NY State Senate Bill S687

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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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2021	referred to consumer affairs and protection delivered to assembly passed senate
Jan 25, 2021	advanced to third reading
Jan 20, 2021	2nd report cal.
Jan 19, 2021	1st report cal.104
Jan 06, 2021	referred to consumer protection

Votes

view votes

Jun 2, 2021 - floor Vote

S687

floor

Aye

Nay

Absent

Excused

Abstained

Jan 19, 2021 - Consumer Protection committee Vote

S687

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S687 (ACTIVE) - Details

See Assembly Version of this Bill:: A3998
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: S35, A7355

S687 (ACTIVE) - Summary

Clarifies the definition of imitation weapon.

S687 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S687

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.0035 of 2019-2020 (Hoylman): Died in Consumer Affairs and Protection
A.7355 of 2019-2020 (Abinanti): Died in Consumer Affairs and Protection
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.

S687 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    687
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. HOYLMAN, KAPLAN -- 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.
                                                            LBD01697-01-1

 S. 687                              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 S687

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 2, 2021 - floor Vote

Floor Vote: Jun 2, 2021

Jan 19, 2021 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Jan 19, 2021

Co-Sponsors

S687 (ACTIVE) - Details

S687 (ACTIVE) - Summary

S687 (ACTIVE) - Sponsor Memo

S687 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S687

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Sponsored By

Brad Hoylman

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 2, 2021 - floor Vote

Floor Vote: Jun 2, 2021

Jan 19, 2021 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Jan 19, 2021

Co-Sponsors

Alessandra Biaggi

Anna M. Kaplan

John C. Liu

Luis R. Sepúlveda

S687 (ACTIVE) - Details

S687 (ACTIVE) - Summary

S687 (ACTIVE) - Sponsor Memo

S687 (ACTIVE) - Bill Text download pdf

Comments