NY State Senate Bill 2009-S118

Senate Bill S118

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	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
Apr 27, 2009	amend and recommit to codes
Mar 03, 2009	reported and committed to codes
Jan 07, 2009	referred to consumer protection

Votes

- Feb 2, 2010 - Consumer Protection Committee Vote
  S118
  
  6
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Feb 2, 2010
      
      aye (6)
      
      Adams
      
      Hassell-Thompson
      
      Huntley
      
      Monserrate
      
      Perkins
      
      Savino
      
      nay (1)
      
      Flanagan
      
      aye wr (3)
      
      Fuschillo
      
      Robach
      
      Saland

Bill Amendments

Original

A (Active)

2009-S118 - Details

Current Committee:: Senate Codes
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1668
2013-2014: S653
2015-2016: S4079

2009-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.

2009-S118 - 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.

2009-S118 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   118

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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
SURFACE OF THE BARREL, COVERING THE CIRCUMFERENCE OF THE BARREL FROM THE
MUZZLE  END  FOR  DEPTH OF AT LEAST SIX MILLIMETERS.  "Imitation weapon"

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

                                                           LBD01988-01-9

S. 118                              2

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 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  PREVAIL-
ING  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.

co-Sponsors

2009-S118A (ACTIVE) - Details

Current Committee:: Senate Codes
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1668
2013-2014: S653
2015-2016: S4079

2009-S118A (ACTIVE) - Summary

2009-S118A (ACTIVE) - 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.

2009-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.

                                                           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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