Bill Text: NY S00687 | 2021-2022 | General Assembly | Introduced

Bill Title: Clarifies the definition of imitation weapon.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2022-08-16 - APPROVAL MEMO.15 [S00687 Detail]

Download: New_York-2021-S00687-Introduced.html

                STATE OF NEW YORK


                               2021-2022 Regular Sessions

                    IN SENATE


                                     January 6, 2021

        Introduced  by  Sens. HOYLMAN, KAPLAN -- read twice and ordered printed,
          and when  printed  to  be  committed  to  the  Committee  on  Consumer

        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. 687                              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.