People v. Ross, 44 N.Y.2d 319 (1978)

A real, albeit inoperable, firearm is not a “toy or imitation pistol or revolver” under a statute prohibiting the possession of such items, while a starter pistol, designed to resemble a real firearm, does fall under that prohibition.

Summary

This case addresses whether an inoperable real handgun and a starter pistol fall under the purview of a New York City Administrative Code provision prohibiting the possession of “toy or imitation” pistols. The Court of Appeals held that a real, inoperable handgun does not constitute a toy or imitation, focusing on the plain meaning of the words, but a starter pistol, designed to mimic a real firearm, does. The court reversed the Appellate Term’s order in *Ross*, dismissing the information, and affirmed the Appellate Division’s order in *Matter of Michael R.*, upholding the juvenile delinquency adjudication.

Facts

In *Ross*, the defendant was initially arrested for criminal possession of a weapon after being found with a loaded .25 caliber Baretta pistol. The charge was reduced when the gun was found to be inoperable due to a faulty firing pin, and the defendant was then charged with violating a New York City Administrative Code provision regarding toy or imitation pistols.

In *Matter of Michael R.*, a 14-year-old was charged with possessing a black Italian starter pistol, an act that would violate the same Administrative Code provision if committed by an adult. The starter pistol was also inoperable. A hearing determined that the allegations were proven.

Procedural History

In *Ross*, the Criminal Court dismissed the information, but the Appellate Term reversed.

In *Matter of Michael R.*, the Family Court adjudged the appellant a juvenile delinquent. The Appellate Division affirmed without opinion.

Issue(s)

Whether an inoperable, but real, handgun constitutes a “toy or imitation pistol or revolver” under the meaning of the New York City Administrative Code.

Whether a starter pistol constitutes a “toy or imitation pistol or revolver” under the meaning of the New York City Administrative Code.

Holding

No, because a real pistol or revolver, even if inoperable, is not a “toy or imitation pistol or revolver.”

Yes, because a starter pistol is designed to resemble an actual firearm and is, in essence, a noisemaker. As such, it is an imitation pistol its possession is prohibited by the statute.

Court’s Reasoning

The court focused on the plain and natural meaning of the language in the Administrative Code. It reasoned that a real pistol, even if inoperable, simply is not a toy or imitation. The court cited *People v. Rivers*, noting, “one would not call a broken radio a copy of a real radio or a defective toaster a copy of a real toaster.”

However, the court reached a different conclusion regarding the starter pistol. The court stated that “[a] starter’s pistol is a gun manufactured to fire blank cartridges and is most commonly used as a signaling device at athletic events. It is, in essence, a noisemaker designed to resemble an actual firearm. As such, it is an imitation pistol and its possession is prohibited by the statute.”

The court distinguished the two scenarios based on the inherent nature and design of the objects in question. A broken or inoperable real gun is still a real gun, while a starter pistol is manufactured specifically to *look* like a real gun and therefore is an imitation firearm.