By Michael V. Cusenza
State Attorney General Tish James on Tuesday announced that her office secured a settlement with Walmart for shipping realistic-looking toy guns to New York. An investigation by the Office of the Attorney General found that third-party sellers on Walmart’s online store sold realistic-looking toy guns to New Yorkers and Walmart shipped nine of them to addresses in New York, including New York City, Westchester, and Western New York. Investigators from OAG were able to purchase a toy gun from Walmart and have it shipped to New York.
New York law prohibits retailers from selling or shipping toy guns that are black, dark blue, silver, or aluminum-colored and look like a real gun. Realistic-looking toy guns can be used to engage in unlawful activity and have led to several deaths and shootings across the state. Businesses that illegally sell or distribute realistic-looking toy guns in New York can be fined up to $1,000 per violation. As a result of this settlement, Walmart must pay $16,000 in penalties and fees and ensure that all its third-party sellers are unable to sell imitation toy guns to New York.
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. The OAG investigation revealed that, between March 2020 and November 2023, at least 46 imitation weapons that violate the GBL were purchased by consumers in New York State through the walmart.com platform. At least nine of these items reached consumers through Walmart Fulfillment Services. Toy guns sold in New York must be made in bright colors or made entirely of transparent or translucent materials. Businesses that illegally sell or distribute realistic-looking toy guns in New York can be fined up to $1,000 per violation.
Walmart has also agreed to certain assurances, including:
To the extent any third party uses Walmart.com to offer for sale, expose for sale, or to sell, items to consumers: (a) Walmart shall prohibit such third parties from offering for sale, exposing for sale, or selling, any Prohibited Items for shipments to New York; (b)Walmart shall employ procedures reasonably designed to prevent such third parties from violating the GBL. Such procedures shall include, but not be limited to, written notice and progressive discipline based on the number and type of violations, up to and including termination. Walmart shall terminate the ability of a third party from being able to list and sell toy guns and imitation weapons on Walmart.com when it has determined that a third party has engaged in conduct violative of the GBL on three separate occasions.
James encouraged consumers who see realistic-looking guns sold in stores or online with shipping to New York to contact her office by filing a complaint online at: formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGCFCHome;jsessionid=Z8EX505ES4vbV0g_nh8I9OlsSDdcd-3jYRBB-kCitpqB4OjY2Tzp!-354183657.
“Realistic-looking toy guns can put communities in serious danger and that is why they are banned in New York,” James said. “Walmart failed to prevent its third-party sellers from selling realistic-looking toy guns to New York addresses, violating our laws and putting people at risk. The ban on realistic-looking toy guns is meant to keep New Yorkers safe and my office will not hesitate to hold any business that violates that law accountable.”
