I 

114TH CONGRESS 

1ST SESSION H. R. 3224 

To regulate the sale of cases and covers that resemble firearms, to amend 

the Consumer Product Safety Improvement Act of 2008 with respect 

to the regulation of toy, look-alike, and imitation firearms, and to provide 

penalties for a violation of such regulations. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2015 

Mr. ENGEL (for himself and Mr. GRIJALVA) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To regulate the sale of cases and covers that resemble firearms, to amend the Consumer Product Safety Improvement Act of 2008 with respect to the regulation of toy, 

look-alike, and imitation firearms, and to provide penalties for a violation of such regulations. 

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 ‘‘Gun Look-Alike Case 

5 Act’’. 


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1 SEC. 2. PROHIBITION ON TOY, LOOK-ALIKE, AND IMITATION 

2 FIREARMS. 

3 (a) AMENDMENT.—Title I of the Consumer Product 

4 Safety Improvement Act of 2008 (15 U.S.C. 1278a et 

5 seq.) is amended by adding at the end the following new 

6 section: 

7 ‘‘SEC. 109. PROHIBITION ON TOY, LOOK-ALIKE, AND IMITA8 TION FIREARMS. 

9 ‘‘(a) ACTS PROHIBITED.—It shall be unlawful for any 

10 person to manufacture, enter into commerce, ship, trans11 port, or receive any toy, look-alike, or imitation firearm 

12 unless such firearm contains, or has affixed to it, a mark13 ing approved by the Commission, as provided subsection 

14 (b). 

15 ‘‘(b) DISTINCTIVE MARKING OR DEVICE; EXCEP16 TION; WAIVER; ADJUSTMENTS AND CHANGES.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2) or (3), each toy, look-alike, or imitation 

19 firearm shall have as an integral part, permanently 

20 affixed, a blaze orange plug inserted in the barrel of 

21 such toy, look-alike, or imitation firearm. Such plug 

22 shall be recessed no more than 6 millimeters from 

23 the muzzle end of the barrel of such firearm. 

24 ‘‘(2) ALTERNATIVE MARKINGS.—The Commis25 sion may issue regulations to provide for an alter26 nate marking or device for any toy, look-alike, or 


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1 imitation firearm not capable of being marked as 

2 provided in paragraph (1) and may waive the re3 quirement of any such marking or device for any 

4 toy, look-alike, or imitation firearm that will only be 

5 used in the theatrical, movie, or television industry. 

6 The Commission is authorized to make adjustments 

7 and changes in the marking system provided for by 

8 this section, after consulting with interested persons. 

9 ‘‘(3) APPLICABILITY OF FORMER REGULA10 TIONS.—Unless and until the Commission issues 

11 regulations approving other markings or providing 

12 an alternate marking or device under this sub13 section, part 1150 of title 15, Code of Federal Regu14 lations, as in effect on the day before the date of en15 actment of this Act, shall apply as if promulgated by 

16 the Commission. Markings approved under section 

17 1150.3 of such part shall be considered markings 

18 approved by the Commission for purposes of sub19 section (a). 

20 ‘‘(c) LOOK-ALIKE FIREARM DEFINED.—For pur21 poses of this section, the term ‘look-alike firearm’ means 

22 any imitation of any original firearm which was manufac23 tured, designed, and produced since 1898, including and 

24 limited to toy guns, water guns, replica nonguns, air-soft 

25 guns firing nonmetallic projectiles, and cases and covers 


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1 for products where such case or cover has the appearance, 

2 shape, or configuration of a firearm. Such term does not 

3 include any look-alike, nonfiring, collector replica of an an4 tique firearm developed prior to 1898, or traditional B– 

5 B, paint-ball, or pellet-firing air guns that expel a projec6 tile through the force of air pressure. 

7 ‘‘(d) TREATMENT OF VIOLATION.—A violation of 

8 subsection (a) shall be treated as a violation of section 

9 19(a)(1) of the Consumer Product Safety Act (15 U.S.C. 

10 2068(a)(1)). 

11 ‘‘(e) TREATMENT AS CONSUMER PRODUCT SAFETY

12 STANDARDS; EFFECT ON STATE LAWS.—Subsections (a) 

13 and (b) shall be considered consumer product safety 

14 standards under the Consumer Product Safety Act. 

15 ‘‘(f) PREEMPTION OF STATE OR LOCAL LAWS OR OR16 DINANCES; EXCEPTIONS.—The provisions of this section 

17 shall supersede any provision of State or local laws or ordi18 nances which provide for markings or identification incon19 sistent with provisions of this section provided that no 

20 State shall— 

21 ‘‘(1) prohibit the sale or manufacture of any 

22 look-alike, nonfiring, collector replica of an antique 

23 firearm developed prior to 1898; or 

24 ‘‘(2) prohibit the sale (other than prohibiting 

25 the sale to minors) of traditional B–B, paint ball, or 


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1 pellet-firing air guns that expel a projectile through 

2 the force of air pressure.’’. 

3 (b) REPEAL.—Section 4 of the Federal Energy Man4 agement Improvement Act of 1988 (15 U.S.C. 5001) is 

5 repealed. 

Æ 


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