Attorney General James Warns Businesses Against Selling Realistic-Looking Toy Guns Ahead of Halloween

October 28, 2024

NEW YORK - New York Attorney General Letitia James today issued a consumer alert ahead of Halloween reminding businesses and online retailers that they cannot sell realistic-looking toy guns. New York law prohibits retailers from selling toy guns that are black, dark blue, silver, or aluminum-colored and look like a real gun. Toy guns sold in New York must be made in bright colors or made entirely of transparent or translucent materials. Realistic-looking toy guns can pose a danger to children and can be used to engage in illegal and dangerous activity. Attorney General James urges parents and consumers to report retailers who are selling realistic-looking guns online or in stores to her office by filing an online complaint.

"Realistic-looking toy guns have led to tragedies in our communities, and that is why they are banned in New York," said Attorney General James. "Toy guns sold in New York should look exactly like a toy - brightly colored or completely translucent - to avoid being mistaken for a real weapon that can cause serious harm. Retailers selling realistic-looking toy guns as part of a costume are not making Halloween fun, they are violating the law. I urge parents to stay vigilant of realistic-looking toy guns, and I ask all New Yorkers who see a retailer selling realistic-looking toy guns online or in stores to contact my office."

Ahead of Halloween, retailers display costumes and accessories in stores and online, including toy guns, which have restrictions in New York. Realistic-looking toy guns can be used to engage in unlawful activity and have led to several deaths and shootings across the state. New York's General Business law does not allow retailers to sell or distribute realistic-looking imitation guns, which can be black, dark blue, silver, or aluminum-colored. Retailers that illegally sell realistic-looking toy guns can be fined up to $1,000 per violation.

Attorney General James urges consumers who see realistic-looking guns sold in stores or online with shipping to New York to contact her office by filing an online complaint.