Section 871. Definitions  


Latest version.
  • 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 subdivisions 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  firearm,
      the  original  of which was designed, manufactured and produced prior to
      eighteen hundred ninety-eight.