Establishes the crimes of criminal sale of a flare gun in the first and second degrees; sets restrictions on and requirements for the sale of flare guns.
Impact
If enacted, S08455 would significantly affect state laws related to the sale and regulation of flare guns. The bill stipulates that sellers must verify the age of buyers via valid government-issued identification before completing any sale or transfer. Such provisions would necessitate changes to how businesses and distributors operate regarding flare gun sales, fostering a more responsible sales environment. Additionally, violators of these regulations would face penalties and fines, which introduces a legal framework for enforcement and compliance.
Summary
Bill S08455 seeks to amend New York's penal law and general business law to establish specific restrictions on the sale and distribution of flare guns. Under this bill, it would be illegal for any person or entity to sell, offer for sale, or give a flare gun to someone under the age of twenty-one. The legislation aims to enhance public safety by preventing access to these signaling devices by younger individuals, who may not fully understand their potential dangers. This age restriction aligns with regulations concerning other potentially hazardous items and reflects growing concerns over safety related to outdoor activities and emergencies.
Contention
Notable points of contention surrounding S08455 may arise from concerns about the limitations it places on lawful sales. Critics of the bill may argue that responsible adults should be able to purchase flare guns without heavy restrictions. Industry stakeholders might express worries about the potential impact on sales and distribution channels, especially for those businesses that operate in outdoor, maritime, or emergency sectors where flare guns are vital. Furthermore, there might be debates regarding the effectiveness of age restrictions in enhancing public safety compared to education and responsible usage campaigns.
Same As
Establishes the crimes of criminal sale of a flare gun in the first and second degrees; sets restrictions on and requirements for the sale of flare guns.
Establishes the crimes of unlawful purchase of body armor in the first and second degree; establishes the crimes of unlawful sale of body armor in the first and second degree.
Increases penalties for the crimes of criminal diversion of prescription medications and prescriptions in the first, second, third and fourth degrees and criminal sale of a prescription.
Establishes the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree; makes such crimes hate crimes.
Establishes the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree; makes such crimes hate crimes.
Enacts the "children's weapon accident prevention act"; creates crimes of failure to store a weapon safely in the first and second degrees, aggravated failure to store a weapon safely, and criminally negligent storage of a weapon in the first and second degrees; provides affirmative defenses; directs the commissioner of education to develop a weapons safety program.