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Assembly Bill A3998

Signed By Governor

2021-2022 Legislative Session

Clarifies the definition of imitation weapon

download bill text pdf

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Archive: Last Bill Status Via S687 - Signed by Governor

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2021-A3998 (ACTIVE) - Details

See Senate Version of this Bill:
S687
Law Section:
General Business Law
Laws Affected:
Amd §871, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7656
2017-2018: S21
2019-2020: A7355, S35

2021-A3998 (ACTIVE) - Summary

Clarifies the definition of imitation weapons.

2021-A3998 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3998
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Consumer Affairs and 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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