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Sponsors
2 Co-sponsors
History
- Referred to consumer protection
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Conforms state law with federal law regarding imitation weapons and provides a private right of action for individual consumers
In Assembly Committee · Economic Development · Sponsor Inez Barron
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1668
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 subdivisions 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
An alarming trend of criminal activity such as burglaries, robberies, hostage situations and confrontations with police has employed the use of imitation weapons. Despite current state law which makes it illegal to manufacture or sell imitation weapons resembling actual firearms, New Yorkers continue to have access to them. As a result, individuals are dying needlessly at the hands of police officers who mistake these imitation weapons for actual firearms. This legislation not only encourages compliance by retailers and manufacturers, but empowers the State Attorney General to actively enforce federal standards. In addition, it provides individual consumers injured due to the sale of a nonconforming imitation gun a private right of action to sue the retailer for damages. In addition, this measure will help to reduce the threat of crimes committed using and incidents of fatalities by imitation weapons.
Legislative history
S.3113 of 2007 02/23/08 Referred to Consumer Protection S.118 of 2009 01/07/09 REFERRED TO CONSUMER PROTECTION 03/03/09 REPORTED AND COMMITTED TO CODES 04/27/09 AMEND AND RECOMMIT TO CODES 04/27/09 PRINT NUMBER 118A 05/05/09 1ST REPORT CAL. 251 05/06/09 2ND REPORT CAL. 05/11/09 ADVANCED TO THIRD READING
07/16/09 COMMITTED TO RULES 01/06/10 REFERRED TO CONSUMER PROTECTION 02/02/10 REPORTED AND COMMITTED TO CODES
Fiscal implications
Unknown at present time.
Local fiscal implications
Unknown at present time.
Effective date
This act shall take effect on the ninetieth day after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.