[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3224 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3224

  To regulate the sale of cases and covers that resemble firearms, to 
amend the Consumer Product Safety Improvement Act of 2008 with respect 
 to the regulation of toy, look-alike, and imitation firearms, and to 
         provide penalties for a violation of such regulations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2015

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

_______________________________________________________________________

                                 A BILL


 
  To regulate the sale of cases and covers that resemble firearms, to 
amend the Consumer Product Safety Improvement Act of 2008 with respect 
 to the regulation of toy, look-alike, and imitation firearms, and to 
         provide penalties for a violation of such regulations.

    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 ``Gun Look-Alike Case Act''.

SEC. 2. PROHIBITION ON TOY, LOOK-ALIKE, AND IMITATION FIREARMS.

    (a) Amendment.--Title I of the Consumer Product Safety Improvement 
Act of 2008 (15 U.S.C. 1278a et seq.) is amended by adding at the end 
the following new section:

``SEC. 109. PROHIBITION ON TOY, LOOK-ALIKE, AND IMITATION FIREARMS.

    ``(a) 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 Commission, as provided 
subsection (b).
    ``(b) Distinctive Marking or Device; Exception; Waiver; Adjustments 
and Changes.--
            ``(1) In general.--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) Alternative markings.--The Commission may issue 
        regulations to 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. The Commission is 
        authorized to make adjustments and changes in the marking 
        system provided for by this section, after consulting with 
        interested persons.
            ``(3) Applicability of former regulations.--Unless and 
        until the Commission issues regulations approving other 
        markings or providing an alternate marking or device under this 
        subsection, part 1150 of title 15, Code of Federal Regulations, 
        as in effect on the day before the date of enactment of this 
        Act, shall apply as if promulgated by the Commission. Markings 
        approved under section 1150.3 of such part shall be considered 
        markings approved by the Commission for purposes of subsection 
        (a).
    ``(c) 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, air-
soft guns firing nonmetallic projectiles, and cases and covers for 
products where such case or cover has the appearance, shape, or 
configuration of a firearm. 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.
    ``(d) Treatment of Violation.--A violation of subsection (a) shall 
be treated as a violation of section 19(a)(1) of the Consumer Product 
Safety Act (15 U.S.C. 2068(a)(1)).
    ``(e) Treatment as Consumer Product Safety Standards; Effect on 
State Laws.--Subsections (a) and (b) shall be considered consumer 
product safety standards under the Consumer Product Safety Act.
    ``(f) 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.''.
    (b) Repeal.--Section 4 of the Federal Energy Management Improvement 
Act of 1988 (15 U.S.C. 5001) is repealed.
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