NY State Senate Bill 2017-S21

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to consumer protection
Jan 04, 2017	referred to consumer protection

2017-S21 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §871, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7656
2019-2020: S35
2021-2022: S687

2017-S21 (ACTIVE) - Summary

Clarifies the definition of imitation weapons.

2017-S21 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S21

 TITLE OF BILL :  An act to amend the general business law, in
relation to clarifying the definition of "imitation weapon"

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 2 of section 871 of the general business
law, as added by chapter 475 of the laws of 1988, to change the
definition of an imitation weapon.

Section 2 sets forth the effective date.

 JUSTIFICATION :

While on the surface they are seemingly harmless children's products,
toy guns have been responsible for an alarming number of real crimes
and deaths. Since 1994, there have been at least 63 shootings in New
York State as a result of imitation weapons being mistaken for real
firearms, and at least 8 of those shootings were fatal. Hundreds of
crimes have been committed in New York City with toy guns. While
current state law regulates the composition of imitation weapons,
these products are still widely available and dangerous.

This bill clarifies and strengthens the definition of an imitation
weapon by making it consistent with New York City Administrative Code

Section 10-131. The bill states that permissible imitation weapons
must be entirely brightly colored or be constructed entirely of
transparent or translucent materials, along with other identifying
features.

In August 2015, the Attorney General settled a lawsuit against several
major online retailers and third-party sellers, including Walmart,
K-Mart, Sears and Amazon, for violating state law regarding the sale
of imitation weapons. Between 2012 and 2014, the Attorney General's
investigation found that these retailers sold 6,429 prohibited toy
guns to New York consumers. The retailers agreed to pay over $300,000
in fines and moving forward will sell only toy guns that comply with
New York City's standard throughout the state.

By making state law consistent with New York City's law, this bill
will codify the intent of Attorney General's settlement agreement and
prevent additional and future retailers from selling inconsistent
imitation weapons. It will further increase safety by minimizing cases
where an imitation weapon is mistaken for a real firearm.

 PRIOR LEGISLATIVE HISTORY :

S.7656 of 2016 (Hoylman): Died in Consumer Protection

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S21 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    21
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 clarifying  the
   definition of "imitation weapon"

   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,] WHITE,
 BRIGHT RED, BRIGHT ORANGE, BRIGHT YELLOW,  BRIGHT  GREEN,  BRIGHT  BLUE,
 BRIGHT  PINK  OR  BRIGHT PURPLE ON THE ENTIRE EXTERIOR SURFACE OR AS THE
 PREDOMINANT COLOR IN COMBINATION WITH OTHER COLORS IN ANY PATTERN; OR
   (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,] IS CONSTRUCTED ENTIRELY OF TRANSPARENT
 OR TRANSLUCENT MATERIALS WHICH PERMITS UNMISTAKABLE OBSERVATION  OF  THE
 IMITATION OR TOY FIREARM'S COMPLETE CONTENTS; [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, UNLESS  IT
 IS A WATER GUN;
   (D)  HAS LEGIBLY STAMPED THEREON, THE NAME OF THE MANUFACTURER OR SOME
 TRADE NAME, MARK OR BRAND BY WHICH THE MANUFACTURER CAN BE READILY IDEN-
 TIFIED; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05682-01-7

 S. 21                               2
 
   (E) DOES NOT HAVE ATTACHED THERETO A LASER POINTER,  DEFINED  FOR  THE
 PURPOSE  OF THIS SECTION AS ANY DEVICE THAT EMITS LIGHT AMPLIFIED BY THE
 STIMULATED EMISSION OF RADIATION THAT  IS  VISIBLE  TO  THE  HUMAN  EYE.
 "Imitation  weapon" does not include any nonfiring replica of an antique
 firearm,  the  original of which was designed, manufactured and produced
 prior to eighteen hundred ninety-eight.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S21

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2017-S21 (ACTIVE) - Details

2017-S21 (ACTIVE) - Summary

2017-S21 (ACTIVE) - Sponsor Memo

2017-S21 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S21

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2017-S21 (ACTIVE) - Details

2017-S21 (ACTIVE) - Summary

2017-S21 (ACTIVE) - Sponsor Memo

2017-S21 (ACTIVE) - Bill Text download pdf

Comments