ATTORNEY GENERAL CUOMO ORDERS LONG ISLAND STORES TO IMMEDIATELY STOP SELLING ILLEGAL TOY GUNS THAT LOOK LIKE REAL DEADLY WEAPONS

Cuomo Sends Cease-and-Desist Letters to Over 500 Stores in New York State to Prevent “Tragedy Waiting to Happen”

Sixteen Long Island Retailers Receive Letters, as well as National Distributors with Locations Across Nassau and Suffolk Counties

MINEOLA, NY (July 31, 2009) – Attorney General Andrew M. Cuomo today announced his office sent cease-and-desist letters to over 500 stores demanding that they immediately stop selling toy guns that are easily confused with real weapons in New York State. New York State law prohibits the sale of imitation guns without proper markings that distinguish them as toys. Sixteen small retailers across Long Island, as well as national distributors with branches in Nassau and Suffolk counties, received the letters.

“Realistic toy guns are a tragedy waiting to happen,” said Attorney General Cuomo. “Every day, these imitation weapons put the lives of both law enforcement and civilians at risk. This is a public safety matter, plain and simple, and we will not permit these companies to profit by making our streets more dangerous.”

According to the letters sent by Attorney General Cuomo, the companies must immediately cease the sale of imitation or toy guns that do not have the requisite markings. The Attorney General also reserved the right to take additional legal action against the companies should they fail to comply with the order to cease-and-desist.

Letters were sent to manufacturers, distributors, and retail companies.
The following national retailers received cease-and-desist letters: Big Lots, Dollar General, Dollar Tree, and Gander Mountain. Collectively, these retailers have hundreds of stores throughout New York State and several across Long Island. Letters were also sent to local retailers who purchase illegal toy guns from Rhode Island Novelty Co. In Nassau and Suffolk counties, the following small retailers received letters:
1340 Trading Company (Massapequa, NY), Donny Weinraub (Ceaderhurst, NY), Five Towns Judicial (Lawrence, NY), J and J Amusement (Farmingdale, NY), Judaica Plus (Ceaderhurst, NY), Klingemeyer (Farmingville, NY), Mark Uzick (Oceanside, NY), Star Track (Farmingdale, NY), A Little Bit of Everything (Montauk, NY), Bailey’s (Lindenhurst, NY), Cathy Clayton (Mastic, NY), Home Party Gifts (East Northport, NY), Island Amusements (Smithtown, NY), James Stump (Centereach, NY), Krazy Kids (Medford, NY), and Tiki Action Park (Centereach, NY).

Federal law prohibits the sale of look-alike or imitation firearms unless they have a blaze orange plug in the barrel. New York State law takes the toy gun safety restrictions further. New York’s General Business Law prohibits the sale of any imitation gun made of plastic, wood, or metal, or any material that substantially duplicates or can reasonably be perceived as an actual firearm, unless the toy gun (i) is a color other than black, blue, silver, or aluminum; (ii) is marked with a non-removable orange stripe that 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 (iii) 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 toy gun is made. The Attorney General’s investigation was conducted throughout the state in dozens of locations, and toy guns that plainly violated these requirements were purchased from the vast majority of locations.

Congresswoman Carolyn McCarthy said, “Gun violence continues to be the number one threat to public safety in communities and neighborhoods across New York. The proliferation of illegal imitation guns exacerbates this threat and places not only our families but our brave law enforcement officials in harm’s way. I applaud Attorney General Cuomo’s efforts and commitment to protecting New Yorkers from the devastating, heartbreaking consequences of gun violence and I look forward to working with him to make sure that we eliminate these imitation guns so we can keep our communities safe.”

Nassau County District Attorney Kathleen M. Rice said, “The hardworking men and women in local law enforcement risk their lives daily to protect citizens and families across Nassau County. These imitation guns undermine their effectiveness, jeopardize their lives, and put the safety of our community at risk. Attorney General Cuomo’s efforts today are a much-needed wake-up call to distributors across Long Island: if you sell these illegal guns, you will pay the price.”

New York State Assemblywoman Michelle Schimel said, “The risks posed by these plastic toys are nothing to be taken lightly. Fake guns are a real threat, often used for real crimes, with real consequences that can tear apart families. Attorney General Cuomo has taken an essential first step in getting these toys off our shelves, out of the hands of our kids, and far away from the streets in our communities.”

Just this past week, two men in Saranac Lake were arrested for attempted armed robbery after allegedly using a fake gun to hold up and attack a man in a parking lot.

This investigation is being handled by Assistant Attorney General Nicholas Garin, under the supervision of Assistant Attorney General In-Charge of the Poughkeepsie Regional Office Vincent Bradley and Deputy Attorney General for Regional Affairs J. David Sampson. Investigators Pete Schwindeller, Judy Koerber, and Kathleen Coppersmith are assisting.