[HISTORY: Adopted by the Rockland County Legislature as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-17-2006 by L.L. No. 2-2006]
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.
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.
For purposes of this chapter, the term "person" shall mean an individual or business in any form.
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.
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.
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.
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.
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.
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.
[Adopted 8-6-2024 by L.L. No. 9-2024]
A. 
No one can argue that in recent years the United States has seen proliferation of guns. In 2018, a Swiss-based leading research project found that for everyone 100 residents in the US, there were 120.5 firearms, up from 88 firearms only seven years prior. The same project estimated that there were 390 million guns in circulation in 2018. A study by the Annals of Internal Medicine found that seven and a half million adults in the United States, roughly 3% of the population, became first new gun owners between January 2019 and April 2021, exposing eleven million people to firearms in their homes, including five million children.
B. 
Using data also from the Annals of Internal Medicine, researchers at the University of California at San Francisco found that when firearms were accessible, men were nearly four times more likely to commit suicide than when firearms were not accessible, and women were almost three times more likely to be victims of homicide. In 2020 the Center for Disease Control released data showing that 24,292 suicides occurred through the use of guns, equating to approximately 54% of all gun related deaths, and that nearly two in ten firearm related injuries were unintentional.
C. 
The New York State legislature has passed legislation modeled on that enacted in the County of Westchester and introduced and passed by the Albany County legislature intended to promote the health, safety, and welfare of the general public by specifically informing buyers and potential buyers of weapons or firearms of the dangers of owning a weapon or firearm and providing those who may need it the 988 number to easily speak with someone at the National Suicide Prevention Lifeline. However, it is unclear when/if the legislation will be signed by the Governor, and the Rockland County Legislature wishes to have this in force as soon as possible.
D. 
The purpose of this article to provide for and promote the health, safety and welfare of the general public by specifically informing potential buyers of weapons or firearms in Rockland County of the dangers of owning a firearm in the home. Ownership of a weapon or firearm in the home can lead to accidental discharge, preventable suicide, unintended death of a child or other household members or death during a domestic dispute. Requiring weapon and firearm dealers to post a warning notice delineating the risks of weapons or firearms use will provide important information to the customer who can then make smarter and safer buying choices.
As used in this article, the following terms shall have the meanings indicated:
COUNTY
The County of Rockland, New York.
DEALER
Any person, firm, partnership, corporation or company who engages in the business of purchasing. selling, keeping for sale, loaning, leasing, or in any manner disposing of including but not limited to: any rifle, shotgun, firearm, machine gun or assault weapon, including a semiautomatic rifle, shotgun, firearm, as those terms are defined in § 265.00 of the New York State Penal Law.
FIREARM
As stated in New York State Penal Law § 265.00 a) any pistol or revolver; or b) a shotgun having one or more barrels less than 18 inches in length; or c) a rifle having one or more barrels less than 16 inches in length; or d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than 26 inches; or e) an assault weapon. For the purpose of this definition the length of the barrel .on a shotgun or rifle shall be determined by measuring the distance between the muzzle and the face of the bolt, breech, or breech lock when closed and when the shotgun or rifle is cocked; the overall length of a weapon made from a shotgun or rifle is the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore. Firearm does not include an antique firearm.
PURCHASER
A person that takes by purchase. A purchase is any transfer, exchange or barter in any manner or by any means whatsoever for a consideration and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee of any dealer.
RETAIL BUSINESS
Any business facility that sells goods directly to the end consumer rather than selling them for further distribution or processing.
SITE
The facility where a sale and transfer of weapons or firearms is conducted.
WEAPON
Any rifle, shotgun, firearm, machine gun or assault weapon, including a semiautomatic rifle, shotgun, firearm, as those terms are defined in NYS Penal Law § 265.00.
A. 
It is prohibited for any dealer located in the County of Rockland and engaged in the retail business of selling weapons to sell, deliver, transfer or otherwise dispose of any weapon to another person unless at the time of said transaction a notice is posted at the site where such weapons or firearms are displayed or delivered to the purchaser at the entrance to the site and in at least one additional area where sales occur conspicuously stating, in no smaller than 24-point type and on paper at least 8 and 1/2 inches by 11 inches in bold print the following warning:
WARNING
ACCESS TO A WEAPON OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.
IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.
B. 
Upon the issuance of a license, the County Clerk shall provide the licensee a written copy of a warning notice conspicuously stating in no smaller than 24-point type and on paper at least 8 and 1/2 inches by 11 inches in bold print the following warning:
WARNING
ACCESS TO A WEAPON OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.
IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988
C. 
The County of Rockland and its agencies, officers or employees shall not be liable to any party by reason of any injury or damage resulting from the failure of any person subject to this article, to comply with this article, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this article.
A. 
For the first violation of this article, the person shall be guilty of a violation punishable by a fine of not more than $250 for each violation.
B. 
For the second violation of this article, the person shall be guilty of a violation punishable by a fine of not more than $500 for each violation.
C. 
For subsequent violations of this article, the person shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 for each violation.
D. 
Each day that a violation continues shall be deemed a separate offense.
This article may be enforced by the County of Rockland Director of Consumer Protection and Public Advocate and/or by the Rockland County Sheriff or any other law enforcement agency having jurisdiction to act in the county of Rockland. The Director and delegated staff of the Office of Consumer Protection and law enforcement officers are permitted to issue appearance tickets in the manner described in NYS Criminal Procedure Law Article 150 to any person violating the provisions of this article.