Senate Bill S35

2019-2020 Legislative Session

Clarifies the definition of imitation weapon

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2019-S35 (ACTIVE) - Details

See Assembly Version of this Bill:
A7355
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §871, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7656
2017-2018: S21
2021-2022: S687, A3998

2019-S35 (ACTIVE) - Summary

Clarifies the definition of imitation weapons.

2019-S35 (ACTIVE) - Sponsor Memo

2019-S35 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    35
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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.

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