Are Orbeez guns illegal in NY? If yes, then what is the reason to ban toy guns? Learn this and more about the extensive history behind Orbeez gun law in NY. 

Orbeez guns and their legality in the USA have always been a hot topic for debate. You might have seen it making newspaper headlines more often. Orbeez are toys that use soft water beads as ammunition but still cause harm in many ways. 

CHECK: Are Orbeez Guns Illegal In California?

When the Orbeez trend started taking over the internet, many Orbeez-caused incidents made headlines daily. So, every state has safety protocols and laws regarding Orbeez gun use. Particularly talking about New York; are Orbeez guns illegal in NY?

Stay with me till the end of this discussion to find out the answer to this question and the reason that might make Orbeez illegal.  

Are Orbeez Guns Illegal in NY?

History of Toy Guns and New York

Before starting with the current situation, let’s examine New York’s history and association with toy guns. There is a troubling history of incidents where toy guns were mistaken for real firearms, and it caused great harm to the citizens.

Back in 1994, 63 incidents were due to the use of toy guns in New York, with eight fatalities. Based on this painful history, the governor of New York, Kathy Hochul, placed the stance on the table for imposing new rules regarding toy guns: 

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“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.”

History of Toy Guns and New York

Highlighting Incidents Involving Toy Guns

One of the major drawbacks of these toy guns is they look so real that they mislead police to identify them as real weapons. Giffords Law Center stated that between 2015-2018 146 individuals were mistakenly shot by police holding fake arms. 

In the most recent incident, an off-duty corrections officer mistakenly shot an 18-year-old boy holding a fake gun and shot pellets at the officer. The policeman was charged in a murder case because the boy was announced dead on the spot.

To avoid these painful incidents, police devised many ways, like markings on toy guns. The purpose was to help law enforcement personnel identify between toy guns and real ones.

Highlighting Incidents Involving Toy Guns

Effectiveness of Toy Gun Markings 

The first initiative was to introduce an orange tip marking inserted in the toy gun barrel to make it look different from the real one. However, this wasn’t working as well because police had to stop and check the object closely to ensure it was a toy.

So, a recent initiative by NY law enforcement authorities makes much more sense and is more effective. Toy guns with sharp, solid colors like orange, green, and purple or total transparency were easily identified. It was also helpful in stopping misunderstood incidents on behalf of the police, ensuring the safety of citizens. 

Effectiveness of Toy Gun Markings 

Orbeez Guns & NY State Laws

With all the history and painful incidents, last year, New York law enforcement authorities took a rigid step towards toy guns. According to the New York Penal Law, Orbeez are not firearms, but they fall under the category of air rifles. 

Which makes Orbeez guns illegal to use in New York at public places. It can be mistaken as a real weapon or, if not used with caution, can cause harm to people and property. 

However, people can use them in controlled environments like amusement parks and gaming arenas. However, pointing or shooting using an Orbeez gun at any person, property, or public property comes under a criminal offense in New York. 

Penalties for Breaking Orbeez Gun Laws in NY

If you do not abide by the Orbeez gun law in New York and get caught while breaking laws, then you have to face severe penalties. This includes getting charged with a Class A Misdemeanor, a penalty of one year in jail, and a $1,000 fine. In case you hit a person, then you might have to face more heavy charges like assault or harassment. 


Are toy guns illegal in NY?

Yes, using toy guns in public places is illegal in NY as it might harm a person or property. Also, toy guns have to be of bright colors like purple, orange, or green to be legal for selling and buying. 

Are prop guns legal in NYC?

Yes, prop guns that resemble real firearms in any way are illegal. There is a ban on selling such toys; only toy guns with bright colors are allowed to be sold in toy stores.

Are flare guns legal in NY?

No, flare guns are not legal in NY; according to the latest statement released by Sergeant Smith, “the sale and possession of flare guns is a crime under New York State Penal Law; it is a violation of law.”


Wrapping up discussion on: Are Orbeez guns illegal in NY? Yes, they are illegal in public areas due to several reasons. The state has a history of painful incidents that include people losing their lives. Ban on such toy guns is only to protect citizens and their belongings. However, you can use Orbeez guns in contained environments, under safety regulations and expert supervision.

Are there any alternatives that you think the state can practice with the use of Orbeez guns?