Airsoft in New York - What "safety" markings are legally required?

[Phazer]

Several years ago, I purchased some airsoft gear to use for dryfire practice. Now, my kids (over 16) want to do some airsoft practicing in our backyard. I assembled some targets and we did some practice shooting with biodegradable BBs.

I've read that since I purchased my original pistol, laws in New York have changed. I've done some internet searches and I've tried to find any New York laws that pertain to required markings on airsoft "imitation firearms."

Under General Business Law, I've found:

2017 New York Laws :: GBS - General Business :: Article 39-B - Imitation Weapons :: 871 - Definitions.

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

Article 39-B. Imitation Weapons
871. Definitions
2. "Imitation weapon" 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 "B-B" gun; unless such imitation weapon (a) is colored other than
black, blue, silver or aluminum, (b) is marked with a non-removable
orange stripe which is at least one inch in width and runs the entire
length of the barrel on each side and the front end of the barrel, and
(c) has a barrel at least one inch in diameter that is closed for a
distance of not less than one-half inch from the front-end of its barrel
with the same material of which the imitation weapon is made. "Imitation
weapon" does not include any nonfiring replica of an antique firearm,
the original of which was designed, manufactured and produced prior to
eighteen hundred ninety-eight.

Provision (c) doesn't seem to make any sense for a functional airsoft gun since it would render the device inoperable and thus seems to refer to a non-functional facsimile.

Some sites have posted illustrations such as this:



However, I cannot find where such extensive markings are mandated.

Does anyone have any experience or references that refer to proper markings for airsoft replica firearms in New York State (I don't give a damn about NYC)?

I don't want to get jammed up with the law if some overzealous neighbor calls law enforcement because I'm "firing guns" in my backyard.

 

[Edwardteach72]

I believe (ianal) ny just requires the orange on the end of the barrel

 

[Phazer]

I just found a proposed NY Senate Bill 35: https://legislation.nysenate.gov/pdf/bills/2019/S35

It has not yet been adopted, but it states:

2. "Imitation weapon" means any device or object made of plastic,
5 wood, metal or any other material which substantially duplicates or can
6 reasonably be perceived to be an actual firearm, air rifle, pellet gun,
7 or "B-B" gun; unless such imitation weapon:
8 (a) is colored [other than black, blue, silver or aluminum,] white,
9 bright red, bright orange, bright yellow, bright green, bright blue,
10 bright pink or bright purple on the entire exterior surface or as the
11 predominant color in combination with other colors in any pattern; or
12 (b) [is marked with a non-removable orange stripe which is at least
13 one inch in width and runs the entire length of the barrel on each side
14 and the front end of the barrel,] is constructed entirely of transparent
15 or translucent materials which permits unmistakable observation of the
16 imitation or toy firearm's complete contents; [and]
17 (c) has a barrel [at least one inch in diameter] that is closed for a
18 distance of not less than one-half inch from the front-end of its barrel
19 with the same material of which the imitation weapon is made, unless it
20 is a water gun;

As with the current legislation, don't these statutes make airsoft replicas illegal because they have open barrels that are note "closed for a distance of not less than one-half inch from the front-end"?

As usual, New York has this law-abiding citizen totally confused.

 

[BDinPutnam]

Somebody didn't bother to clean up the outline. That is confusing AF in more ways than one.

 

[libertysnake]

So, according to the state (not local city) laws of NY:

Article 39-B. Imitation Weapons
871. Definitions
1. "Firearm" as used in this section shall have the same meaning as that term is defined by subdivision three of section 265.00 of the penal law and shall include machine guns, rifles and shotguns as those terms are defined by subdivi-sions one, eleven and twelve, respectively, of section 265.00 of the penal law.
2. "Imitation weapon" 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 "B-B" gun; unless such imitation weapon
(a) is colored other than black, blue, silver or aluminum,
(b) is marked with a non-removable orange stripe which is at least one inch in width and runs the entire length of the barrel on each side and the front end of the barrel, and
(c) has a barrel at least one inch in diameter that is closed for a distance of not less than one-half inch from the front-end of its barrel with the same material of which the imitation weapon is made. "Imitation weapon" does not include any nonfiring replica of an antique fire-arm, the original of which was designed, manu-factured and produced prior to eighteen hundred ninety-eight.
872. Prohibitions
No person, firm, corpora-tion or agent or employee thereof shall import, manufacture, sell, hold for sale or distribute with-in the state any imitation weapon unless such device is imported, manufactured, sold, held for sale and distributed:
1. solely for subsequent transportation in in-terstate commerce; or
2. solely for lawful use in a theatrical produc-tion, including a motion picture, television or stage production.

It seems as though this is centered around business law. It says nothing afaik about possession outside of local city ordinances -- which go above and beyond what the state says. So if you want to sell it, you need to paint it orange in a bunch of places to make it transferable. At least, that's how I read it.

