Bill Text: NY S01668 | 2011-2012 | 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 3-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CONSUMER PROTECTION [S01668 Detail]

Download: New_York-2011-S01668-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1668
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 11, 2011
                                      ___________
       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"
   25  does not include any TRADITIONAL B-B, PAINT BALL, OR  PELLET-FIRING  AIR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05890-01-1
       S. 1668                             2
    1  GUN  THAT  EXPELS  A PROJECTILE THROUGH THE FORCE OF AIR PRESSURE OR ANY
    2  nonfiring replica of an antique  firearm,  the  original  of  which  was
    3  designed,  manufactured  and  produced prior to eighteen hundred ninety-
    4  eight.
    5    S  2. Section 873 of the general business law, as added by chapter 475
    6  of the laws of 1988, is amended to read as follows:
    7    S 873. Enforcement. 1. Whenever the  attorney  general  shall  believe
    8  from  evidence  satisfactory to him OR HER that any person, firm, corpo-
    9  ration or association or agent or  employee  thereof  has  violated  any
   10  provision  of  this  article,  he  OR SHE may bring an action or special
   11  proceeding in the supreme court for a judgment enjoining the continuance
   12  of such violation and for a civil penalty of not more than one  thousand
   13  dollars  for  each  violation. If it shall appear to the satisfaction of
   14  the court or justice that the defendant has violated  any  provision  of
   15  this  article,  no  proof  shall  be  required  that any person has been
   16  injured thereby  nor  that  the  defendant  knowingly  or  intentionally
   17  violated such provision. In such action preliminary relief may be grant-
   18  ed  under  article  sixty-three  of the civil practice law and rules. In
   19  connection with any such proposed application, the attorney  general  is
   20  authorized  to  take  proof, issue subpoenas and administer oaths in the
   21  manner provided in the civil practice law and rules.
   22    2. IN ADDITION TO ANY ACTION GRANTED TO THE ATTORNEY GENERAL  PURSUANT
   23  TO  THIS  ARTICLE,  ANY  PERSON  WHO  HAS  BEEN INJURED BY REASON OF ANY
   24  VIOLATION OF THIS ARTICLE; OTHER THAN A PERSON INJURED WHILE  COMMITTING
   25  OR  ENGAGING  IN AN UNLAWFUL ACTIVITY; MAY BRING AN ACTION IN HIS OR HER
   26  OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION  TO  RECOVER
   27  HIS  OR  HER  ACTUAL  DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEVER IS
   28  GREATER, OR BOTH SUCH ACTIONS. THE COURT MAY, IN ITS  DISCRETION,  AWARD
   29  THE  PREVAILING  PLAINTIFF  IN  SUCH ACTION A PENALTY UP TO ONE THOUSAND
   30  DOLLARS, IF THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  AND  KNOWINGLY
   31  VIOLATED  THE PROVISIONS OF THIS SECTION. THE COURT MAY AWARD REASONABLE
   32  ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   33    S 3. This act shall take effect on the ninetieth day  after  it  shall
   34  have become a law.