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15 USC CHAPTER 76 - IMITATION FIREARMS 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 76 - IMITATION FIREARMS

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CHAPTER 76 - IMITATION FIREARMS

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Sec.

5001. Penalties for entering into commerce of imitation firearms.

(a) Acts prohibited.

(b) Distinctive marking or device; exception; waiver;

adjustments and changes.

(c) ''Look-alike firearm'' defined.

(d) Study and report.

(c) Technical evaluation of marking systems.

(f) Effective date.

(g) Preemption of State or local laws or ordinances;

exceptions.

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15 USC Sec. 5001 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 76 - IMITATION FIREARMS

-HEAD-

Sec. 5001. Penalties for entering into commerce of imitation

firearms

-STATUTE-

(a) Acts prohibited

It shall be unlawful for any person to manufacture, enter into

commerce, ship, transport, or receive any toy, look-alike, or

imitation firearm unless such firearm contains, or has affixed to

it, a marking approved by the Secretary of Commerce, as provided in

subsection (b) of this section.

(b) Distinctive marking or device; exception; waiver; adjustments

and changes

(1) Except as provided in paragraph (2) or (3), each toy,

look-alike, or imitation firearm shall have as an integral part,

permanently affixed, a blaze orange plug inserted in the barrel of

such toy, look-alike, or imitation firearm. Such plug shall be

recessed no more than 6 millimeters from the muzzle end of the

barrel of such firearm.

(2) The Secretary of Commerce may provide for an alternate

marking or device for any toy, look-alike, or imitation firearm not

capable of being marked as provided in paragraph (1) and may waive

the requirement of any such marking or device for any toy,

look-alike, or imitation firearm that will only be used in the

theatrical, movie or television industry.

(3) The Secretary is authorized to make adjustments and changes

in the marking system provided for by this section, after

consulting with interested persons.

(c) ''Look-alike firearm'' defined

For purposes of this section, the term ''look-alike firearm''

means any imitation of any original firearm which was manufactured,

designed, and produced since 1898, including and limited to toy

guns, water guns, replica nonguns, and air-soft guns firing

nonmetallic projectiles. Such term does not include any

look-alike, nonfiring, collector replica of an antique firearm

developed prior to 1898, or traditional B-B, paint-ball, or

pellet-firing air guns that expel a projectile through the force of

air pressure.

(d) Study and report

The Director of the Bureau of Justice Statistics is authorized

and directed to conduct a study of the criminal misuse of toy,

look-alike and imitation firearms, including studying police

reports of such incidences and shall report on such incidences

relative to marked and unmarked firearms.

(c) (FOOTNOTE 1) Technical evaluation of marking systems

(FOOTNOTE 1) So in original. Probably should be ''(e)''.

The Director of (FOOTNOTE 2) National Institute of Justice is

authorized and directed to conduct a technical evaluation of the

marking systems provided for in subsection (b) of this section to

determine their effectiveness in police combat situations. The

Director shall begin the study within 3 months after November 5,

1988, and such study shall be completed within 9 months after

November 5, 1988.

(FOOTNOTE 2) So in original. Probably should be ''of the''.

(f) Effective date

This section shall become effective on the date 6 months after

November 5, 1988, and shall apply to toy, look-alike, and imitation

firearms manufactured or entered into commerce after November 5,

1988.

(g) Preemption of State or local laws or ordinances; exceptions

The provisions of this section shall supersede any provision of

State or local laws or ordinances which provide for markings or

identification inconsistent with provisions of this section

provided that no State shall -

(i) prohibit the sale or manufacture of any look-alike,

nonfiring, collector replica of an antique firearm developed

prior to 1898, or

(ii) prohibit the sale (other than prohibiting the sale to

minors) of traditional B-B, paint ball, or pellet-firing air guns

that expel a projectile through the force of air pressure.

-SOURCE-

(Pub. L. 100-615, Sec. 4, Nov. 5, 1988, 102 Stat. 3190.)

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