Contact: Colleen Roche/Jennifer Chait (212) 788-2958
Specifically, Introductory Number 444-A would prohibit the selling or giving of laser pointers to anyone under the age of 19, and further prohibits the open display of laser pointers by anyone who sells such devices. The penalty for first and subsequent offenses, in either case, would be a misdemeanor. In addition, the bill prohibits anyone under the age of 21 from possessing a laser pointer on school premises, and anyone under the age of 19 from possessing a laser pointer in a public place. The penalty in both cases for a first offense would be a violation, and all subsequent offenses would be a misdemeanor.
The bill also prohibits anyone from directing a laser light into or through a public place, with the penalty for a first offense being a violation, and all subsequent offenses being a misdemeanor. Finally, anyone who directs a laser light at a public safety officer, such as a police officer, would be committing a misdemeanor for the first, and all subsequent offenses.
Nothing in the bill's provisions would prohibit the job-related use of laser pointers by adults in a public or private place, or by minors who use these devices either at work or at school, so long as these individuals are under the appropriate school or employment supervision.
Both the Police Department and the Department of Consumer Affairs would have enforcement authority under the bill, as would other agencies designated by the Mayor.
This legislation is vital to enhancing public safety, because it may very well prevent an unnecessary tragedy. Today, laser pointers are sold as presentation and teaching aids in electronic stores, as well as catalogues and newsstands, with little or no regulation. Such devices are inexpensive and can easily be attached to firearms, or simply used independently to harass and seriously alarm police officers, as well as the public at large.
Under these circumstances, the danger and potential for a fatal accident is real. Anyone, including a police officer, who is "dotted" with a laser pointer or imitation laser pointer, cannot be sure whether the laser beam is being emitted from a firearm or from a toy. Accordingly, such persons, acting out of justifiable fear for their own lives, may resort to the use of their own firearms and cause serious injury or even death in an attempt to secure their own safety or the safety of others.
Therefore, the need for this proposal is clear, as it will save lives by preventing the purposeful and unintentional misuse of laser pointers. Because of these dangers, I urge all parents and sellers of laser pointing devices to refrain from giving or selling these devices to children.
For reasons previously stated, I will now sign the bill.