Bill Text: NY S00653 | 2013-2014 | General Assembly | Introduced

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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: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CONSUMER PROTECTION [S00653 Detail]

Download: New_York-2013-S00653-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          653
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. SAMPSON -- 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  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
   23  SURFACE OF THE BARREL, COVERING THE CIRCUMFERENCE OF THE BARREL FROM THE
   24  MUZZLE  END  FOR  DEPTH OF AT LEAST SIX MILLIMETERS.  "Imitation weapon"
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02084-01-3
       S. 653                              2
    1  does not include any TRADITIONAL B-B, PAINT BALL, OR  PELLET-FIRING  AIR
    2  GUN  THAT  EXPELS  A PROJECTILE THROUGH THE FORCE OF AIR PRESSURE OR ANY
    3  nonfiring replica of an antique  firearm,  the  original  of  which  was
    4  designed,  manufactured  and  produced prior to eighteen hundred ninety-
    5  eight.
    6    S 2. Section 873 of the general business law, as added by chapter  475
    7  of the laws of 1988, is amended to read as follows:
    8    S  873.  Enforcement.  1.  Whenever the attorney general shall believe
    9  from evidence satisfactory to him OR HER that any person,  firm,  corpo-
   10  ration  or  association  or  agent  or employee thereof has violated any
   11  provision of this article, he OR SHE may  bring  an  action  or  special
   12  proceeding in the supreme court for a judgment enjoining the continuance
   13  of  such violation and for a civil penalty of not more than one thousand
   14  dollars for each violation. If it shall appear to  the  satisfaction  of
   15  the  court  or  justice that the defendant has violated any provision of
   16  this article, no proof shall  be  required  that  any  person  has  been
   17  injured  thereby  nor  that  the  defendant  knowingly  or intentionally
   18  violated such provision. In such action preliminary relief may be grant-
   19  ed under article sixty-three of the civil practice  law  and  rules.  In
   20  connection  with  any such proposed application, the attorney general is
   21  authorized to take proof, issue subpoenas and administer  oaths  in  the
   22  manner provided in the civil practice law and rules.
   23    2.  IN ADDITION TO ANY ACTION GRANTED TO THE ATTORNEY GENERAL PURSUANT
   24  TO THIS ARTICLE, ANY PERSON WHO  HAS  BEEN  INJURED  BY  REASON  OF  ANY
   25  VIOLATION  OF THIS ARTICLE; OTHER THAN A PERSON INJURED WHILE COMMITTING
   26  OR ENGAGING IN AN UNLAWFUL ACTIVITY; MAY BRING AN ACTION IN HIS  OR  HER
   27  OWN  NAME  TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER
   28  HIS OR HER ACTUAL DAMAGES OR TWO HUNDRED  FIFTY  DOLLARS,  WHICHEVER  IS
   29  GREATER,  OR  BOTH SUCH ACTIONS. THE COURT MAY, IN ITS DISCRETION, AWARD
   30  THE PREVAILING PLAINTIFF IN SUCH ACTION A PENALTY  UP  TO  ONE  THOUSAND
   31  DOLLARS,  IF  THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY AND KNOWINGLY
   32  VIOLATED THE PROVISIONS OF THIS SECTION. THE COURT MAY AWARD  REASONABLE
   33  ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   34    S  3.  This  act shall take effect on the ninetieth day after it shall
   35  have become a law.