[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5471 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5471

 To require the Consumer Product Safety Commission to prescribe rules 
     requiring distinctive markings on toy and look-alike firearms.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2008

  Mr. Towns (for himself and Mrs. Blackburn) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To require the Consumer Product Safety Commission to prescribe rules 
     requiring distinctive markings on toy and look-alike firearms.

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

SECTION 1. MANDATORY STANDARD FOR THE MARKING OF IMITATION FIREARMS OR 
              TOY FIREARMS.

    (a) Safety Standard.--Not later than 1 year after the date of 
enactment of this Act, the Consumer Product Safety Commission shall 
promulgate a final consumer product safety rule that provides for a 
distinctive marking or device for any toy, look-alike, or imitation 
firearm to distinguish the look-alike firearm from a firearm. The 
Commission 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.
    (b) 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 
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 BB, paint-ball, or pellet-firing air guns that 
expel a projectile through the force of air pressure.
    (c) Preemption of State or Local Laws or Ordinances.--
            (1) In general.--The provisions of this section shall 
        supersede any provision of State or local law or ordinance 
        relating to markings, identification, or sale of toy, look-
        alike, and imitation firearms. No State or political 
        subdivision shall--
                    (A) prohibit the sale or manufacturer of any look-
                alike, nonfiring to or collector replica of an antique 
                firearm developed prior to 1898; or
                    (B) prohibit the sale (other than prohibiting the 
                sale to minors) of traditional BB, paint ball, or 
                pellet-firing air guns that expel a projectile through 
                the force of air pressure
            (2) Limitation.--This subsection shall not apply to any 
        provision of State or local law enacted prior to January 30, 
        1955, or any subsequent amendments enacted thereto, that 
        prohibits the sale of any toy or imitation firearm that can 
        reasonably be perceived to be an actual firearm unless the 
        exterior surface of the toy or imitation firearm is 
        predominantly brightly colored.
    (d) Effect on Other Laws.--This Act shall supersede the provisions 
of section 4 of the Federal Energy Management Improvement Act of 1988 
(15 U.S.C. 5001) at such time as the Commission promulgates a final 
rule pursuant to subsection (a).
                                 <all>