Collapse to view only § 5001. Penalties for entering into commerce of imitation firearms
§ 5001. Penalties for entering into commerce of imitation firearms
(a) Acts prohibited
(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 Consumer Product Safety Commission 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 Consumer Product Safety Commission 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
(d) Study and report
(e) Technical evaluation of marking systems
(f) Effective date
(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—
(1) prohibit the sale or manufacture of any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898, or
(2) 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, § 4, Nov. 5, 1988, 102 Stat. 3190; Pub. L. 117–167, div. B, title II, § 10246(e), Aug. 9, 2022, 136 Stat. 1492.)