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Senate Bill S816

Signed By Governor

2023-2024 Legislative Session

Relates to the definition of imitation weapon

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Archive: Last Bill Status - Signed by Governor

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2023-S816 (ACTIVE) - Details

See Assembly Version of this Bill:
A2209
Law Section:
General Business Law
Laws Affected:
Amd §871, Gen Bus L (as proposed in S.687 & A.3998)

2023-S816 (ACTIVE) - Summary

Makes clarifying changes to the definition of imitation weapon.

2023-S816 (ACTIVE) - Sponsor Memo

2023-S816 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    816
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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  amended  by a chapter of the laws of 2022 amending the general busi-
 ness law relating to clarifying the definition of "imitation weapon", as
 proposed in legislative bills numbers S. 687 and A. 3998, 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) EITHER (I) is colored 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)] (II) is constructed entirely of transparent or translucent mate-
 rials  which  permits  unmistakable  observation of the imitation or toy
 firearm's complete contents; AND
   [(c)] (B) has a barrel 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; AND
   [(d)] (C) has legibly stamped thereon, the name of the manufacturer or
 some  trade name, mark or brand by which the manufacturer can be readily
 identified; and
   [(e)] (D) 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03990-01-3

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