senate Bill S118A

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
view actions

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

See Assembly Version of this Bill:
A4407A
Versions:
S118
S118A
Legislative Cycle:
2009-2010
Current Committee:
Senate Codes
Law Section:
General Business Law
Laws Affected:
Amd ยงยง871 & 873, Gen Bus L
Versions Introduced in 2007-2008 Legislative Cycle:
S3113, A5010

Votes

6
1
6
Aye
1
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Consumer Protection committee vote details

Sponsor Memo

BILL NUMBER: S118A

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

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.
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 118--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sens.  SAMPSON,  DIAZ, KRUEGER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Consumer
  Protection -- reported favorably from said committee and committed  to
  the  Committee on Codes -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation  to  the  sale  of
  imitation weapons

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 871 of the general  business  law,
as  added  by  chapter  475  of  the laws of 1988, is amended to read as
follows:
  2. "Imitation weapon" means any device  or  object  made  of  plastic,
wood,  metal or any other material which substantially duplicates or can
reasonably be perceived to be an actual firearm, air rifle, pellet  gun,
or  "B-B"  gun;  unless such imitation weapon (a) is colored [other than
black, blue, silver or aluminum, (b)  is  marked  with  a  non-removable
orange  stripe  which  is at least one inch in width and runs the entire
length of the barrel on each side and the front end of the  barrel,  and
(c)  has  a  barrel  at  least one inch in diameter that is closed for a
distance of not less than one-half inch from the front-end of its barrel
with the same material of which the imitation  weapon  is  made]  WHITE,
BRIGHT  RED,  BRIGHT  ORANGE,  BRIGHT YELLOW, BRIGHT GREEN, BRIGHT BLUE,
BRIGHT PINK, OR BRIGHT PURPLE, EITHER SINGLY OR AS THE PREDOMINANT COLOR
IN COMBINATION WITH OTHER COLORS IN ANY  PATTERN;  (B)  HAS  PERMANENTLY
AFFIXED  TO  THE  MUZZLE,  A BLAZE ORANGE PLUG INSERTED IN THE BARREL OF
SUCH IMITATION FIREARM. SUCH PLUG SHALL BE RECESSED  NO  MORE  THAN  SIX
MILLIMETERS  FROM  THE  MUZZLE END OF THE BARREL OF SUCH FIREARM; (C) IS
CONSTRUCTED ENTIRELY  OF  TRANSPARENT  OR  TRANSLUCENT  MATERIALS  WHICH
PERMITS  UNMISTAKABLE  OBSERVATION OF THE DEVICE'S COMPLETE CONTENTS; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01988-02-9

S. 118--A                           2

(D) HAS A BLAZE ORANGE  MARKING  PERMANENTLY  AFFIXED  TO  THE  EXTERIOR
SURFACE OF THE BARREL, COVERING THE CIRCUMFERENCE OF THE BARREL FROM THE
MUZZLE  END  FOR  DEPTH OF AT LEAST SIX MILLIMETERS.  "Imitation weapon"
does  not  include any TRADITIONAL B-B, PAINT BALL, OR PELLET-FIRING AIR
GUN THAT EXPELS A PROJECTILE THROUGH THE FORCE OF AIR  PRESSURE  OR  ANY
nonfiring  replica  of  an  antique  firearm,  the original of which was
designed, manufactured and produced prior to  eighteen  hundred  ninety-
eight.
  S  2. Section 873 of the general business law, as added by chapter 475
of the laws of 1988, is amended to read as follows:
  S 873. Enforcement. 1. Whenever the  attorney  general  shall  believe
from  evidence  satisfactory to him OR HER that any person, firm, corpo-
ration or association or agent or  employee  thereof  has  violated  any
provision  of  this  article,  he  OR SHE may bring an action or special
proceeding in the supreme court for a judgment enjoining the continuance
of such violation and for a civil penalty of not more than one  thousand
dollars  for  each  violation. If it shall appear to the satisfaction of
the court or justice that the defendant has violated  any  provision  of
this  article,  no  proof  shall  be  required  that any person has been
injured thereby  nor  that  the  defendant  knowingly  or  intentionally
violated such provision. In such action preliminary relief may be grant-
ed  under  article  sixty-three  of the civil practice law and rules. In
connection with any such proposed application, the attorney  general  is
authorized  to  take  proof, issue subpoenas and administer oaths in the
manner provided in the civil practice law and rules.
  2. IN ADDITION TO ANY ACTION GRANTED TO THE ATTORNEY GENERAL  PURSUANT
TO  THIS  ARTICLE,  ANY  PERSON  WHO  HAS  BEEN INJURED BY REASON OF ANY
VIOLATION OF THIS ARTICLE; OTHER THAN A PERSON INJURED WHILE  COMMITTING
OR  ENGAGING  IN AN UNLAWFUL ACTIVITY; MAY BRING AN ACTION IN HIS OR HER
OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION  TO  RECOVER
HIS  OR  HER  ACTUAL  DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEVER IS
GREATER, OR BOTH SUCH ACTIONS. THE COURT MAY, IN ITS  DISCRETION,  AWARD
THE  PREVAILING  PLAINTIFF  IN  SUCH ACTION A PENALTY UP TO ONE THOUSAND
DOLLARS, IF THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  AND  KNOWINGLY
VIOLATED  THE PROVISIONS OF THIS SECTION. THE COURT MAY AWARD REASONABLE
ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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