US LAWS, STATUTES & CODES ON-LINE
§ 5001. — Penalties for entering into commerce of imitation firearms. So in original. Probably should be "of the".
So in original. Probably should be "of the".
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC5001]
TITLE 15--COMMERCE AND TRADE
CHAPTER 76--IMITATION FIREARMS
Sec. 5001. Penalties for entering into commerce of imitation
firearms
(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) \1\ Technical evaluation of marking systems
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\1\ So in original. Probably should be ``(e)''.
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The Director of \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.
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\2\ So in original. Probably should be ``of the''.
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(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.
(Pub. L. 100-615, Sec. 4, Nov. 5, 1988, 102 Stat. 3190.)
