Bill Text: NY S00816 | 2023-2024 | General Assembly | Introduced

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Bill Title: Makes clarifying changes to the definition of imitation weapon.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-03-03 - SIGNED CHAP.73 [S00816 Detail]

Download: New_York-2023-S00816-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           816

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 6, 2023
                                       ___________

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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  amended  by a chapter of the laws of 2022 amending the general busi-
     3  ness law relating to clarifying the definition of "imitation weapon", as
     4  proposed in legislative bills numbers S. 687 and A. 3998, is amended  to
     5  read as follows:
     6    2.  "Imitation  weapon"  means  any  device or object made of plastic,
     7  wood, metal or any other material which substantially duplicates or  can
     8  reasonably  be perceived to be an actual firearm, air rifle, pellet gun,
     9  or "B-B" gun; unless such imitation weapon:
    10    (a) either (i) is colored white, bright  red,  bright  orange,  bright
    11  yellow,  bright  green, bright blue, bright pink or bright purple on the
    12  entire exterior surface or as the predominant color in combination  with
    13  other colors in any pattern; or
    14    [(b)] (ii) is constructed entirely of transparent or translucent mate-
    15  rials  which  permits  unmistakable  observation of the imitation or toy
    16  firearm's complete contents; and
    17    [(c)] (b) has a barrel that is closed for a distance of not less  than
    18  one-half inch from the front-end of its barrel with the same material of
    19  which the imitation weapon is made, unless it is a water gun; and
    20    [(d)] (c) has legibly stamped thereon, the name of the manufacturer or
    21  some  trade name, mark or brand by which the manufacturer can be readily
    22  identified; and
    23    [(e)] (d) does not have attached thereto a laser pointer, defined  for
    24  the  purpose of this section as any device that emits light amplified by
    25  the stimulated emission of radiation that is visible to the  human  eye.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03990-01-3
        S. 816                              2

     1  "Imitation  weapon" does not include any nonfiring replica of an antique
     2  firearm, the original of which was designed, manufactured  and  produced
     3  prior to eighteen hundred ninety-eight.
     4    §  2.  This  act  shall  take  effect on the same date and in the same
     5  manner as a chapter of the laws of 2022 amending  the  general  business
     6  law  relating  to  clarifying  the  definition of "imitation weapon", as
     7  proposed in legislative bills numbers S. 687 and A. 3998, takes effect.