Clarifies the definition of imitation weapon

Title of bill

An act to amend the general business law, in relation to clarifying the definition of "imitation weapon"

Summary of provisions

Section 1 amends subdivision 2 of section 871 of the general business law, as added by chapter 475 of the laws of 1988, to change the definition of an imitation weapon.

Section 2 sets forth the effective date.

Justification

While on the surface they are seemingly harmless children's products, toy guns have been responsible for an alarming number of real crimes and deaths. Since 1994, there have been at least 63 shootings in New York State as a result of imitation weapons being mistaken for real firearms, and at least 8 of those shootings were fatal. Hundreds of crimes have been committed in New York City with toy guns. While current state law regulates the composition of imitation weapons, these products are still widely available and dangerous.

This bill clarifies and strengthens the definition of an imitation weapon by making it consistent with New York City Administrative Code Section 10-131. The bill states that permissible imitation weapons must be entirely brightly colored or be constructed entirely of transparent or translucent materials, along with other identifying features.

In August 2015, the Attorney General settled a lawsuit against several major online retailers and third-party sellers, including Walmart, K-Mart, Sears and Amazon, for violating state law regarding the sale of imitation weapons. Between 2012 and 2014, the Attorney General's investigation found that these retailers sold 6,429 prohibited toy guns to New York consumers. The retailers agreed to pay over $300,000 in fines and moving forward will sell only toy guns that comply with New York City's standard throughout the state.

By making state law consistent with New York City's law, this bill will codify the intent of Attorney General's settlement agreement and prevent additional and future retailers from selling inconsistent imitation weapons. It will further increase safety by minimizing cases where an imitation weapon is mistaken for a real firearm.

Prior legislative history

New bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.