In recent years New York State banned the sale of realistic-looking toy guns as an enhanced safety precaution for children and police officers, and instead require such toys to be brightly colored and obvious that they are not functioning firearms.

Now, in the run-up to Halloween, New York Attorney General Letitia James is reminding retailers in the state that they could face financial and legal consequences if they sell realistic-looking toy guns in conjunction with costumes for the holiday, Spectrum News reported.

The expressed concern from the Democratic prosecutor seems a bit ironic to some conservative critics in that she has also weaponized the state's laws to go after the Republican nominee who would likely be far more effective at reducing crime and improving safety in the state than a law mandating the appearance of certain toys.

A reminder for retailers and consumers

In a Monday press release, AG James issued a "consumer alert" to not only remind retailers of the legal requirements to sell toy guns in New York but also to encourage consumers and parents to notify authorities by filing formal complaints about alleged violations.

Per the law, toy guns cannot be sold in realistic-looking color schemes like aluminum, black, dark blue, or silver, but rather must be made entirely of bright colors or transparent materials to easily distinguish them from actual working firearms.

"Realistic-looking toy guns have led to tragedies in our communities, and that is why they are banned in New York," AG James said in a statement. "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," she added. "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."

The press release provided a link for consumers and parents to file a complaint and further reminded retailers that they could face a $1,000 fine per violation.

Toy gun bright color requirement became state law in 2022

It was in 2022 that the Lower Hudson Journal News reported that New York Gov. Kathy Hochul signed into law a bill passed by the state legislature that imposed the bright coloring or translucent requirements for retailers to sell toy guns in the state.

The bill codified and expanded statewide a restriction that had already been in place in New York City for years and went above and beyond the previous state mandate that toy guns feature a bright orange stripe or be colored differently from traditional firearm appearances. It also far exceeded the federal law that simply requires a bright orange plug at the end of the barrel to differentiate a toy gun from a real firearm.

The outlet noted that, according to the attorney general's office at that time, there had been at least 63 shooting incidents with eight fatalities in New York that involved children or criminals wielding toy guns that were mistaken as real.

When she signed that bill into law, Gov. Hochul said, "Restricting these realistic-looking devices will ensure misleading and potentially dangerous devices are off our streets, keeping kids, law enforcement, and all New Yorkers safe."

Study showed that bright colors reduced the rate of police shootings

The Journal News noted in the 2022 report that the intent of the toy guns law was to reduce the chances of children or criminals with realistic-looking toy guns being shot by real firearms wielded by the police or legal gun owners who were unable to easily distinguish the difference.

It cited a 1989 study by the Justice Department which found under simulated conditions that the orange barrel plug required by federal law made little difference in the rate that police officers would fire their weapons at a perceived threat, but that more brightly colored toy guns significantly reduced the rate of shots fired by officers.