STATE OF NEW YORK
2021-2022 Regular Sessions
January 6, 2021
Introduced by Sens. HOYLMAN, KAPLAN -- read twice and ordered printed,
and when printed to be committed to the Committee on Consumer
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 added by chapter 475 of the laws of 1988, is amended to read as
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:
8 (a) is colored [other than black, blue, silver or aluminum,] white,
9 bright red, bright orange, bright yellow, bright green, bright blue,
10 bright pink or bright purple on the entire exterior surface or as the
11 predominant color in combination with other colors in any pattern; or
12 (b) [is marked with a non-removable orange stripe which is at least
13 one inch in width and runs the entire length of the barrel on each side
14 and the front end of the barrel,] is constructed entirely of transparent
15 or translucent materials which permits unmistakable observation of the
16 imitation or toy firearm's complete contents; [and]
17 (c) has a barrel [at least one inch in diameter] that is closed for a
18 distance of not less than one-half inch from the front-end of its barrel
19 with the same material of which the imitation weapon is made, unless it
20 is a water gun;
21 (d) has legibly stamped thereon, the name of the manufacturer or some
22 trade name, mark or brand by which the manufacturer can be readily iden-
23 tified; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 687 2
1 (e) does not have attached thereto a laser pointer, defined for the
2 purpose of this section as any device that emits light amplified by the
3 stimulated emission of radiation that is visible to the human eye.
4 "Imitation weapon" does not include any nonfiring replica of an antique
5 firearm, the original of which was designed, manufactured and produced
6 prior to eighteen hundred ninety-eight.
7 § 2. This act shall take effect on the ninetieth day after it shall
8 have become a law.