§5001 Penalties for Entering Into Commerce of Imitation Firearms

Summary

It is illegal to make, sell, ship, transport, or receive any toy, look‑alike, or imitation gun unless it has a marking the Consumer Product Safety Commission (CPSC) approves. Most of these items must have a permanent blaze orange plug in the barrel, recessed no more than 6 millimeters from the muzzle. CPSC can allow a different mark when the plug won’t work and can waive the rule for items used only in movies, TV, or theater. CPSC may change the marking rules after talking with interested people. A "look‑alike firearm" means an imitation of any real gun made since 1898, such as toy guns, water guns, replica nonguns, and air‑soft guns that fire nonmetallic projectiles. It does not include nonfiring collector replicas of antiques developed before 1898 or 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 versus unmarked items. The National Institute of Justice must test the marking system, 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 cover items made or put into commerce after November 5, 1988. Federal rules override conflicting state or local marking laws, but states may not ban sale or manufacture of antique collector replicas or ban sale (except to minors) of traditional BB, paint‑ball, or pellet air guns that use air pressure.