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New York AG tells retailers to stop selling realistic toy guns

"New York State law is clear: retailers cannot put children and law enforcement at risk by selling toy guns that are virtually indistinguishable from the real thing."

By Matt Bradwell
New York Governor Andrew Cuomo, left, listens to Mayor Bill de Blasio. UPI/Mark Lennihan/Pool
New York Governor Andrew Cuomo, left, listens to Mayor Bill de Blasio. UPI/Mark Lennihan/Pool | License Photo

ALBANY, N.Y., Dec. 18 (UPI) -- The New York state attorney general issued cease-and-desist orders to five national retailers for selling toy guns that looked too realistic.

New York state law requires black, silver or aluminum toy guns to have a bright orange stripe on the "barrel" to make them easily distinguishable from the real thing. A Kmart in Rochester was busted selling guns without the strike, triggering the state's crackdown.

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"When toy guns are mistaken for real guns, there can be tragic consequences," wrote Attorney General Eric Schneiderman.

"New York State law is clear: retailers cannot put children and law enforcement at risk by selling toy guns that are virtually indistinguishable from the real thing."

Cease-and-desist orders were sent to Amazon, Walmart, Sears, Kmart and ToyArsenal.com, accusing them of violating New York law by selling unmarked toy guns either online or in physical stores.

"Some of the toy guns discovered during the investigation are advertised as "realistic looking" and "full size." Since they lack the orange striping down both sides of the barrel as required under state law, these imitation assault rifles, shotguns, and pistols closely resemble dangerous weapons, and could be easily mistaken for real weapons by law enforcement and civilians alike."

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Retailers caught selling the guns in New York face a minimum $1,000 fine per sale.

"Once this matter was brought to our attention we placed a shipping block on our website to prevent the mentioned items from being sent to the state of New York," Walmart said in a statement.

Toy guns have re-entered the forefront of legisletive and cultural conciousness after 12-year-old Tamir Rice was shot and killed in Cleveland after a police officer mistook Rice's airsoft gun for a real one.

Since 199, toy guns have lead to four mistaken deaths at the hands of law enforcement in New York state.

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