Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to consumer protection |
Jan 09, 2013 |
referred to consumer protection |
Senate Bill S653
2013-2014 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) Senate District
2013-S653 (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Amd ยงยง871 & 873, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S118
2011-2012: S1668
2015-2016: S4079
2013-S653 (ACTIVE) - Sponsor Memo
BILL NUMBER:S653 TITLE OF BILL: An act to amend the general business law, in relation to the sale of imitation weapons PURPOSE: This legislation conforms state law with federal law regarding imitation weapons that resemble actual firearms. It permits the Attorney General to bring forth actions against any person, organization or firm violating any measure of this article. It also provides consumers with a private right of action. SUMMARY OF PROVISIONS: The General Business Law is amended to conform state law to federal law, enabling the Attorney General to enforce federal standards and compliance by retailers and manufacturers. Specifically, Section 871 subdivision3 2(a), (b), {c) and (d) are amended to clarify the definition of imitation weapons. A new subdivision is added to section 873 to provide individual consumers with a private right of action This right of action would not include cases where a person is injured while committing or engaging in an unlawful activity. JUSTIFICATION:
2013-S653 (ACTIVE) - Bill Text download pdf
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: Section 1. Subdivision 2 of section 871 of the general business law, as added by chapter 475 of the laws of 1988, is amended to read as follows: 2. "Imitation weapon" means any device or object made of plastic, wood, metal or any other material which substantially duplicates or can reasonably be perceived to be an actual firearm, air rifle, pellet gun, or "B-B" gun; unless such imitation weapon (a) is colored [other than black, blue, silver or aluminum, (b) is marked with a non-removable orange stripe which is at least one inch in width and runs the entire length of the barrel on each side and the front end of the barrel, and (c) has a barrel at least one inch in diameter that is closed for a distance of not less than one-half inch from the front-end of its barrel with the same material of which the imitation weapon is made] WHITE, BRIGHT RED, BRIGHT ORANGE, BRIGHT YELLOW, BRIGHT GREEN, BRIGHT BLUE, BRIGHT PINK, OR BRIGHT PURPLE, EITHER SINGLY OR AS THE PREDOMINANT COLOR IN COMBINATION WITH OTHER COLORS IN ANY PATTERN; (B) HAS PERMANENTLY AFFIXED TO THE MUZZLE, A BLAZE ORANGE PLUG INSERTED IN THE BARREL OF SUCH IMITATION FIREARM. SUCH PLUG SHALL BE RECESSED NO MORE THAN SIX MILLIMETERS FROM THE MUZZLE END OF THE BARREL OF SUCH FIREARM; (C) IS CONSTRUCTED ENTIRELY OF TRANSPARENT OR TRANSLUCENT MATERIALS WHICH PERMITS UNMISTAKABLE OBSERVATION OF THE DEVICE'S COMPLETE CONTENTS; OR (D) HAS A BLAZE ORANGE MARKING PERMANENTLY AFFIXED TO THE EXTERIOR SURFACE OF THE BARREL, COVERING THE CIRCUMFERENCE OF THE BARREL FROM THE 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.
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