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 projectiles. Such term does not include any look-alike, nonfiring, collector replica of an an- tique firearm developed prior to 1898, or tradi- tional 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 Statis- tics is authorized and directed to conduct a study of the criminal misuse of toy, look-alike and imitation firearms, including studying po- lice reports of such incidences and shall report on such incidences relative to marked and un- marked firearms. (e) Technical evaluation of marking systems The Director of 1 National Institute of Justice is authorized and directed to conduct a tech- nical evaluation of the marking systems pro- vided for in subsection (b) to determine their ef- fectiveness in police combat situations. The Di- rector 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 manu- factured or entered into commerce after Novem- ber 5, 1988. (g) Preemption of State or local laws or ordi- nances; exceptions The provisions of this section shall supersede any provision of State or local laws or ordi- nances which provide for markings or identifica- tion 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 pro- jectile through the force of air pressure. (Pub. L. 100–615, § 4, Nov. 5, 1988, 102 Stat. 3190; Pub. L. 117–167, div. B, title II, § 10246(e), Aug. 9, 2022, 136 Stat. 1492.) Editorial Notes AMENDMENTS 2022—Subsecs. (a), (b)(2). Pub. L. 117–167, § 10246(e)(1), substituted ‘‘Consumer Product Safety Commission’’ for ‘‘Secretary of Commerce’’. Subsec. (b)(3). Pub. L. 117–167, § 10246(e)(1), substituted ‘‘Consumer Product Safety Commission’’ for ‘‘Sec- retary’’. Subsecs. (c), (e). Pub. L. 117–167, § 10246(e)(2), redesig- nated subsec. (c) relating to technical evaluation of marking systems as (e). Subsec. (g). Pub. L. 117–167, § 10246(e)(3), redesignated cls. (i) and (ii) as pars. (1) and (2), respectively. CHAPTER 77—STEEL AND ALUMINUM EN- ERGY CONSERVATION AND TECHNOLOGY COMPETITIVENESS Sec. 5101. Findings and purposes. 5102. Definitions. 5103. Establishment of scientific research and de- velopment program to develop competitive manufacturing technologies and increase energy efficiency in steel and aluminum in- dustries. 5104. Protection of proprietary rights. 5105. Coordination. 5106. Repealed. 5107. Reports. 5108. Authorization of appropriations. 5109. Relation of existing program. 5110. Drug-free workplace. § 5101. Findings and purposes (a) Findings The Congress finds that— (1) maintaining viable domestic steel, alu- minum, copper, and other metals industries is vital to the national security and economic well being of the United States; and (2) the promotion of technology competitive- ness and energy conservation in the American steel and aluminum industries by the Federal Government through a program of joint re- search and development will help maintain viable domestic steel and aluminum indus- tries. (b) Purposes The purposes of this chapter are to—