Senate Bill S7656

2015-2016 Legislative Session

Clarifies the definition of imitation weapon

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection 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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2015-S7656 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง871, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S21
2019-2020: S35
2021-2022: S687

2015-S7656 (ACTIVE) - Summary

Clarifies the definition of imitation weapons.

2015-S7656 (ACTIVE) - Sponsor Memo

2015-S7656 (ACTIVE) - Bill Text download pdf

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

                                  7656

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen. HOYLMAN -- 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 clarifying  the
  definition of "imitation weapon"

  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,] WHITE,
BRIGHT RED, BRIGHT ORANGE, BRIGHT YELLOW,  BRIGHT  GREEN,  BRIGHT  BLUE,
BRIGHT  PINK  OR  BRIGHT PURPLE ON THE ENTIRE EXTERIOR SURFACE OR AS THE
PREDOMINANT COLOR IN COMBINATION WITH OTHER COLORS IN ANY PATTERN; OR
  (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,] IS CONSTRUCTED ENTIRELY OF TRANSPARENT
OR TRANSLUCENT MATERIALS WHICH PERMITS UNMISTAKABLE OBSERVATION  OF  THE
IMITATION OR TOY FIREARM'S COMPLETE CONTENTS; [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, UNLESS  IT
IS A WATER GUN;
  (D)  HAS LEGIBLY STAMPED THEREON, THE NAME OF THE MANUFACTURER OR SOME
TRADE NAME, MARK OR BRAND BY WHICH THE MANUFACTURER CAN BE READILY IDEN-
TIFIED; AND
  (E) DOES NOT HAVE ATTACHED THERETO A LASER POINTER,  DEFINED  FOR  THE
PURPOSE  OF THIS SECTION AS ANY DEVICE THAT EMITS LIGHT AMPLIFIED BY THE
STIMULATED EMISSION OF RADIATION THAT  IS  VISIBLE  TO  THE  HUMAN  EYE.
"Imitation  weapon" does not include any nonfiring replica of an antique

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13574-01-6
              

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