Conforms state law with federal law regarding imitation weapons and provides a private right of action for individual consumers

BILL NUMBER:S4079

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. Specif- ically, Section 871 subdivision3 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 burglar- ies, 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 non-conforming imitation gun a private right of action to sue the retailer for damages. In addition, this meas- ure will help to reduce the threat of crimes committed using and inci- dents of fatalities by imitation weapons.

Legislative history

S.3113 of 2007 02/23/08 REFERRED TO CONSUMER PROTECTION S.1668 of 2011 01/11/11 REFERRED TO CONSUMER PROTECTION 01/04/12 REFERRED TO CONSUMER PROTECTION 01/09/13 REFERRED TO CONSUMER PROTECTION 01/08/14 REFERRED TO CONSUMER PROTECTION

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.