Assembly Bill A10701

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10701
 
                           I N  A S S E M B L Y
 
                              March 20, 2026
                                ___________
 
 Introduced by M. of A. ROMERO -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to amend the general business law, in relation to certain types
   of imitation guns
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  opening paragraph of subdivision 2 of section 871 of
 the general business law, as amended by chapter 73 of the laws of  2023,
 is amended to read as follows:
   "Imitation weapon" means any device or object, INCLUDING AN AIR RIFLE,
 PELLET  GUN,  OR  "B-B"  GUN,  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:
   § 2. Section 399-r of the general business law, as  added  by  chapter
 120 of the laws of 1989, is amended to read as follows:
   §  399-r.  Sale of paint pellet guns OR OTHER TYPES OF AIR GUNS.(a) No
 person, firm, or corporation shall sell or offer to sell a paint  pellet
 gun  OR  OTHER  TYPES OF AIR GUNS to any person under [sixteen] EIGHTEEN
 years of age.
   (b) For purposes of this subdivision,  the  term  "paint  pellet  gun"
 means  a  gun,  air  gun, pistol, rifle, or like device in appearance or
 function, capable of and designed for discharging and propelling through
 the air to a target a small quantity of paint enclosed within  a  pellet
 or pellet-like device or capsule or capsule-like device that breaks upon
 impact with the target, overspreading the target with paint.
   (c)  FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "OTHER TYPE OF AIR
 GUN" MEANS ANY IMPLEMENT THAT EXPELS A  MISSILE  OR  PROJECTILE  BY  THE
 FORCE OF A SPRING, AIR, OR OTHER NON-IGNITED COMPRESSED GAS.
   (D)  Any  person,  firm, or corporation who violates the provisions of
 this section shall be subject to a civil penalty of not more than  [five
 hundred] ONE THOUSAND dollars FOR EACH VIOLATION.
   §  3.  Subdivisions  2  and 4 of section 898-a of the general business
 law, subdivision 2 as amended by chapter 429 of the laws  of  2024,  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01482-02-6
 A. 10701                            2
 
 subdivision  4  as added by chapter 237 of the laws of 2021, are amended
 and a new subdivision 7 is added to read as follows:
   2.  "Reasonable  controls  and  procedures"  shall  mean policies that
 include, but are not limited to: (a)  instituting  screening,  security,
 inventory  and  other  business practices to prevent thefts of qualified
 products as well as sales of qualified  products  to  straw  purchasers,
 traffickers,  persons prohibited from possessing firearms under state or
 federal law, or persons at risk of injuring themselves  or  others;  (b)
 preventing deceptive acts and practices and false advertising and other-
 wise  ensuring compliance with all provisions of article twenty-two-A of
 this chapter; [and] (c) taking reasonable steps to prevent the installa-
 tion and use of a pistol converter, as defined in section 265.00 of  the
 penal  law,  on  qualified  products; AND (D) TAKING REASONABLE STEPS TO
 PREVENT THE REPLICATION OF A QUALIFIED PRODUCT IN THE  MANUFACTURING  OF
 AN  IMITATION  WEAPON,  AS  DEFINED  IN SUBDIVISION TWO OF SECTION EIGHT
 HUNDRED SEVENTY-ONE OF THIS CHAPTER.
   4. "Gun industry member"  shall  mean  a  person,  firm,  corporation,
 company,  partnership,  society, joint stock company or any other entity
 or association engaged in the sale, manufacturing, distribution, import-
 ing or marketing of firearms, ammunition,  ammunition  magazines,  [and]
 firearms accessories, AND IMITATION WEAPONS.
   7.  "IMITATION  WEAPON"  SHALL  HAVE  THE SAME MEANING AS SET FORTH IN
 SUBDIVISION TWO OF SECTION EIGHT HUNDRED SEVENTY-ONE OF THIS CHAPTER.
   § 4. Section 898-b of the general business law, as  added  by  chapter
 237 of the laws of 2021, is amended to read as follows:
   §  898-b. Prohibited activities. 1. No gun industry member, by conduct
 either unlawful in itself or unreasonable under  all  the  circumstances
 shall knowingly or recklessly create, maintain or contribute to a condi-
 tion in New York state that endangers the safety or health of the public
 through  the  sale, manufacturing, importing or marketing of a qualified
 product OR IMITATION WEAPON.
   2. All gun industry members who manufacture, market, import  or  offer
 for  wholesale  or retail sale any qualified product OR IMITATION WEAPON
 in New York state shall establish and utilize  reasonable  controls  and
 procedures  to  prevent its qualified products OR IMITATION WEAPONS from
 being possessed, used, marketed or sold unlawfully in New York state.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law.