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.
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.