BY JEFF CHUDZINSKINorth Country This Week

State lawmakers have proposed legislation that targets air rifles, pellet guns and BB guns, though it remains to be seen if the proposal will move out of committee at this time. 

Assembly bill A10701 and its corresponding Senate bill S9215 would ultimately change the definition of "imitation weapon" under state law, specifically NY Gen. Bus. Law §§ 870 to 873. 

The changes proposed legislation would include adding language that would roll air rifles, pellet guns and BB guns to the amended law. 

The proposed legislation would also redefine what constituted a "gun industry member" to include makers of the so-called imitation weapons, opening up such manufacturers to the state's extensive nuisance laws that have opened up firearm manufacturers, wholesalers, distributors and retailers to civil lawsuits. 

The term "imitation weapon" currently 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 BB gun."

Imitation firearms must also meet five requirements to be legally sold in the state, including being “constructed entirely of transparent or translucent materials;" be colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink or bright purple on the entire exterior or as the primary color, with the exception of water guns. 

Barrels must also be closed for a distance no less than a half-inch from the front end of the barrel and must be made with the same material of which the item is made. 

They must also be legibly stamped with the manufacturer's name or identifiable mark and cannot have an attached laser pointer, according to state regulations. 

If air rifles, pellet guns and BB guns were to be reclassified as such, those firearms would be required to meet all five requirements, including a closed or plugged barrel, registering them inert. 

Critics of the legislation say the change in classification would mean the only models that could be legally bought and sold in the state would no longer be able to fire a projectile. 

An amendment was proposed to work around that portion of the legislation, which would revise existing laws on the sale of paint pellet guns so they would be included in the classification of air guns. If passed, that would likely mean the minimum age to purchase one would rise from 16 to 18 years old, with language in the bill also stating the penalty for violation would double. 

State lawmakers supporting the measure say they want manufacturers of imitation firearms held accountable just like manufacturers of functional firearms, noting they want them to “establish and utilize reasonable controls and procedures to prevent… imitation weapons from being possessed, used, marketed or sold unlawfully in New York state.”

They say they hope the bill will ensure there is no confusion between real firearms and imitation firearms as they aim to strengthen controls on the air gun market as well. 

Currently, state laws already preclude anyone under the age of 16 from "possessing any air gun, spring-powered gun or other instrument or weapon in which the propelling force is a spring or air."