[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5091 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5091

To provide a technical correction to the Federal preemption of State or 
 local laws concerning the markings and identification of imitation or 
            toy firearms entering into interstate commerce.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2004

Mr. Davis of Illinois (for himself, Mr. Issa, Mr. Jackson of Illinois, 
 and Mr. Dingell) introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To provide a technical correction to the Federal preemption of State or 
 local laws concerning the markings and identification of imitation or 
            toy firearms entering into interstate commerce.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Toy Gun Marking Improvement Act''.

SEC. 2. PREEMPTION OF STATE OR LOCAL LAWS CONCERNING THE MARKINGS AND 
              IDENTIFICATION OF IMITATION OR TOY FIREARMS.

    Section 4 of the Federal Energy Management Improvement Act of 1988 
(15 U.S.C. 5001) is amended--
            (1) in subsection (c), by adding at the end: ``Such term 
        does include any toy replica of an antique firearm developed 
        prior to 1898.''; and
            (2) in subsection (g), by amending paragraph (1) to read as 
        follows:
            ``(1) prohibit the sale or manufacture of any look-alike, 
        nonfiring, toy or collector replica of an antique firearm 
        developed prior to 1898; or''.
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