senate Bill S118A

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 02, 2010 reported and committed to codes
Jan 06, 2010 referred to consumer protection
Jul 16, 2009 committed to rules
May 11, 2009 advanced to third reading
May 06, 2009 2nd report cal.
May 05, 2009 1st report cal.251
Apr 27, 2009 print number 118a
amend and recommit to codes
Mar 03, 2009 reported and committed to codes
Jan 07, 2009 referred to consumer protection

Votes

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Feb 2, 2010 - Consumer Protection committee Vote

S118A
6
1
committee
6
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Feb 2, 2010

nay (1)
aye wr (3)

Bill Amendments

Original
A (Active)
Original
A (Active)

S118 - Details

See Assembly Version of this Bill:
A4407A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §§871 & 873, Gen Bus L

S118 - 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.

S118 - Sponsor Memo

S118 - Bill Text download pdf

The Bill text is not available.

S118A (ACTIVE) - Details

See Assembly Version of this Bill:
A4407A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §§871 & 873, Gen Bus L

S118A (ACTIVE) - 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.

S118A (ACTIVE) - Sponsor Memo

S118A (ACTIVE) - Bill Text download pdf

                    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.

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