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I do not think there is any regulation in these. These are regularly used at school track and cross country meets as starting markers. I see it regularly and I am surprised they still allow them.
As for it being regulated there is nothing about it needed to be shipped to an FFL or not being allowed to be shipped directly to NYS or any other state. Also there is no way this could fire a projectile and the barrels on the ones I have seen are solid.
I think the starter pistol confusion is from the 70's when "starter pistols" were being imported from Italy that were really functional pistols with removable barrel plugs.
If you have a modern starter pistol and use it for its intended purpose it is lawful.