Walmart has agreed to pay a small fine of $16,000 and ensure that third-party resellers on its platform do not sell realistic-looking toy guns in New York. This settlement follows an investigation by New York Attorney General Letitia James, who discovered that Walmart’s online store had shipped at least nine toy guns resembling actual firearms to various locations in New York, violating state law.
This legal action is rooted in a previous consent order from 2015, where major retailers, including Walmart, Amazon, and Sears, committed to keeping toy guns that resemble real weapons off their shelves in New York. This agreement was prompted by the 2014 police shooting of Tamir Rice, a 12-year-old boy holding a pellet gun, and aimed to address the safety risks posed by such toys.
New York law prohibits the sale or shipment of toy guns that are black, dark blue, silver, or aluminum, requiring instead that such toys must be brightly colored or made of transparent materials. Businesses face fines of $1,000 per violation. Between March 2020 and November 2023, consumers in New York purchased at least 46 imitation weapons through Walmart.com that violated this law.
As part of the settlement, Walmart is now obligated to take stricter measures against third-party sellers, including terminating the ability of sellers who violate these restrictions on three occasions. Walmart is also required to implement procedures to prevent the sale of any imitation weapons that contravene New York’s regulations. The small fine represents a negligible fraction of Walmart’s daily earnings, highlighting the ongoing tension between retail practices and public safety.
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