[Congressional Record Volume 141, Number 78 (Thursday, May 11, 1995)]
[Extensions of Remarks]
[Page E1017]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                        WE NEED TO BAN TOY GUNS

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                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                         Thursday, May 11, 1995
  Mr. TOWNS. Mr. Speaker, once again, another child in the city of New 
York died needlessly at the hands of a police officer who thought the 
child had a gun. While the child did have a gun, it was a toy gun.
  As a result of this ongoing crisis, I am introducing a bill today 
asking the Consumer Product Safety Commission to ban toys which in 
size, shape, or overall appearance resemble real handguns. Congress 
tried to ban toy handguns by passing the Federal Energy Management 
Improvement Act of 1988 which required that all toy guns manufactured 
or sold after May 5, 1989, be marked to distinguish them from real 
weapons.
  The act required one of the following markings: a blaze orange plug 
inside the muzzle; an orange band covering the outside end of the 
muzzle; construction of transparent or translucent materials; 
coloration of the entire surface with bright colors; or predominately 
white coloration in combination with bright colors. The act also 
required the Director of the National Institute of Justice [NIJ] to 
conduct a technical evaluation of the marking systems.
  The conclusion of the evaluation conducted by NIJ showed that the 
orange plug marking standard completely failed to enable police 
officers to identify the weapon as a toy gun. In fact, clearly marked 
toy guns were most likely to provoke shootings on the first trial, and 
less likely only after police officers gained some familiarity with the 
situation and the possible appearance of toy guns.
  It is quite clear to me, and should be to all of you, that something 
drastic needs to be done to stop the needless shooting of innocent 
children. Markings are not enough--they do not work.
  To ensure that there are no mistakes, no failures to recognize 
plastic from steel, I strongly encourage you to vote for a total ban on 
the manufacturing of realistic toy handguns.


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