S 9215 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S09215 Summary: BILL NO S09215A &nbsp SAME AS SAME AS A10701-A

&nbsp SPONSOR MAY &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd §§871, 399-r, 898-a & 898-b, Gen Bus L &nbsp Relates to certain types of imitation guns, including air rifles, pellet guns, and "B-B" guns.

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STATE OF NEW YORK ________________________________________________________________________

9215--A

IN SENATE

February 17, 2026 ___________

Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to certain types of imitation guns

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. The opening paragraph and paragraph (b) of subdivision 2 of 2 section 871 of the general business law, as amended by chapter 73 of the 3 laws of 2023, are amended to read as follows: 4 "Imitation weapon" means any device or object , including an air rifle, 5 pellet gun, or "B-B" gun, made of plastic, wood, metal or any other 6 material which substantially duplicates or can reasonably be perceived 7 to be an actual firearm[ , air rifle, pellet gun, or "B-B" gun ]; unless 8 such imitation weapon: 9 (b) has a barrel that is closed for a distance of not less than one- 10 half inch from the front-end of its barrel with the same material of 11 which the imitation weapon is made, unless it is a water gun , air gun, 12 air rifle, pellet gun, or "B-B" gun ; and 13 § 2. Section 399-r of the general business law, as added by chapter 14 120 of the laws of 1989, is amended to read as follows: 15 § 399-r. Sale of paint pellet guns or other types of air guns .(a) No 16 person, firm, or corporation shall sell or offer to sell a paint pellet 17 gun or other types of air guns to any person under [ sixteen ] eighteen 18 years of age. 19 (b) For purposes of this subdivision, the term "paint pellet gun" 20 means a gun, air gun, pistol, rifle, or like device in appearance or 21 function, capable of and designed for discharging and propelling through 22 the air to a target a small quantity of paint enclosed within a pellet 23 or pellet-like device or capsule or capsule-like device that breaks upon 24 impact with the target, overspreading the target with paint.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01482-05-6

S. 9215--A 2

1 (c) For the purposes of this subdivision, the term "other type of air 2 gun" means any implement that expels a missile or projectile by the 3 force of a spring, air, or other non-ignited compressed gas. 4 (d) Any person, firm, or corporation who violates the provisions of 5 this section shall be subject to a civil penalty of not more than [ five 6 hundred ] one thousand dollars for each violation . 7 § 3. Subdivisions 2 and 4 of section 898-a of the general business 8 law, subdivision 2 as amended by chapter 429 of the laws of 2024, and 9 subdivision 4 as added by chapter 237 of the laws of 2021, are amended 10 and a new subdivision 7 is added to read as follows: 11 2. "Reasonable controls and procedures" shall mean policies that 12 include, but are not limited to: (a) instituting screening, security, 13 inventory and other business practices to prevent thefts of qualified 14 products as well as sales of qualified products to straw purchasers, 15 traffickers, persons prohibited from possessing firearms under state or 16 federal law, or persons at risk of injuring themselves or others; (b) 17 preventing deceptive acts and practices and false advertising and other- 18 wise ensuring compliance with all provisions of article twenty-two-A of 19 this chapter; [ and ] (c) taking reasonable steps to prevent the installa- 20 tion and use of a pistol converter, as defined in section 265.00 of the 21 penal law, on qualified products ; and (d) taking reasonable steps to 22 prevent the replication of a qualified product in the manufacturing of 23 an imitation weapon, as defined in subdivision two of section eight 24 hundred seventy-one of this chapter . 25 4. "Gun industry member" shall mean a person, firm, corporation, 26 company, partnership, society, joint stock company or any other entity 27 or association engaged in the sale, manufacturing, distribution, import- 28 ing or marketing of firearms, ammunition, ammunition magazines, [ and ] 29 firearms accessories , and imitation weapons . 30 7. "Imitation weapon" shall have the same meaning as set forth in 31 subdivision two of section eight hundred seventy-one of this chapter. 32 § 4. Section 898-b of the general business law, as added by chapter 33 237 of the laws of 2021, is amended to read as follows: 34 § 898-b. Prohibited activities. 1. No gun industry member, by conduct 35 either unlawful in itself or unreasonable under all the circumstances 36 shall knowingly or recklessly create, maintain or contribute to a condi- 37 tion in New York state that endangers the safety or health of the public 38 through the sale, manufacturing, importing or marketing of a qualified 39 product or imitation weapon . 40 2. All gun industry members who manufacture, market, import or offer 41 for wholesale or retail sale any qualified product or imitation weapon 42 in New York state shall establish and utilize reasonable controls and 43 procedures to prevent its qualified products or imitation weapons from 44 being possessed, used, marketed or sold unlawfully in New York state. 45 § 5. Nothing in this act shall be construed to prohibit the possession 46 or use of air rifles, pellet guns, or "B-B" guns lawfully acquired prior 47 to the effective date of this act. 48 § 6. Severability clause. If any clause, sentence, paragraph, subdivi- 49 sion, section or part of this act shall be adjudged by any court of 50 competent jurisdiction to be invalid, such judgment shall not affect, 51 impair, or invalidate the remainder thereof, but shall be confined in 52 its operation to the clause, sentence, paragraph, subdivision, section 53 or part thereof directly involved in the controversy in which such judg- 54 ment shall have been rendered. It is hereby declared to be the intent of 55 the legislature that this act would have been enacted even if such 56 invalid provisions had not been included herein.

S. 9215--A 3

1 § 7. This act shall take effect immediately; provided, however, 2 sections one, three, four and five of this act shall take effect on the 3 sixtieth day after such effective date.

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