NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2209
SPONSOR: Chandler-Waterman TITLE OF BILL:
An act to amend the general business law, in relation to clarifying the
definition of "imitation weapon"
PURPOSE:
The purpose of this bill is to effectuate an amendment to Chapter 501 of
the laws 2022 (Approval message 15) related to clarifying the character-
istics a toy gun must meet in order to be exempt from the definition of
"imitation weapon."
SUMMARY: :
This bill makes a purely technical change to the underlying chapter to
clarify a toy gun must be entirely brightly colored or entirely trans-
parent or translucent, in addition to other requirements, in order to be
exempt from the definition of "imitation weapon."
JUSTIFICATION:
Chapter 501 of the Laws of 2022 specified the characteristics a toy gun
must have to be exempt from the definition of "imitation weapon," which
are illegal to sell or possess in New York State. This legislation makes
technical and grammatical changes to further clarify what requirements
the toy gun must meet to not be considered an "imitation weapon," there-
by minimizing the chances a toy is mistaken for an actual weapon.
PRIOR LEGISLATIVE HISTORY:
This bill is a chapter amendment to chapter 501 of the laws of 2022.
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2022 clarifying the definition of "imitation
weapon,' as proposed in legislative bills numbers 5.687 and A.3998,
takes effect.
STATE OF NEW YORK
________________________________________________________________________
2209
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. CHANDLER-WATERMAN -- read once and referred to
the Committee 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:
1 Section 1. Subdivision 2 of section 871 of the general business law,
2 as amended by a chapter of the laws of 2022 amending the general busi-
3 ness law relating to clarifying the definition of "imitation weapon", as
4 proposed in legislative bills numbers S. 687 and A. 3998, is amended to
5 read as follows:
6 2. "Imitation weapon" means any device or object made of plastic,
7 wood, metal or any other material which substantially duplicates or can
8 reasonably be perceived to be an actual firearm, air rifle, pellet gun,
9 or "B-B" gun; unless such imitation weapon:
10 (a) either (i) is colored white, bright red, bright orange, bright
11 yellow, bright green, bright blue, bright pink or bright purple on the
12 entire exterior surface or as the predominant color in combination with
13 other colors in any pattern; or
14 [(b)] (ii) is constructed entirely of transparent or translucent mate-
15 rials which permits unmistakable observation of the imitation or toy
16 firearm's complete contents; and
17 [(c)] (b) has a barrel that is closed for a distance of not less than
18 one-half inch from the front-end of its barrel with the same material of
19 which the imitation weapon is made, unless it is a water gun; and
20 [(d)] (c) has legibly stamped thereon, the name of the manufacturer or
21 some trade name, mark or brand by which the manufacturer can be readily
22 identified; and
23 [(e)] (d) does not have attached thereto a laser pointer, defined for
24 the purpose of this section as any device that emits light amplified by
25 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
A. 2209 2
1 "Imitation weapon" does not include any nonfiring replica of an antique
2 firearm, the original of which was designed, manufactured and produced
3 prior to eighteen hundred ninety-eight.
4 § 2. This act shall take effect on the same date and in the same
5 manner as a chapter of the laws of 2022 amending the general business
6 law relating to clarifying the definition of "imitation weapon", as
7 proposed in legislative bills numbers S. 687 and A. 3998, takes effect.
