S T A T E   O F   N E W   Y O R K
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                                 4407--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M. of A. TOWNS, ALFANO -- Multi-Sponsored by -- M. of A.
  COOK, ERRIGO, TITUS -- read once and  referred  to  the  Committee  on
  Economic Development, Job Creation, Commerce and Industry -- 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
(D)  HAS  A  BLAZE  ORANGE  MARKING  PERMANENTLY AFFIXED TO THE EXTERIOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01988-03-9
              

A. 4407--A                          2

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.