Creates a cause of action for injuries sustained by persons possessing imitation weapons against persons who manufacture, sell, or distribute them illegally

BILL NUMBER:A8881

Title of bill

An act to amend the general obligations law, in relation to creating a cause of action for injuries or other damages sustained by reason of the violation of article 39-B of the general business law prohibiting imitation weapons

Purpose or general idea of bill

This measure will hold liable and impose penalties on the manufacturers, distributors, and retailers for any harm inflicted upon consumers and bystanders as a result of purchasing and using toy guns.

Summary of specific provisions

Bill §1 amends the General Obligations Law by adding a new §11-1OB, creating a right of action for compensation for any person injured by reason of possession of an imitation weapon that was imported, manufac- tured, sold or distributed in violation of Article 39-B of the General Business Law (GBL). For the purpose of this section, the term "imitation weapon" shall have the meaning defined therefor by GBL §871.

Justification

The incidents involving toy guns and law enforcement are on the rise. It is just simply irresponsible for toy guns to be manufactured to resemble "real weapons", it is equally irresponsible for those potentially deadly "toys" to be shipped, distributed, marketed and sold to the children of New York State.

Let us not forget that the vast majority of police officers are seen by the community as allies in the struggle against crime, drugs, and attacks on the more vulnerable members of society. Rather than placing the blame on these officers, let us place the blame and the true liabil- ity where the fault lies, on the toy manufacturers and distributors. Even the most seasoned officers experience deep psychological trauma and post traumatic stress disorders. The terrible human cost imposed by these tragedies, both for the young people and their families, as well as the officers, are purely unimaginable. No family or individual should ever endure this anguish. Clearly the time has come to go beyond exist- ing laws regarding realistic toy guns, these laws are obviously insuffi- cient.

Legislative history

A.2972 (1999-2000) A.4710 (2001-02) A.3003 (2003-04) A.2803 (2005-06)

All bills referred to Assembly Judiciary Committee.

Fiscal implications

None.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become law.