S T A T E   O F   N E W   Y O R K
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                                  7328

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2011
                               ___________

Introduced by M. of A. BARRON -- read once and referred to the Committee
  on Economic Development

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"
does  not  include any TRADITIONAL B-B, PAINT BALL, OR PELLET-FIRING AIR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05890-01-1
              

A. 7328                             2

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.