Int. No. 480-A

By Council Member Koslowitz (by request of the Manhattan Borough President) and the Speaker (Council Member Vallone) and Council Members Fisher, Carrion, Berman, Clarke, Dear, Eisland, Freed, Harrison, Henry, Leffler, Lopez, Marshall, McCaffrey, Michels, O'Donovan, Perkins, Pinkett, Povman, Provenzano, Robinson, Robles, Spigner, Watkins and the Public Advocate (Mr. Green); also Council Members Lasher and Fiala.

A Local Law to amend the administrative code of the City of New York in relation to toy or imitation firearms.

Be it enacted by the Council as follows:

                     Section 1. Subdivision g of section 10-131 of the administrative code of the city of New York is repealed and a new subdivision g is added to read as follows:

                     g. 1. It shall be unlawful for any person to sell or offer for sell, possess or use or attempt to use or give away, any toy or imitation firearm which substantially duplicates or can reasonably be perceived to be an actual firearm unless:

                     (a) the entire exterior surface of such toy or imitation firearm is colored 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; or

                     (b) such toy or imitation firearm is constructed entirely of transparent or translucent materials which permits unmistakable observation of the imitation or toy firearm's complete contents; and

                     (c ) the barrel of such toy or imitation firearm, other than the barrel of any such toy or imitation firearm that is a water gun, is closed with the same material of which the toy or imitation firearm is made for a distance of not less than one-half inch from the front end of said barrel, and;

                     (d) such toy or imitation firearm has legibly stamped thereon, the name of the manufacturer or some trade name, mark or brand by which the manufacturer can be readily identified; and

                     (e) such toy or imitation or firearm does not have attached thereto a laser pointer, as defined in paragraph one of subdivision a of section 10-134.2 of this code.

                     2. Paragraph one of this subdivision shall not apply to:

                     (a) the possession or display of toy or imitation firearms by a manufacturer or dealer solely for purposes of sales that are accompanied by delivery to a point without the city;

                     (b) any toy or imitation firearm that will be used only for or in the production of television programs or theatrical or motion picture presentations, provided, however, that such use of any toy or imitation firearm complies with all applicable laws, rules or regulations concerning request and receipt of waivers authorizing such use;

                     (c ) non-firing collector replica antique firearms, which look authentic and may be a scale model but are not intended as toys modeled on real firearms designed, manufactured and produced prior to 1898;

                     (d) decorative, ornamental, and miniature objects having the appearance, shape and/or configuration of a firearm, including those intended to be displayed on a desk or worn on items such as bracelets, necklaces and key chains, provided that the objects measure no more than thirty-eight (38) millimeters in height by seventy (70) millimeters in length, the length measurement excluding any gun stock length measurement.

                     3. Authorized agents and employees of the department of consumer affairs, and of any other agency designated by the mayor, shall have the authority to enforce the provisions of this subdivision. A proceeding to recover any civil penalty pursuant to this subdivision shall be commenced by service of a notice of hearing that shall be returnable to the administrative tribunal of the department of consumer affairs. The administrative tribunal of such department shall have the power to impose civil penalties for a violation of this subdivision of not more than one thousand dollars ($1000).

                     4. Any person who shall violate this subdivision shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1000) or imprisonment not exceeding one (1) year or both.

                     §2. This local law shall take effect 90 days after its enactment, provided, however, that the department of consumer affairs and the police department may take actions necessary prior to such effective date for the implementation of this local law, including, but not limited to, the adoption of any necessary rules.

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Note: Matter in italics is new; matter in brackets [ ] to be omitted.