N.Y. General Business Law § 871: Definitions

§ 871. Definitions. 1. "Firearm" as used in this section shall have

the same meaning as that term is defined by subdivision three of section

265.00 of the penal law and shall include machine guns, rifles and

shotguns as those terms are defined by subdivisions one, eleven and

twelve, respectively, of section 265.00 of the penal law.

2. "Imitation weapon" means any device or object made of plastic,

wood, metal or any other material which substantially duplicates or can

reasonably be perceived to be an actual firearm, air rifle, pellet gun,

or "B-B" gun; unless such imitation weapon:

(a) either (i) is colored white, bright red, bright orange, bright

yellow, bright green, bright blue, bright pink or bright purple on the

entire exterior surface or as the predominant color in combination with

other colors in any pattern; or

(ii) is constructed entirely of transparent or translucent materials

which permits unmistakable observation of the imitation or toy firearm's

complete contents; and

(b) has a barrel that is closed for a distance of not less than

one-half inch from the front-end of its barrel with the same material of

which the imitation weapon is made, unless it is a water gun; and

(c) 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

(d) does not have attached thereto a laser pointer, defined for the

purpose of this section as any device that emits light amplified by the

stimulated emission of radiation that is visible to the human eye.

"Imitation weapon" does not include any nonfiring replica of an antique

firearm, the original of which was designed, manufactured and produced

prior to eighteen hundred ninety-eight.