II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Imitation Firearms 

5 Safety Act of 2017’’. 

6 SEC. 2. IMPROVED REQUIREMENTS FOR ENTERING INTO 

7 COMMERCE OF IMITATION FIREARMS. 

8 (a) DISTINCTIVE COLORATION.—Section 4 of the 

9 Federal Energy Management Improvement Act of 1988 

10 (15 U.S.C. 5001) is amended— 


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1 (1) in subsection (a), by striking ‘‘contains, or 

2 has affixed’’ and all that follows through the period 

3 at the end and inserting ‘‘is marked or manufac4 tured as described in subsection (b).’’; and 

5 (2) by amending subsection (b) to read as fol6 lows: 

7 ‘‘(b) MARKING AND MANUFACTURING REQUIRE8 MENTS.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), each toy firearm, look-alike firearm, or 

11 imitation firearm shall be marked or manufactured, 

12 or both, so that the coloration of the entire exterior 

13 surface of the toy firearm, look-alike firearm, or imi14 tation firearm— 

15 ‘‘(A) is white, bright red, bright orange, 

16 bright yellow, bright green, bright blue, bright 

17 pink, or bright purple, either individually or as 

18 the predominant color in combination with any 

19 other color in any pattern; and 

20 ‘‘(B) is permanent. 

21 ‘‘(2) ALTERNATIVES AND WAIVERS.—The Sec22 retary of Commerce may— 

23 ‘‘(A) provide for an alternate coloration or 

24 marking for any toy firearm, look-alike firearm, 

25 or imitation firearm that is not capable of meetVerDate Sep 11 2014 05:01 Nov 22, 2017 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2150.IS S2150

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1 ing the coloration requirements of paragraph 

2 (1); and 

3 ‘‘(B) waive the requirement of any such 

4 coloration or marking for any toy firearm, look5 alike firearm, or imitation firearm that will only 

6 be used in the theatrical, movie, or television in7 dustry.’’. 

8 (b) REPEAL OF EXCEPTION FROM REGULATION OF

9 CERTAIN IMITATION FIREARMS.—The first subsection (c) 

10 of such section (15 U.S.C. 5001) (relating to the definition 

11 of ‘‘look-alike firearm’’) is amended to read as follows: 

12 ‘‘(c) LOOK-ALIKE FIREARM DEFINED.— 

13 ‘‘(1) IN GENERAL.—In this section, except as 

14 provided in paragraph (2), the term ‘look-alike fire15 arm’ means any imitation of any original firearm 

16 which was manufactured, designed, and produced 

17 since 1898, including the following: 

18 ‘‘(A) Toy guns. 

19 ‘‘(B) Water guns. 

20 ‘‘(C) Replica nonguns. 

21 ‘‘(D) Air-soft guns firing nonmetallic pro22 jectiles. 

23 ‘‘(E) Traditional BB and pellet-firing air 

24 guns that expel a projectile through the force of 

25 air pressure. 


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1 ‘‘(2) EXCEPTIONS.—In this section, the term 

2 ‘look-alike firearm’ does not include the following: 

3 ‘‘(A) Any look-alike, nonfiring, collector 

4 replica of an antique firearm developed prior to 

5 1898. 

6 ‘‘(B) Paint-ball guns that expel a projectile 

7 through the force of air pressure.’’. 

8 (c) REVISION OF RULES.— 

9 (1) IN GENERAL.—Not later than 180 days 

10 after the date of the enactment of this Act, the Sec11 retary of Commerce and the Consumer Product 

12 Safety Commission shall review and revise the rules 

13 and regulations of the Department of Commerce and 

14 the Consumer Product Safety Commission, respec15 tively, to ensure that such rules and regulations are 

16 consistent with section 4 of the Federal Energy 

17 Management Improvement Act of 1988 (15 U.S.C. 

18 5001), as amended by this section. 

19 (2) NOTICE AND COMMENT.—The Secretary of 

20 Commerce and the Consumer Product Safety Com21 mission shall revise rules under paragraph (1) in ac22 cordance with section 553 of title 5, United States 

23 Code. 

24 (d) APPLICABILITY.—The amendments made by this 

25 section to section 4 of the Federal Energy Management 


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1 Improvement Act of 1988 (15 U.S.C. 5001) shall apply 

2 with respect to toy firearms, look-alike firearms, and imi3 tation firearms that are manufactured on or after the date 

4 that is 180 days after the date of the enactment of this 

5 Act. 

6 (e) TECHNICAL CORRECTION.—The second sub7 section (c) of section 4 of the Federal Energy Management 

8 Improvement Act of 1988 (15 U.S.C. 5001) (relating to 

9 a requirement for a technical evaluation) is redesignated 

10 as subsection (e). 

Æ 


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