It's still a good idea to keep at least an orange tip on the airsoft gun, though.

 

[Phazer]

It's still a good idea to keep at least an orange tip on the airsoft gun, though.

Absolutely.

I think that at a minimum, I'm going to paint the barrels bright orange so that I've got more than "one inch" of color.

 

[libertysnake]

Absolutely.

I think that at a minimum, I'm going to paint the barrels bright orange so that I've got more than "one inch" of color.

I have an airsoft AK that I painted the barrel nut orange on for good measure, since I think I got them a long time ago when I was a kid. Tokyo Mauri AK-47. Originally it came with some plastic garbage generic tip, but since I prefer the barrel nut I just went with that instead and had to paint it blaze orange.

The nut is actually pretty useful because it uses the same threads as a real AK, afaik, so it's a good way to prove my real AKs have no threads / barrels were never threaded to accommodate anything.

 

[Celt]

Ive been doing a good bit of airsoft practice with my ar and glock replica in my basement. Been wanting to go outside as well but i havent yet. Ive imagined some Karen driving by and calling the cops on me for it.

 

[1075tech]

Since an airsoft actually fires a projectile, I don't know that it would qualify as an "imitation weapon". I think it would still fall under the same regulations, whatever they may be, as a BB, pellet, paintball, etc. gun.

I personally would still want some type of marking to identify it as not a real, will kill you, gun.

 

[Phazer]

Ive been doing a good bit of airsoft practice with my ar and glock replica in my basement. Been wanting to go outside as well but i havent yet. Ive imagined some Karen driving by and calling the cops on me for it.

This is my greatest fear.

I live behind enemy lines. My neighbors are all Leftist nuts.

 

[Phazer]

Since an airsoft actually fires a projectile, I don't know that it would qualify as an "imitation weapon". I think it would still fall under the same regulations, whatever they may be, as a BB, pellet, paintball, etc. gun.

I personally would still want some type of marking to identify it as not a real, will kill you, gun.

You may be absolutely correct.

I'm not sure how those items need to be marked, either.

 

[Phazer]

Just to be contrary: If I Cerakote my real pistols bright orange, are they now less dangerous?

 

[Edwardteach72]

Just to be contrary: If I Cerakote my real pistols bright orange, are they now less dangerous?

And this was done by Blown Deadline, but they got a cease and desist from Nintendo

 

[libertysnake]

View attachment 88707

And this was done by Blown Deadline, but they got a cease and desist from Nintendo

View attachment 88708

That Nintendo gun looks sick AF. Not sure how effective it would be for a bird hunt though.

 

[Celt]

This is my greatest fear.

I live behind enemy lines. My neighbors are all Leftist nuts.

Most of my neighbors are conservatives, but you never know if some looney drives by.

 

[Chevusa]

Not sure, but make sure you also look up local laws. Many places ban the discharge of a firearm within town/village/city limits. An air or spring gun is considered a firearm in these laws.

 

[Celt]

Not sure, but make sure you also look up local laws. Many places ban the discharge of a firearm within town/village/city limits. An air or spring gun is considered a firearm in these laws.

just found this in DEC law.

Air gun - a firearm that uses spring or compressed air (not gunpowder) to propel a single projectile that is .17 caliber or larger and produces a muzzle velocity of at least 600 feet per second. Smooth or rifled bore air guns are allowed.

Hunting Regulations

www.dec.ny.gov

considering most airsoft guns are shooting around 300fps they wouldn't qualify.

 

[Chevusa]

just found this in DEC law.

Air gun - a firearm that uses spring or compressed air (not gunpowder) to propel a single projectile that is .17 caliber or larger and produces a muzzle velocity of at least 600 feet per second. Smooth or rifled bore air guns are allowed.

Hunting Regulations

www.dec.ny.gov

considering most airsoft guns are shooting around 300fps they wouldn't qualify.

I'm not talking about DEC. Most towns/villages/cities say no guns may be discharged. All are included. Even paintball. Check local (non DEC) laws.

 

[Chevusa]

@Celt
Just to give you an example:

SECTION 22-1. DISCHARGE OF FIREARMS PROHIBITED
The discharge by any person of a shotgun, rifle, pistol, revolver, air gun, spring gun, gas gun, long bows, cross bows or other dangerous device, weapon or firearms within the corporate limits of the Village, otherwise than in self-defense or in the discharge of official duty, is hereby prohibited, and the Village area is hereby determined to be a public place within the meaning of Section 265.35 of the Penal Law.

It's a class A misdemeanor.

 

[Celt]

@Celt
Just to give you an example:

SECTION 22-1. DISCHARGE OF FIREARMS PROHIBITED
The discharge by any person of a shotgun, rifle, pistol, revolver, air gun, spring gun, gas gun, long bows, cross bows or other dangerous device, weapon or firearms within the corporate limits of the Village, otherwise than in self-defense or in the discharge of official duty, is hereby prohibited, and the Village area is hereby determined to be a public place within the meaning of Section 265.35 of the Penal Law.

