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Assembly Bill A1193

2009-2010 Legislative Session

Provides that promotional materials for firearms, rifles and shotguns contain the country of origin

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Archive: Last Bill Status - Stricken

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2009-A1193 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add ยง349-d, Gen Bus L

2009-A1193 (ACTIVE) - Summary

Provides that when a firearm, rifle or shotgun is advertised for sale in any mail order catalog or other promotional material, the description shall contain a clear and conspicuous statement that identifies the country where the firearm, rifle or shotgun was manufactured.

2009-A1193 (ACTIVE) - Bill Text download pdf 

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

                                  1193

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of A. DESTITO, TOWNSEND -- read once and referred to
  the Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to  identification
  of  the  country  of origin of firearms, rifles and shotguns in promo-
  tional materials

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

  Section 1. The general business law is amended by adding a new section
349-d to read as follows:
  S 349-D. NOTICE CONCERNING MANUFACTURERS OF FIREARMS, RIFLES AND SHOT-
GUNS. 1.  WHEN A FIREARM, RIFLE OR SHOTGUN IS ADVERTISED FOR SALE IN ANY
MAIL  ORDER  CATALOG  OR OTHER PROMOTIONAL MATERIAL BY A MANUFACTURER OR
DISTRIBUTOR, THE DESCRIPTION  SHALL  CONTAIN  A  CLEAR  AND  CONSPICUOUS
STATEMENT  THAT IDENTIFIES THE COUNTRY WHERE THE FIREARM, RIFLE OR SHOT-
GUN WAS MANUFACTURED.
  2. THE STATEMENT OF ORIGIN REQUIRED  BY  THIS  SECTION  SHALL  NOT  BE
INCONSISTENT WITH THE ORIGIN LABELING OF THE PRODUCT BEING ADVERTISED.
  3.  IT SHALL CONSTITUTE FALSE ADVERTISING FOR ANY PERSON, FIRM, CORPO-
RATION, PARTNERSHIP, LIMITED LIABILITY COMPANY  OR  OTHER  ENTITY  WHICH
MANUFACTURES  OR DISTRIBUTES FIREARMS, RIFLES OR SHOTGUNS TO ADVERTISE A
FIREARM, RIFLE OR SHOTGUN IN ANY MAIL ORDER CATALOG OR OTHER PROMOTIONAL
MATERIAL IN A MANNER THAT FALSELY SUGGESTS THAT SUCH FIREARM,  RIFLE  OR
SHOTGUN IS PRODUCED IN A GEOGRAPHIC LOCATION OTHER THAN THE ACTUAL COUN-
TRY OF ORIGIN.
  4.  THE  PROVISIONS  OF  THIS  SECTION SHALL NOT BE DEEMED TO ALTER OR
OTHERWISE SUPERSEDE ANY OTHER LABELING OR DISCLOSURE REQUIREMENT IMPOSED
BY STATE OR FEDERAL LAW.
  5. A VIOLATION OF THIS SECTION SHALL BE DEEMED TO BE BOTH A  DECEPTIVE
ACT  AND  FALSE ADVERTISING AND SHALL BE SUBJECT TO THE PENALTIES OTHER-
WISE PRESCRIBED IN THIS ARTICLE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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