DISCLAIMER

THIS IS IN NO WAY TO BE TAKEN AS LEGAL ADVICE-YOU SHOULD HIRE AN ATTORNEY TO ANSWER ANY QUESTIONS YOU HAVE ABOUT ANYTHING IN LIFE AT ANY TIME-AND PAY HIM A WHOLE BUNCH OF $$$$ 'CAUSE LAWYERS ARE PEOPLE TOO- AND NOT TRY TO SUE ME OVER IT. REMEMBER I AM JUST SOME DOPE ON THE INTERNUT**** USE THIS AT YOUR OWN RISK AND DON'T COMPLAIN TO ME ABOUT IT YOU END UP IN THE POKEY FOR SELLING TOY GUNS!!!!!!!!!
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15 USCS § 5001


UNITED STATES CODE SERVICE



TITLE 15. COMMERCE AND TRADE  
CHAPTER 76. IMITATION FIREARMS


15 USCS § 5001  (2001)

§ 5001.  Penalties for entering into commerce of 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 Secretary of Commerce, as provided in subsection (b).
 
(b) Distinctive marking or device; exception; waiver; adjustments and changes.
  (1) 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) The Secretary of Commerce may 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.
  (3) The Secretary is authorized to make adjustments and changes in the marking system provided for by this section, after consulting with interested persons.
 
(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, 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 B-B, paint-ball, or pellet-firing air guns that expel a projectile through the force of air pressure.
 
(d) Study and report. The Director of the Bureau of Justice Statistics is authorized and directed to conduct a study of the criminal misuse of toy, look-alike and imitation firearms, including studying police reports of such incidences and shall report on such incidences relative to marked and unmarked firearms.
 
[(e)](c) Technical evaluation of marking system. The Director of [the] National Institute of Justice is authorized and directed to conduct a technical evaluation of the marking systems provided for in subsection (b) to determine their effectiveness in police combat situations. The Director shall begin the study within 3 months after the date of enactment of this section [enacted Nov. 5, 1988] and such study shall be completed within 9 months after such date of enactment [enacted Nov. 5, 1988].

 
(f) Effective date. This section shall become effective on the date 6 months after the date of its enactment [enacted Nov. 5, 1988] and shall apply to toy, look-alike, and imitation firearms manufactured or entered into commerce after such date of enactment [enacted Nov. 5, 1988].
 
(g) 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--
  (i) prohibit the sale or manufacture of any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898, or
  (ii) 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.
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And don't make jokes about lawn darts-we-um I mean the BAD KIDS- used to kill seagulls with 'em at the beach when we went there drunk in high school.

That'll be $ 8500 please. Thank you.