S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6744
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 17, 2013
                                      ___________
       Introduced by M. of A. BARRON -- read once and referred to the Committee
         on Economic Development
       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:
    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  to  read  as
    3  follows:
    4    2.  "Imitation  weapon"  means  any  device or object made of plastic,
    5  wood, metal or any other material which substantially duplicates or  can
    6  reasonably  be perceived to be an actual firearm, air rifle, pellet gun,
    7  or "B-B" gun; unless such imitation weapon (a) is  colored  [other  than
    8  black,  blue,  silver  or  aluminum,  (b) is marked with a non-removable
    9  orange stripe which is at least one inch in width and  runs  the  entire
   10  length  of  the barrel on each side and the front end of the barrel, and
   11  (c) has a barrel at least one inch in diameter  that  is  closed  for  a
   12  distance of not less than one-half inch from the front-end of its barrel
   13  with  the  same  material  of which the imitation weapon is made] WHITE,
   14  BRIGHT RED, BRIGHT ORANGE, BRIGHT YELLOW,  BRIGHT  GREEN,  BRIGHT  BLUE,
   15  BRIGHT PINK, OR BRIGHT PURPLE, EITHER SINGLY OR AS THE PREDOMINANT COLOR
   16  IN  COMBINATION  WITH  OTHER  COLORS IN ANY PATTERN; (B) HAS PERMANENTLY
   17  AFFIXED TO THE MUZZLE, A BLAZE ORANGE PLUG INSERTED  IN  THE  BARREL  OF
   18  SUCH  IMITATION  FIREARM.  SUCH  PLUG SHALL BE RECESSED NO MORE THAN SIX
   19  MILLIMETERS FROM THE MUZZLE END OF THE BARREL OF SUCH  FIREARM;  (C)  IS
   20  CONSTRUCTED  ENTIRELY  OF  TRANSPARENT  OR  TRANSLUCENT  MATERIALS WHICH
   21  PERMITS UNMISTAKABLE OBSERVATION OF THE DEVICE'S COMPLETE  CONTENTS;  OR
   22  (D)  HAS  A  BLAZE  ORANGE  MARKING  PERMANENTLY AFFIXED TO THE EXTERIOR
   23  SURFACE OF THE BARREL, COVERING THE CIRCUMFERENCE OF THE BARREL FROM THE
   24  MUZZLE END FOR DEPTH OF AT LEAST SIX MILLIMETERS.    "Imitation  weapon"
   25  does  not  include any TRADITIONAL B-B, PAINT BALL, OR PELLET-FIRING AIR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02084-01-3
       A. 6744                             2
    1  GUN THAT EXPELS A PROJECTILE THROUGH THE FORCE OF AIR  PRESSURE  OR  ANY
    2  nonfiring  replica  of  an  antique  firearm,  the original of which was
    3  designed, manufactured and produced prior to  eighteen  hundred  ninety-
    4  eight.
    5    S  2. Section 873 of the general business law, as added by chapter 475
    6  of the laws of 1988, is amended to read as follows:
    7    S 873. Enforcement. 1. Whenever the  attorney  general  shall  believe
    8  from  evidence  satisfactory to him OR HER that any person, firm, corpo-
    9  ration or association or agent or  employee  thereof  has  violated  any
   10  provision  of  this  article,  he  OR SHE may bring an action or special
   11  proceeding in the supreme court for a judgment enjoining the continuance
   12  of such violation and for a civil penalty of not more than one  thousand
   13  dollars  for  each  violation. If it shall appear to the satisfaction of
   14  the court or justice that the defendant has violated  any  provision  of
   15  this  article,  no  proof  shall  be  required  that any person has been
   16  injured thereby  nor  that  the  defendant  knowingly  or  intentionally
   17  violated such provision. In such action preliminary relief may be grant-
   18  ed  under  article  sixty-three  of the civil practice law and rules. In
   19  connection with any such proposed application, the attorney  general  is
   20  authorized  to  take  proof, issue subpoenas and administer oaths in the
   21  manner provided in the civil practice law and rules.
   22    2. IN ADDITION TO ANY ACTION GRANTED TO THE ATTORNEY GENERAL  PURSUANT
   23  TO  THIS  ARTICLE,  ANY  PERSON  WHO  HAS  BEEN INJURED BY REASON OF ANY
   24  VIOLATION OF THIS ARTICLE; OTHER THAN A PERSON INJURED WHILE  COMMITTING
   25  OR  ENGAGING  IN AN UNLAWFUL ACTIVITY; MAY BRING AN ACTION IN HIS OR HER
   26  OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION  TO  RECOVER
   27  HIS  OR  HER  ACTUAL  DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEVER IS
   28  GREATER, OR BOTH SUCH ACTIONS. THE COURT MAY, IN ITS  DISCRETION,  AWARD
   29  THE  PREVAILING  PLAINTIFF  IN  SUCH ACTION A PENALTY UP TO ONE THOUSAND
   30  DOLLARS, IF THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  AND  KNOWINGLY
   31  VIOLATED  THE PROVISIONS OF THIS SECTION. THE COURT MAY AWARD REASONABLE
   32  ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   33    S 3. This act shall take effect on the ninetieth day  after  it  shall
   34  have become a law.