clarifies the definition of imitation weapons.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-03-04 - referred to consumer affairs and protection [S00035 Detail]

Download: New_York-2019-S00035-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        AN ACT to amend the general business law, in relation to clarifying  the
          definition of "imitation weapon"
          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:
     8    (a)  is  colored  [other than black, blue, silver or aluminum,] white,
     9  bright red, bright orange, bright yellow,  bright  green,  bright  blue,
    10  bright  pink  or  bright purple on the entire exterior surface or as the
    11  predominant color in combination with other colors in any pattern; or
    12    (b) [is marked with a non-removable orange stripe which  is  at  least
    13  one  inch in width and runs the entire length of the barrel on each side
    14  and the front end of the barrel,] is constructed entirely of transparent
    15  or translucent materials which permits unmistakable observation  of  the
    16  imitation or toy firearm's complete contents; [and]
    17    (c)  has a barrel [at least one inch in diameter] that is closed for a
    18  distance of not less than one-half inch from the front-end of its barrel
    19  with the same material of which the imitation weapon is made, unless  it
    20  is a water gun;
    21    (d)  has legibly stamped thereon, the name of the manufacturer or some
    22  trade name, mark or brand by which the manufacturer can be readily iden-
    23  tified; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 35                               2
     1    (e) does not have attached thereto a laser pointer,  defined  for  the
     2  purpose  of this section as any device that emits light amplified by the
     3  stimulated emission of radiation that  is  visible  to  the  human  eye.
     4  "Imitation  weapon" does not include any nonfiring replica of an antique
     5  firearm,  the  original of which was designed, manufactured and produced
     6  prior to eighteen hundred ninety-eight.
     7    § 2. This act shall take effect on the ninetieth day  after  it  shall
     8  have become a law.