senate Bill S118

Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2009
    • REFERRED TO CONSUMER PROTECTION
  • 03 / Mar / 2009
    • REPORTED AND COMMITTED TO CODES
  • 27 / Apr / 2009
    • AMEND AND RECOMMIT TO CODES
  • 27 / Apr / 2009
    • PRINT NUMBER 118A
  • 05 / May / 2009
    • 1ST REPORT CAL.251
  • 06 / May / 2009
    • 2ND REPORT CAL.
  • 11 / May / 2009
    • ADVANCED TO THIRD READING
  • 16 / Jul / 2009
    • COMMITTED TO RULES
  • 06 / Jan / 2010
    • REFERRED TO CONSUMER PROTECTION
  • 02 / Feb / 2010
    • REPORTED AND COMMITTED TO CODES

Summary

Conforms state law with federal law regarding imitation weapons; empowers the attorney general to enforce federal standards and provides a private right of action against retailers by individual consumers injured due to the sale of a non-conforming toy gun.

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Bill Details

Versions:
S118
S118A
Legislative Cycle:
2009-2010
Current Committee:
Senate Codes
Versions Introduced in 2007-2008 Legislative Cycle:
S3113

Sponsor Memo

BILL NUMBER: S118

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 clarity the
definition of imitation weapons. A new subdivision is added to section
873 to provide individual consumers with a private light of action.

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 light 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

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.
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