N.Y. Laws » CHAPTER General Business / ARTICLE Imitation Weapons
New York Consolidated Laws

N.Y. General Business Law § 870 (2026)

Legislative intent

✓ current as of May 2026
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§ 870. Legislative intent. The legislature finds and declares that
there exists an unreasonable risk of injury and death associated with
the sale of toy weapons which are replica of and cannot be easily
distinguished from actual weapons; that in recent years the sale and
possession of these imitation weapons has grown; that in nineteen
hundred eighty-seven, more than fourteen hundred toy imitation weapons
involved in criminal incidents were confiscated by the police in New
York city alone, nearly eighty percent more than four years earlier;
that when such imitation weapons are perceived as actual weapons fear
and dangerous defensive actions often result. The legislature further
finds and declares that the purpose of this article is to safeguard the
public from the unreasonable risk of death and injury that may result
when imitation weapons are perceived as real, by banning the
importation, manufacture, distribution and sale of such imitation
weapons.
Notes of Decisions
Cited in 2 cases, 1994–2003 · leading case: Citizens for a Safer Cmty. v. City of Rochester, 164 Misc. 2d 822 (N.Y. Sup. Ct. 1994).
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Citizens for a Safer Cmty. v. City of Rochester, 164 Misc. 2d 822 (N.Y. Sup. Ct. 1994). · cites it 2× “On the other hand, the court does find that 15 USC § 5001 (g) (i) and (ii) relating to air and spring guns and General Business Law § 870 et seq., establish an intent to fully regulate at the State and Federal level the manufacture, sale and possession of air guns, spring guns,…”
People v. Gift & Luggage Outlet, Inc., 194 Misc. 2d 582 (N.Y. Sup. Ct. 2003). · cites it 2× “First and foremost is that the Legislature has wisely concluded that the sale of toy weapons represents a serious threat to public health and safety and has expressed its intent in General Business Law § 870: “The legislature finds and declares that there exists an unreasonable…”
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