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This entry was published on 2022-11-18
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SECTION 871
Definitions
General Business (GBS) CHAPTER 20, ARTICLE 39-B
§ 871. Definitions. 1. "Firearm" as used in this section shall have
the same meaning as that term is defined by subdivision three of section
265.00 of the penal law and shall include machine guns, rifles and
shotguns as those terms are defined by subdivisions one, eleven and
twelve, respectively, of section 265.00 of the penal law.

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 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 constructed entirely of transparent or translucent materials
which permits unmistakable observation of the imitation or toy firearm's
complete contents;

(c) 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;

(d) 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) 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.