‘Smoking’ gun nets 60G fine

[MikeD]

The owner of a Midtown tourist shop is firing back at Mayor Bloomberg’s crusade against toy guns, filing papers to block a $60,000 fine from the city for selling lighters shaped like small pistols.

“We don’t have the money,” said Fred Shayes, 49, who owns US Camera & Computer Inc. near Penn Station. “I would have to take a loan out from the bank to pay that.”

Shayes filed a petition in Manhattan Supreme Court to vacate the fine. At issue is a bronze-and-silver colored 3-inch butane lighter shaped like a gun with a black handle and a red tip that was selling for $10 until investigators slapped the store with a fine and yanked it off their shelves.

Under city law, toy guns can’t be sold in the city unless they are bright green, blue, red or a neon color.

Toy guns are also supposed to have a legible stamp identifying the manufacturer or trade name.

Although the gun-shaped lighter can fit in the palm of a smoker’s hand, inspectors for the city’s Department of Consumer Affairs said in 2011 that the lighters could reasonably be confused with a real firearm, and hit Shayes with the fine.

“The day the inspector came, he said, ‘This is illegal,’ ” Shayes said. “I took it off the shelf right away. I sent it back, and I showed them the invoice that proved I returned it.”

He lost in a hearing at the Department of Consumer Affairs’ appeals board, and went to court.

Over the past seven years, city officials have seized more than 7,200 illegal toy guns from stores and levied $2.4 million in fines, officials said.

Retailer Party City paid a record $500,000 in fines for 800 violations of the city’s toy-gun law.

“Imitation guns that are not easily distinguishable from real weapons pose a real and significant danger to public safety,” a spokeswoman for the city’s law department said.

“Merchants who trade in this illegal merchandise must be held accountable.”

Shayes said the fine could put him out of business. He was fined $5,000 for each of the 12 lighters.

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[GunnyGene]

Paranoia is contagious apparently. They'd likely really freak out about a old pineapple grenade turned into a lighter. Used to have one. :roll:

 

[John A.]

Sounds like they don't want anyone to have a business there.

Since it was a lighter, it isn't a toy. Or at least that is my opinion since you wouldn't sell children a lighter and was more of an adult novelty.

Big difference from being a toy in my opinion.

 

[carbinemike]

It's unbelievable how far the common sense level of NY city has sunk. I think this all revolves around creating a generation that is afraid of even a small replica or image of a gun. It also seems to second as a nice little revenue generator. A store near here has shotgun, AK and AR grill lighters. No fines have been given thus far.

I have a hollowed out pineapple grenade on the door of my beer fridge in the garage. The pin is attached to a string and then a pen. A note instructs people to use it to write complaints about my home brew. Thus far no one has been offended. I'd probably ask them to leave if they were.

 

[MikeD]

I see it as attempting to reprogram the public to fear guns in any and all forms real or not.

I have friends in NY and Chicago and from what i hear it works and many have just given up because they feel powerless against the machine. Sadly thats exactly what the machine wants. My coworker just moved back to MI after 8 years in Chicago and we've had many discussions on the difference in the environment here vs there.

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