S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8324
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    August 5, 2015
                                      ___________
       Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
         tee on Consumer Affairs and Protection
       AN  ACT  to  amend  the general business law, in relation to prohibiting
         cases  and  covers  for  wireless  communications  devices  which  are
         imitation weapons
         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 added by chapter 475 of the laws of 1988, is amended and a new subdi-
    3  vision 3 is added to read as follows:
    4    2.  "Imitation  weapon" means any device or object, INCLUDING, BUT NOT
    5  LIMITED TO, ANY CASE OR COVER FOR A WIRELESS COMMUNICATION DEVICE,  made
    6  of plastic, wood, metal or any other material which substantially dupli-
    7  cates or can reasonably be perceived to be an actual firearm, air rifle,
    8  pellet  gun,  or  "B-B" gun; unless such imitation weapon (a) is colored
    9  other than black, blue, silver or aluminum, (b) is marked with a non-re-
   10  movable orange stripe which is at least one inch in width and  runs  the
   11  entire  length  of  the  barrel  on  each  side and the front end of the
   12  barrel, and (c) has a barrel at least  one  inch  in  diameter  that  is
   13  closed  for a distance of not less than one-half inch from the front-end
   14  of its barrel with the same material of which the  imitation  weapon  is
   15  made.  "Imitation  weapon"  does not include any nonfiring replica of an
   16  antique firearm, the original of which was  designed,  manufactured  and
   17  produced prior to eighteen hundred ninety-eight.
   18    3.  "WIRELESS  COMMUNICATIONS  DEVICE" MEANS A WIRELESS COMMUNICATIONS
   19  DEVICE AS DEFINED IN SUBDIVISION NINE OF SECTION THREE  HUNDRED  ONE  OF
   20  THE COUNTY LAW.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11776-01-5