What's happening
This bill expands the definition of "disguised gun" to include firearms resembling toy guns and makes their design or sale a felony.
Why it matters
Broadens the legal definition of "disguised gun,". making it a crime not just to possess guns disguised as innocuous objects, but also guns that are intentionally made to look like toy guns—expanding what counts as a "disguised gun" under the law.
Targets gun manufacturers, dealers, and individuals. who alter or design real firearms to look like toys (including by using non-standard colors or decorative patterns), making it a felony to do so with intent to sell—this could have a major effect on both legal and illegal gun markets.
Exempts hunting firearms with camouflage finishes. , clarifying that guns designed for hunting and using camouflage patterns are not considered “disguised guns” under this law, thereby addressing concerns from the hunting community.
Aims to address risks to public safety and police officers. , as real guns that look like toys can cause confusion during law enforcement encounters and increase the risk of accidental shootings, particularly involving children or untrained individuals.
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Who cares
Headline styles
Ban Toy-Lookalike Guns
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Referred to codes
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.
Ban Toy-Lookalike Guns
In Assembly Committee · Codes · Sponsor Joseph Lentol
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5261
2019-2020 Regular Sessions
IN SENATE
April 18, 2019
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to redefining the term "disguised gun" to include any rifle, pistol, shotgun or machine-gun resembling a toy gun and prohibiting the possession, manufacture or design thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 20 of section 265.00 of the penal law, as added by chapter 378 of the laws of 1998, is amended to read as follows:
20. "Disguised gun" means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive and is designed and intended to appear to be either; (a) something other than a gun; or (b) a toy gun that shall include, but not be limited to, any rifle, pistol, shotgun or machinegun displaying a color finish other than the original manufacture color, a decorative pattern or plastic like surface; provided, however, that any rifle or shotgun displaying a camouflage color finish or pattern that is intended for hunting, as defined by article eleven of the environmental conservation law, shall not be considered a "disguised gun" for purposes of this section.
§ 2. Section 265.10 of the penal law is amended by adding a new subdivision 8 to read as follows:
8. Any person, dealer, firm, partnership or corporation who intentionally designs or transforms a rifle, pistol, shotgun or machine-gun to resemble a toy gun by either altering or concealing the original color or surface of the gun with the purpose of selling such weapon is guilty of a class D felony.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10401-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to redefin- ing the term "disguised gun" to include any rifle, pistol, shotgun or machine-gun resembling a toy gun and prohibiting the possession, manu- facture or design thereof
Purpose or general idea of bill
Amends the definition of disguised gun to include certain guns that are designed and intended to appear to be a toy gun.
Summary of specific provisions
This bill would expand the definition of "Disguised Gun" contained in the Penal Law as added by Chapter 378 of the Laws of 1998 to include guns designed and intended to appear to be a toy gun by displaying a color finish 'other than the original manufacture color, a decorative pattern or plastic like surface, provided, however, that any rifle or shotgun displaying a camouflage color finish or pattern which is intended for hunting, as defined by article eleven of the environmental conservation law, shall not be considered a "disguised gun."
The penal law is amended by adding a new subdivision which states that "Any person, dealer, firm, partnership or corporation who intentionally designs or transforms a rifle, pistol, shotgun or machine-gun to resem- ble a toy gun by either altering or concealing the original color or surface of the gun with the purpose of selling such weapon is guilty of a class D felony."
Justification
Guns that are disguised to appear to be toy guns pose a real threat to the citizenry of this state. While the current number of reported cases of such guns are not numerous, such cases are becoming more commonplace and can be expected to continue increasing in the future. Banning such guns is a logical extension of the ban on disguised guns.
Prior legislative history
S4169 of 2015/16: Referred to Codes
Fiscal implications for state and local governments
None.
Effective date
First of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.