Rockland County, NY Chapter 388A Weapons, Imitation and Replica

[HISTORY: Adopted by the Rockland County Legislature 1-17-2006 by L.L. No. 2-2006. Amendments noted where applicable.]

§ 388A-1 Legislative intent.

A. The Rockland County community and the law enforcement personnel that protect it have become increasingly aware of the proliferation of replica, toy and imitation guns that resemble real guns. Replica, toy and imitation guns can and have been used to commit various crimes, including robbery and theft. In addition, persons possessing such replicas, toys and imitations have, on a number of occasions, been shot and wounded or killed by law enforcement personnel responding to what they reasonably believed to be real guns, only to determine too late that the guns were in fact replicas, toys or imitations.

B. This chapter should not be interpreted by any court to restrict or otherwise infringe upon the rights of legal possession or use of firearms.

§ 388A-2 Certain replica, toy and imitation guns restricted.

It shall be unlawful for any person to sell, offer to sell, possess, either concealed or unconcealed, use, attempt to use or give away any replica, toy or imitation gun which substantially duplicates or can reasonably be perceived to be an actual gun, including, but not limited to, toy guns that have been altered to look like actual guns, unless:

A. Appearance.

(1) The entire exterior surface of such replica, toy or imitation gun 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

(2) Such replica, toy or imitation gun is constructed entirely of transparent or translucent materials which permit unmistakable observation of the replica, imitation or toy gun's complete contents; and

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

C. Such replica, toy or imitation gun 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. Such replica, toy or imitation gun also lacks a laser pointer, defined as any device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.

§ 388A-3 Interpretation of terms.

For purposes of this chapter, the term "person" shall mean an individual or business in any form.

§ 388A-4 Presumption.

The presence in a vehicle, other than public transportation, of any replica, toy or imitation weapon is presumptive evidence of its possession by all persons occupying such vehicle at the time such replica, toy or imitation weapon is found, except under the following circumstances:

A. If such toy or imitation weapon is found upon the person of one of the occupants therein; or

B. If such replica, toy or imitation weapon is found in an automobile which is being operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his or her trade, or public omnibus, then such presumption shall not apply to the driver.

§ 388A-5 Exceptions.

Section § 388A-2 shall not apply to:

A. The possession or display of replica, toy or imitation guns by a manufacturer or dealer solely for purposes of sales that are accompanied by delivery to a point outside the borders of the County of Rockland.

B. Any replica, toy or imitation gun 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 replica, toy or imitation gun complies with all applicable laws, rules or regulations concerning request and receipt of waivers authorizing such use.

C. Nonfiring collector replica antique guns, which look authentic and may be a scale model but are not intended as toys modeled on real guns designed, manufactured and produced prior to 1898, as mandated by federal law.

D. Decorative, ornamental, and miniature objects having the appearance, shape and/or configuration of a gun, 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 38 millimeters in height by 70 millimeters in length, the length measurement excluding any gun stock length measurement.

E. Any replica, toy or imitation gun in a private premises not open to the general public.

F. Any person or replica, toy or imitation gun otherwise licensed, authorized or specifically permitted by law.

G. Any replica, toy or imitation gun permanently mounted for display purposes.

§ 388A-6 Enforcement.

A. Any agency lawfully entitled to do so under the laws of the United States of America, the State of New York, the County of Rockland, or any of its political subdivisions, shall have the authority to enforce the provisions of this chapter. The County Executive of Rockland or his/her designee may, in his/her discretion, specify which departments of County government have jurisdiction to enforce this chapter.

B. Any such agency may, in addition to any other enforcement, confiscate and impound the offending weapon pending adjudication of the charges.

C. A proceeding to recover any civil penalty pursuant to this section shall be commenced by service of a notice of hearing that shall be returnable to the appropriate civil administrative tribunal. The administrative tribunal shall have the power to order destroyed the offending weapon confiscated or impounded under this chapter.

§ 388A-7 Penalties for offenses.

The tribunal may impose civil penalties for a noncriminal violation of this chapter in the following amounts:

A. Per offense as follows:

(1) For a first offense: not less than $250 nor more than $750.

(2) For a second offense: not less than $500 nor more than $1,000.

(3) For each subsequent offense: not less than $750 nor more than $1,500.

B. Where a person is found to have violated this chapter, and where such finding indicates that the violation was for more than one toy or imitation weapon, the fines in Subsection A above shall be multiplied by the number of toy or imitation weapons found to have violated this chapter, up to a maximum factor of 10, but no less than three.

C. The Rockland County Attorney shall develop a system for monitoring repeat violators of this chapter so that applicable penalties will apply to them.

§ 388A-8 Disposition of fines.

Any funds collected pursuant to this chapter shall be retained in and for the exclusive use of the Rockland County District Attorney's office for the programs associated with illegal firearm trafficking investigation and prosecution. The Rockland County Commissioner of Finance is hereby directed to effectuate the intent of this section.

§ 388A-9 Conflict with other laws.

Nothing in this chapter shall be deemed to supersede, alter, affect or conflict with any state or federal laws or rules, and shall be so interpreted by the courts.