§ 871 — Definitions

New York § 871

• Jurisdiction: New York
• Law GBS: General Business
• Art. 39-B: Imitation Weapons

Text

§ 871. Definitions. 1. "Firearm" as used in this section shall have\nthe same meaning as that term is defined by subdivision three of section\n265.00 of the penal law and shall include machine guns, rifles and\nshotguns as those terms are defined by subdivisions one, eleven and\ntwelve, respectively, of section 265.00 of the penal law.\n 2. "Imitation weapon" means any device or object made of plastic,\nwood, metal or any other material which substantially duplicates or can\nreasonably be perceived to be an actual firearm, air rifle, pellet gun,\nor "B-B" gun; unless such imitation weapon:\n (a) either (i) is colored white, bright red, bright orange, bright\nyellow, bright green, bright blue, bright pink or bright purple on the\nentire exterior surface or as the predominant color in combination with\nother colors in any pattern; or\n (ii) is constructed entirely of transparent or translucent materials\nwhich permits unmistakable observation of the imitation or toy firearm's\ncomplete contents; and\n (b) has a barrel that is closed for a distance of not less than\none-half inch from the front-end of its barrel with the same material of\nwhich the imitation weapon is made, unless it is a water gun; and\n (c) has legibly stamped thereon, the name of the manufacturer or some\ntrade name, mark or brand by which the manufacturer can be readily\nidentified; and\n (d) does not have attached thereto a laser pointer, defined for the\npurpose of this section as any device that emits light amplified by the\nstimulated emission of radiation that is visible to the human eye.\n"Imitation weapon" does not include any nonfiring replica of an antique\nfirearm, the original of which was designed, manufactured and produced\nprior to eighteen hundred ninety-eight.\n