Attorney General James Fines Walmart for Shipping Illegal Realistic Toy Guns to New York

NEW YORK – New York Attorney General Letitia James today 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 (OAG) 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. 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.

“Realistic-looking toy guns can put communities in serious danger and that is why they are banned in New York,” said Attorney General James. “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.”

An OAG investigation found that third-party sellers on Walmart’s online store sold realistic-looking toy guns and Walmart shipped them to New York through its fulfillment services. Investigators from OAG were able to purchase a toy gun from Walmart and have it shipped 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. 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.

As a result of this settlement, Walmart must pay $14,000 in penalties and $2,000 in fees to the state for illegally shipping realistic-looking toy guns to New York addresses.

Attorney General James encourages consumers who see realistic-looking guns sold in stores or online with shipping to New York to contact her office by filing an online complaint.

This matter was handled by Assistant Attorney General in Charge Andy Aujla, Deputy Assistant Attorney General in Charge Ben Bruce, and Assistant Attorney General Kathryn Martin all of the Division of Regional Affairs as well as Special Counsel for Complex Litigation Colleen K. Faherty and former Special Counsel Eric Haren. Support was also provided by Data Scientist Blake Rubey, under the supervision of Director Victoria Khan and Deputy Director Gautam Sisodia, all of the Research and Analytics Department. Investigators Peter Schottenfeld and Ralph Dorismond supported the investigation under the supervision of Supervising Investigator Michael Christian.The Division of Regional Affairs is led by Chief Deputy Attorney General Jill Faber and overseen by First Deputy Attorney General Jennifer Levy.