NY State Senate Bill S35

Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2020	referred to consumer affairs and protection delivered to assembly passed senate
Jan 22, 2020	advanced to third reading
Jan 21, 2020	2nd report cal.
Jan 15, 2020	1st report cal.189
Jan 08, 2020	referred to consumer protection returned to senate died in assembly
Mar 04, 2019	referred to consumer affairs and protection delivered to assembly passed senate
Feb 11, 2019	advanced to third reading
Feb 05, 2019	2nd report cal.
Feb 04, 2019	1st report cal.115
Jan 09, 2019	referred to consumer protection

Votes

view votes

Jul 21, 2020 - floor Vote

S35

floor

Aye

Nay

Absent

Excused

Abstained

Jan 15, 2020 - Consumer Protection committee Vote

S35

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Consumer Protection committee vote details

Consumer Protection Committee Vote: Jan 15, 2020

aye (5)

nay (2)

Mar 4, 2019 - floor Vote

S35

floor

Aye

Nay

Absent

Excused

Abstained

Feb 4, 2019 - Consumer Protection committee Vote

S35

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S35 (ACTIVE) - Details

See Assembly Version of this Bill:: A7355
Law Section:: General Business Law
Laws Affected:: Amd §871, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7656
2017-2018: S21
2021-2022: S687, A3998

S35 (ACTIVE) - Summary

Clarifies the definition of imitation weapons.

S35 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S35

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the general business law, in relation
to clarifying the definition of "imitation weapon"

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 of section 871 of the general business
law, as added by chapter 475 of the laws of 1988, to change the defi-
nition of an imitation weapon.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

While on the surface they are seemingly harmless children's products,
toy guns have been responsible for an alarming number of real crimes and
deaths. Since 1994, there have been at least 63 shootings in New York
State as a result of imitation weapons being mistaken for real firearms,
and at least 8 of those shootings were fatal. Hundreds of crimes have

been committed in New York City with toy guns. While current state law
regulates the composition of imitation weapons, these products are still
widely available and dangerous.  This bill clarifies and strengthens the
definition of an imitation weapon by making it consistent with New York
City Administrative Code

Section 10-131. The bill states that permissible imitation weapons must
be entirely brightly colored or be constructed entirely of transparent
or translucent materials, along with other identifying features.

In August 2015, the Attorney General settled a lawsuit against several
major online retailers and third-party sellers, including Walmart,
K-Mart, Sears and Amazon, for violating state law regarding the sale of
imitation weapons. Between 2012 and 2014, the Attorney General's inves-
tigation found that these retailers sold 6,429 prohibited toy guns to
New York consumers. The retailers agreed to pay over $300,000 in fines
and moving forward will sell only toy guns that comply with New York
City's standard throughout the state.

By making state law consistent with New York City's law, this bill will
codify the intent of Attorney General's settlement agreement and prevent
additional and future retailers from selling inconsistent imitation
weapons. It will further increase safety by minimizing cases where an
imitation weapon is mistaken for a real firearm.

 
PRIOR LEGISLATIVE HISTORY:

S.0021 of 2017-2018 (Hoylman): Died in Consumer Protection
S.7656 of 2016 (Hoylman): Died in Consumer Protection

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

S35 (ACTIVE) - Bill Text download pdf


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

                                   35

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

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

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

                                                           LBD03225-01-9

S. 35                               2

  (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
firearm,  the  original of which was designed, manufactured and produced
prior to eighteen hundred ninety-eight.
  § 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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The New York State Senate

senate Bill S35

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Jul 21, 2020 - floor Vote

Floor Vote: Jul 21, 2020

Jan 15, 2020 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Jan 15, 2020

Mar 4, 2019 - floor Vote

Floor Vote: Mar 4, 2019

Feb 4, 2019 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Feb 4, 2019

Co-Sponsors

S35 (ACTIVE) - Details

S35 (ACTIVE) - Summary

S35 (ACTIVE) - Sponsor Memo

S35 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S35

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Sponsored By

Brad Hoylman

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jul 21, 2020 - floor Vote

Floor Vote: Jul 21, 2020

Jan 15, 2020 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Jan 15, 2020

Mar 4, 2019 - floor Vote

Floor Vote: Mar 4, 2019

Feb 4, 2019 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Feb 4, 2019

Co-Sponsors

Anna M. Kaplan

S35 (ACTIVE) - Details

S35 (ACTIVE) - Summary

S35 (ACTIVE) - Sponsor Memo

S35 (ACTIVE) - Bill Text download pdf

Comments