S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7355
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 26, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Consumer Affairs and 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
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03225-01-9

 A. 7355                             2
 
 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.