By Hank Russell
A national big-box store chain has agreed to pay $16,000 for allegedly shipping toy guns to other stores in New York State that look like real guns, which is illegal in the state.
An investigation by the Office of the Attorney General (OAG) in New York 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. According to the OAG, 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 Letitia 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.
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.
In response to the fine, Walmart said in a statement, “We are committed to complying with all laws, and we have processes in place to ensure products offered for sale by third-party sellers on our marketplace comply with all applicable laws as well.”
Anyone who sees realistic-looking guns sold in stores or online with shipping to New York to contact her office by filing an online complaint.