110 HR 5471 IH: To require the Consumer Product Safety Commission to U.S. House of Representatives 2008-02-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5471 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.

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).