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15 U.S.C. § 5001 — Penalties for entering into commerce of imitation firearms

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 5001 — Penalties for entering into commerce of imitation firearms

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Source file: Laws/federal/codes/united-states-code/title-15/section-5001-penalties-for-entering-into-commerce-of-imitation-firearms--06ac94811f.md
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Source location: Title 15, Chapter 76, § 5001; chapter-076-imitation-firearms.md

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**(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 Consumer Product Safety Commission, 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 Consumer Product Safety Commission 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 Consumer Product Safety Commission 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) Technical evaluation of marking systems** The Director of 11 So in original. Probably should be “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 November 5, 1988, and such study shall be completed within 9 months after November 5, 1988. **(f) Effective date** This section shall become effective on the date 6 months after November 5, 1988, and shall apply to toy, look-alike, and imitation firearms manufactured or entered into commerce after November 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— (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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8201 — Findings and statement of purposes

**(a) Findings** The Congress finds that— (1) the United States has survived a period of energy shortage and has made significant progress toward improving energy efficiency in all sectors of the economy; (2) effective measures must continue to be taken by the Federal Government and other users and suppliers of energy to control the rate of growth of demand for energy and the efficiency of its use; (3) the continuation of this effort will permit the United States to become increasingly independent of the world oil market, less vulnerable to interruption of foreign oil supplies, and more able to provide energy to meet future needs; and (4) all sectors of the economy of the United States should continue to reduce significantly the demand for nonrenewable energy resources such as oil and natural gas by implementing and maintaining effective conservation measures for the efficient use of these and other energy sources. **(b) Statement of purposes** The purposes of this chapter are to provide for the regulation of interstate commerce, to reduce the growth in demand for energy in the United States, and to conserve nonrenewable energy resources produced in this Nation and elsewhere, without inhibiting beneficial economic growth.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 5001 — Penalties for entering into commerce of

Page 2181 TITLE 15—COMMERCE AND TRADE § 5101 1 So in original. Probably should be ‘‘of the’’. § 5001. Penalties for entering into commerce of imitation firearms (a) Acts prohibited It shall be unlawful for any person to manu- facture, 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 Consumer Prod- uct Safety Commission, as provided in sub- section (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 fire- arm. (2) The Consumer Product Safety Commission may provide for an alternate marking or device for any toy, look-alike, or imitation firearm not capable of being marked as provided in para- graph (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 Consumer Product Safety Commission is authorized to make adjustments and changes in the marking system provided for by this sec- tion, 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, de- signed, and produced since 1898, including and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic proje

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 5001

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