Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
senate Bill S35
2019-2020 Legislative Session
Sponsored By
Brad Hoylman
(D, WF) 27th Senate District
Current 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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S35 (ACTIVE) - Details
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
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.
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