Bill Text: NY A04758 | 2011-2012 | General Assembly | Introduced
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: Strong Partisan Bill (Democrat 14-1)
Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A04758 Detail]
Download: New_York-2011-A04758-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4758 2011-2012 Regular Sessions I N A S S E M B L Y February 7, 2011 ___________ Introduced by M. of A. TOWNS, JAFFEE, N. RIVERA, HOYT, MILLMAN, TITUS, P. RIVERA, PERRY, GIBSON, GABRYSZAK -- Multi-Sponsored by -- M. of A. GLICK, MONTESANO, ROBINSON -- read once and referred to the Committee on Economic Development 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05890-01-1 A. 4758 2 1 MUZZLE END FOR DEPTH OF AT LEAST SIX MILLIMETERS. "Imitation weapon" 2 does not include any TRADITIONAL B-B, PAINT BALL, OR PELLET-FIRING AIR 3 GUN THAT EXPELS A PROJECTILE THROUGH THE FORCE OF AIR PRESSURE OR ANY 4 nonfiring replica of an antique firearm, the original of which was 5 designed, manufactured and produced prior to eighteen hundred ninety- 6 eight. 7 S 2. Section 873 of the general business law, as added by chapter 475 8 of the laws of 1988, is amended to read as follows: 9 S 873. Enforcement. 1. Whenever the attorney general shall believe 10 from evidence satisfactory to him OR HER that any person, firm, corpo- 11 ration or association or agent or employee thereof has violated any 12 provision of this article, he OR SHE may bring an action or special 13 proceeding in the supreme court for a judgment enjoining the continuance 14 of such violation and for a civil penalty of not more than one thousand 15 dollars for each violation. If it shall appear to the satisfaction of 16 the court or justice that the defendant has violated any provision of 17 this article, no proof shall be required that any person has been 18 injured thereby nor that the defendant knowingly or intentionally 19 violated such provision. In such action preliminary relief may be grant- 20 ed under article sixty-three of the civil practice law and rules. In 21 connection with any such proposed application, the attorney general is 22 authorized to take proof, issue subpoenas and administer oaths in the 23 manner provided in the civil practice law and rules. 24 2. IN ADDITION TO ANY ACTION GRANTED TO THE ATTORNEY GENERAL PURSUANT 25 TO THIS ARTICLE, ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY 26 VIOLATION OF THIS ARTICLE; OTHER THAN A PERSON INJURED WHILE COMMITTING 27 OR ENGAGING IN AN UNLAWFUL ACTIVITY; MAY BRING AN ACTION IN HIS OR HER 28 OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER 29 HIS OR HER ACTUAL DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEVER IS 30 GREATER, OR BOTH SUCH ACTIONS. THE COURT MAY, IN ITS DISCRETION, AWARD 31 THE PREVAILING PLAINTIFF IN SUCH ACTION A PENALTY UP TO ONE THOUSAND 32 DOLLARS, IF THE COURT FINDS THE DEFENDANT WILLFULLY AND KNOWINGLY 33 VIOLATED THE PROVISIONS OF THIS SECTION. THE COURT MAY AWARD REASONABLE 34 ATTORNEY'S FEES TO A PREVAILING PLAINTIFF. 35 S 3. This act shall take effect on the ninetieth day after it shall 36 have become a law.