S653-2013 Actions

• Jan 9, 2013: REFERRED TO CONSUMER PROTECTION

S653-2013 Memo

BILL NUMBER:S653

TITLE OF BILL:
An act
to amend the general business law, in relation to the sale of imitation
weapons

PURPOSE:
This legislation conforms state law with federal law
regarding imitation weapons that resemble actual firearms. It permits
the Attorney General to bring forth actions against any person,
organization or firm violating any measure of this article. It also
provides consumers with a private right of action.

SUMMARY OF PROVISIONS:
The General Business Law is amended to
conform state law to federal law, enabling the Attorney General to
enforce federal standards and compliance by retailers and
manufacturers. Specifically, Section 871 subdivision3 2(a), (b), {c)
and (d) are amended to clarify the definition of imitation weapons. A
new subdivision is added to section 873 to provide individual
consumers with a private right of action This right of action would
not include cases where a person is injured while committing or
engaging in an unlawful activity.

JUSTIFICATION:

An alarming trend of criminal activity such as burglaries, robberies,
hostage situations and confrontations with police has employed the
use of imitation weapons. Despite current state law which makes it
illegal to manufacture or sell imitation weapons resembling actual
firearms, New Yorkers continue to have access to them. As a result,
individuals are dying needlessly at the hands of police officers who
mistake these imitation weapons for actual firearms.

This legislation not only encourages compliance by retailers and
manufacturers, but empowers the State Attorney General to actively
enforce federal standards. In addition, it provides individual
consumers injured due to the sale of a non-conforming imitation gun a
private right of action to sue the retailer for damages. In addition,
this measure will help to reduce the threat of crimes committed using
and incidents of fatalities by imitation weapons.

LEGISLATIVE HISTORY:
S.3113 of 2007
02/23/08 REFERRED TO CONSUMER PROTECTION
S 1668 of 2011
01/11/11 REFERRED TO CONSUMER PROTECTION
01/04/12 REFERRED TO CONSUMER PROTECTION

FISCAL IMPLICATIONS:
Unknown at present time.

LOCAL FISCAL IMPLICATIONS:
Unknown at present time.


EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law.

S653-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          653
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen. SAMPSON -- 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  the  sale  of
 imitation weapons
 

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, (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,  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]  WHITE,
 BRIGHT  RED,  BRIGHT  ORANGE,  BRIGHT YELLOW, BRIGHT GREEN, BRIGHT BLUE,
 BRIGHT PINK, OR BRIGHT PURPLE, EITHER SINGLY OR AS THE PREDOMINANT COLOR
 IN COMBINATION WITH OTHER COLORS IN ANY  PATTERN;  (B)  HAS  PERMANENTLY
 AFFIXED  TO  THE  MUZZLE,  A BLAZE ORANGE PLUG INSERTED IN THE BARREL OF
 SUCH IMITATION FIREARM. SUCH PLUG SHALL BE RECESSED  NO  MORE  THAN  SIX
 MILLIMETERS  FROM  THE  MUZZLE END OF THE BARREL OF SUCH FIREARM; (C) IS
 CONSTRUCTED ENTIRELY  OF  TRANSPARENT  OR  TRANSLUCENT  MATERIALS  WHICH
 PERMITS  UNMISTAKABLE  OBSERVATION OF THE DEVICE'S COMPLETE CONTENTS; OR
 (D) HAS A BLAZE ORANGE  MARKING  PERMANENTLY  AFFIXED  TO  THE  EXTERIOR
 SURFACE OF THE BARREL, COVERING THE CIRCUMFERENCE OF THE BARREL FROM THE
 MUZZLE  END  FOR  DEPTH OF AT LEAST SIX MILLIMETERS.  "Imitation weapon"
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02084-01-3
 
       S. 653                              2
 does not include any TRADITIONAL B-B, PAINT BALL, OR  PELLET-FIRING  AIR
 GUN  THAT  EXPELS  A PROJECTILE THROUGH THE FORCE OF AIR PRESSURE OR ANY
 nonfiring replica of an antique  firearm,  the  original  of  which  was
 designed,  manufactured  and  produced prior to eighteen hundred ninety
 eight.
 

S 2.

Section 873 of the general business law, as added by chapter  475
 of the laws of 1988, is amended to read as follows:

 

S  873.  Enforcement.  1.  Whenever the attorney general shall believe
 from evidence satisfactory to him OR HER that any person,  firm,  corpo
 ration  or  association  or  agent  or employee thereof has violated any
 provision of this article, he OR SHE may  bring  an  action  or  special
 proceeding in the supreme court for a judgment enjoining the continuance
 of  such violation and for a civil penalty of not more than one thousand
 dollars for each violation. If it shall appear to  the  satisfaction  of
 the  court  or  justice that the defendant has violated any provision of
 this article, no proof shall  be  required  that  any  person  has  been
 injured  thereby  nor  that  the  defendant  knowingly  or intentionally
 violated such provision. In such action preliminary relief may be grant
 ed under article sixty-three of the civil practice  law  and  rules.  In
 connection  with  any such proposed application, the attorney general is
 authorized to take proof, issue subpoenas and administer  oaths  in  the
 manner provided in the civil practice law and rules.
 2.  IN ADDITION TO ANY ACTION GRANTED TO THE ATTORNEY GENERAL PURSUANT
 TO THIS ARTICLE, ANY PERSON WHO  HAS  BEEN  INJURED  BY  REASON  OF  ANY
 VIOLATION  OF THIS ARTICLE; OTHER THAN A PERSON INJURED WHILE COMMITTING
 OR ENGAGING IN AN UNLAWFUL ACTIVITY; MAY BRING AN ACTION IN HIS  OR  HER
 OWN  NAME  TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER
 HIS OR HER ACTUAL DAMAGES OR TWO HUNDRED  FIFTY  DOLLARS,  WHICHEVER  IS
 GREATER,  OR  BOTH SUCH ACTIONS. THE COURT MAY, IN ITS DISCRETION, AWARD
 THE PREVAILING PLAINTIFF IN SUCH ACTION A PENALTY  UP  TO  ONE  THOUSAND
 DOLLARS,  IF  THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY AND KNOWINGLY
 VIOLATED THE PROVISIONS OF THIS SECTION. THE COURT MAY AWARD  REASONABLE
 ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
 

S  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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