§5001 Penalties for Entering Into Commerce of Imitation Firearms

Summary

Makes it illegal for anyone to make, sell, ship, transport, or receive any toy, look-alike, or imitation firearm unless it has a CPSC-approved marking. Most such items must have a built-in, permanent bright orange plug in the barrel that sits no more than 6 millimeters back from the muzzle. The Consumer Product Safety Commission can allow a different mark for items that cannot take the plug and can waive marking for things used only in movies, TV, or theater. The CPSC can also change the marking rules after talking with interested people. Look-alike firearm — an imitation of a real firearm made since 1898 (includes toy guns, water guns, replica nonguns, air-soft firing nonmetallic projectiles). Excluded items — nonfiring collector replicas of antiques made before 1898, and traditional BB, paint-ball, or pellet air guns that use air pressure. The Bureau of Justice Statistics must study criminal misuse and report on marked vs unmarked incidents. The National Institute of Justice must test the markings, starting within 3 months after November 5, 1988, and finishing within 9 months after that date. The rules take effect 6 months after November 5, 1988, and apply to items made or sold after November 5, 1988. Federal rules override conflicting state or local rules, but states may not ban sale or manufacture of the excluded collector replicas or ban sale (except to minors) of the listed BB/paint-ball/pellet air guns.