It's a class A misdemeanor.

Thats insane, but...... what village is that?

 

[Chevusa]

Thats insane, but...... what village is that?

That’s most villages and cities in NY. Check your laws.

 

[Edwardteach72]

Thats insane, but...... what village is that?

$1 he won't ever tell you where he found that law

 

[Edwardteach72]

Chev "here is my example and proof"

Anyone "wow thats crazy can you provide the source/cite I'm really interested in that"

Chev "lots of places are like that, look it up"

 

[Celt]

That’s most villages and cities in NY. Check your laws.

Its rather hard to find local laws like that, or anyone that actually knows the law in a position of authority. All I can find regarding New York state is laws pertaining to New York City of course, and outside of New York City only Yonkers..

 

[OnSight Firearms Training]

I just picked up two of these:

KWA QRF Mod 1 AEG Variable - KWA Airsoft

AUTOMATIC ELECTRIC GUN | 6MM KWA AEG Variable Adjustable FPS system & Drop-in ready Gearbox The QRF MOD.1 is the rifle every airsoft fan has been waiting for. The inspiration behind the Mod. 1 came from a hybrid of an SMG and a Pistol Caliber Carbine and was created by some world’s leading...

store.kwausa.com

and I have about 7 of the official Glock 19s and official Glock 17s.

Great training tools, and great for force on force.

 

[Chevusa]

Its rather hard to find local laws like that, or anyone that actually knows the law in a position of authority. All I can find regarding New York state is laws pertaining to New York City of course, and outside of New York City only Yonkers..

Search for local codes or ordnances. Ecode360 or something like that is a good site.

 

[Celt]

Here is another link I just found.

Airsoft Laws In New York City and New York State. Learn to stay out of Trouble with the Law with your Airsoft Gun in New York City. | Airsoftaculous Airsoft Gun Laws in USA.

Airsoft Laws In New York law prohibits any person under the age of sixteen from possessing or using an Airsoft Gun. View the restrictions on the use of airsoft guns within public places and carrying them to schools. Avoid Trouble with the law both in New York city and in the wider state of New york.

airsoftaculous.com

I just picked up two of these:

KWA QRF Mod 1 AEG Variable - KWA Airsoft

AUTOMATIC ELECTRIC GUN | 6MM KWA AEG Variable Adjustable FPS system & Drop-in ready Gearbox The QRF MOD.1 is the rifle every airsoft fan has been waiting for. The inspiration behind the Mod. 1 came from a hybrid of an SMG and a Pistol Caliber Carbine and was created by some world’s leading...

store.kwausa.com

and I have about 7 of the official Glock 19s and official Glock 17s.

Great training tools, and great for force on force.

I have a ksc glock 19 replica that I have been using quite a bit lately, and a Krytac trident spr. I think they are great training tools since they function like their real steel counterparts. Great for muscle memory, transitions, first rounds on target from the draw, etc...

Scopeandlaser

www.scopeandlaser.com

KRYTAC Trident MK-II SPR - high performace Airsoft AEG Rifle

The Trident MK-II SPR is a high-performance airsoft AEG developed by Krytac. Trident MK2 SPR is designed to be the ideal scout rifle to take into the field.

krytac.com

 

[Acer-m14]

@Phazer

I got 2 licensed replica from Amazon .. Umarex bb guns .. no orange tip air soft BS ..

Umarex Glock 19 and a Umarex Beretta Fully Licensed 92A1 CO2 Full Metal Semi/Full Auto Blowback

they are like the real deal ..

AirSoft is good if you want to shoot each other .,. like back in the day we with did with bb guns ..

i bought them last year ... the Beretta was last August ..

i don't think amazon and others look at business laws LOL ..

 

[Phazer]

Its rather hard to find local laws like that, or anyone that actually knows the law in a position of authority. All I can find regarding New York state is laws pertaining to New York City of course, and outside of New York City only Yonkers..

Agreed. My internet research has been unrevealing.

I've requested input from an attorney that specializes in 2A issues. I know I'll have to pay for the information, but it'll be worth it.

 

[Phazer]

I got 2 licensed replica from Amazon .. Umarex bb guns .. no orange tip air soft BS ..

I ordered a gbb 1911 replica

KWA Full Metal M1911 NS2 PTP w/ Railed Frame Airsoft Gas Blowback - MKIV (Color: Black)

Shop The KWA M1911 MK series was developed from the successful M1911 series, giving the older M1911 a modern update. The M1911 MK PTP allows operators to train with a 1911 style pistol while providing a tactical advantage over the older 1911 design. All MK series feature front and rear...

www.evike.com

Amazon won't ship most airsoft guns to my address. I just see "Unable to ship items to this address. Please select another address."

I have no idea what local statutes Amazon is operating under to block shipping such items.