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 Consumer Product Safety Commission, as provided in subsection (b).
Distinctive marking or device; exception; waiver; adjustments and changes
“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.
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.
Technical evaluation of marking systems
1
Effective date
This section shall become effective on the date 6 months after , and shall apply to toy, look-alike, and imitation firearms manufactured or entered into commerce after .
Preemption of State or local laws or ordinances; exceptions
Pub. L. 100–615, § 4102 Stat. 3190Pub. L. 117–167, div. B, title II, § 10246(e)136 Stat. 1492(, , ; , , .)
Editorial Notes
Amendments
Pub. L. 117–167, § 10246(e)(1)2022—Subsecs. (a), (b)(2). , substituted “Consumer Product Safety Commission” for “Secretary of Commerce”.
Pub. L. 117–167, § 10246(e)(1)Subsec. (b)(3). , substituted “Consumer Product Safety Commission” for “Secretary”.
Pub. L. 117–167, § 10246(e)(2)Subsecs. (c), (e). , redesignated subsec. (c) relating to technical evaluation of marking systems as (e).
Pub. L. 117–167, § 10246(e)(3)Subsec. (g). , redesignated cls. (i) and (ii) as pars. (1) and (2), respectively.