[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2150 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 2150

    To improve requirements for entering into commerce of imitation 
                   firearms, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 16, 2017

Mr. Blumenthal introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To improve requirements for entering into commerce of imitation 
                   firearms, and for other purposes.

    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 ``Imitation Firearms Safety Act of 
2017''.

SEC. 2. IMPROVED REQUIREMENTS FOR ENTERING INTO COMMERCE OF IMITATION 
              FIREARMS.

    (a) Distinctive Coloration.--Section 4 of the Federal Energy 
Management Improvement Act of 1988 (15 U.S.C. 5001) is amended--
            (1) in subsection (a), by striking ``contains, or has 
        affixed'' and all that follows through the period at the end 
        and inserting ``is marked or manufactured as described in 
        subsection (b).''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Marking and Manufacturing Requirements.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each toy firearm, look-alike firearm, or imitation firearm 
        shall be marked or manufactured, or both, so that the 
        coloration of the entire exterior surface of the toy firearm, 
        look-alike firearm, or imitation firearm--
                    ``(A) is white, bright red, bright orange, bright 
                yellow, bright green, bright blue, bright pink, or 
                bright purple, either individually or as the 
                predominant color in combination with any other color 
                in any pattern; and
                    ``(B) is permanent.
            ``(2) Alternatives and waivers.--The Secretary of Commerce 
        may--
                    ``(A) provide for an alternate coloration or 
                marking for any toy firearm, look-alike firearm, or 
                imitation firearm that is not capable of meeting the 
                coloration requirements of paragraph (1); and
                    ``(B) waive the requirement of any such coloration 
                or marking for any toy firearm, look-alike firearm, or 
                imitation firearm that will only be used in the 
                theatrical, movie, or television industry.''.
    (b) Repeal of Exception From Regulation of Certain Imitation 
Firearms.--The first subsection (c) of such section (15 U.S.C. 5001) 
(relating to the definition of ``look-alike firearm'') is amended to 
read as follows:
    ``(c) Look-Alike Firearm Defined.--
            ``(1) In general.--In this section, except as provided in 
        paragraph (2), the term `look-alike firearm' means any 
        imitation of any original firearm which was manufactured, 
        designed, and produced since 1898, including the following:
                    ``(A) Toy guns.
                    ``(B) Water guns.
                    ``(C) Replica nonguns.
                    ``(D) Air-soft guns firing nonmetallic projectiles.
                    ``(E) Traditional BB and pellet-firing air guns 
                that expel a projectile through the force of air 
                pressure.
            ``(2) Exceptions.--In this section, the term `look-alike 
        firearm' does not include the following:
                    ``(A) Any look-alike, nonfiring, collector replica 
                of an antique firearm developed prior to 1898.
                    ``(B) Paint-ball guns that expel a projectile 
                through the force of air pressure.''.
    (c) Revision of Rules.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Commerce and the 
        Consumer Product Safety Commission shall review and revise the 
        rules and regulations of the Department of Commerce and the 
        Consumer Product Safety Commission, respectively, to ensure 
        that such rules and regulations are consistent with section 4 
        of the Federal Energy Management Improvement Act of 1988 (15 
        U.S.C. 5001), as amended by this section.
            (2) Notice and comment.--The Secretary of Commerce and the 
        Consumer Product Safety Commission shall revise rules under 
        paragraph (1) in accordance with section 553 of title 5, United 
        States Code.
    (d) Applicability.--The amendments made by this section to section 
4 of the Federal Energy Management Improvement Act of 1988 (15 U.S.C. 
5001) shall apply with respect to toy firearms, look-alike firearms, 
and imitation firearms that are manufactured on or after the date that 
is 180 days after the date of the enactment of this Act.
    (e) Technical Correction.--The second subsection (c) of section 4 
of the Federal Energy Management Improvement Act of 1988 (15 U.S.C. 
5001) (relating to a requirement for a technical evaluation) is 
redesignated as subsection (e).
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