I 

110TH CONGRESS 

2D SESSION H. R. 5471 

To require the Consumer Product Safety Commission to prescribe rules 

requiring distinctive markings on toy and look-alike firearms. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2008 

Mr. TOWNS (for himself and Mrs. BLACKBURN) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To require the Consumer Product Safety Commission to 

prescribe rules requiring distinctive markings on toy and 

look-alike firearms. 

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

3 SECTION 1. MANDATORY STANDARD FOR THE MARKING OF 

4 IMITATION FIREARMS OR TOY FIREARMS. 

5 (a) SAFETY STANDARD.—Not later than 1 year after 

6 the date of enactment of this Act, the Consumer Product 

7 Safety Commission shall promulgate a final consumer 

8 product safety rule that provides for a distinctive marking 

9 or device for any toy, look-alike, or imitation firearm to 

10 distinguish the look-alike firearm from a firearm. The 


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1 Commission may waive the requirement of any such mark2 ing or device for any toy, look-alike, or imitation firearm 

3 that will only be used in the theatrical, movie, or television 

4 industry. 

5 (b) LOOK-ALIKE FIREARM DEFINED.—For purposes 

6 of this section, the term ‘‘look-alike firearm’’ means any 

7 imitation of any original firearm which was manufactured, 

8 designed, and produced since 1898, including toy guns, 

9 water guns, replica nonguns, and air-soft guns firing non10 metallic projectiles. Such term does not include any look11 alike, nonfiring, collector replica of an antique firearm de12 veloped prior to 1898, or traditional BB, paint-ball, or pel13 let-firing air guns that expel a projectile through the force 

14 of air pressure. 

15 (c) PREEMPTION OF STATE OR LOCAL LAWS OR OR16 DINANCES.— 

17 (1) IN GENERAL.—The provisions of this sec18 tion shall supersede any provision of State or local 

19 law or ordinance relating to markings, identification, 

20 or sale of toy, look-alike, and imitation firearms. No 

21 State or political subdivision shall— 

22 (A) prohibit the sale or manufacturer of 

23 any look-alike, nonfiring to or collector replica 

24 of an antique firearm developed prior to 1898; 

25 or 


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1 (B) prohibit the sale (other than prohib2 iting the sale to minors) of traditional BB, 

3 paint ball, or pellet-firing air guns that expel a 

4 projectile through the force of air pressure 

5 (2) LIMITATION.—This subsection shall not 

6 apply to any provision of State or local law enacted 

7 prior to January 30, 1955, or any subsequent 

8 amendments enacted thereto, that prohibits the sale 

9 of any toy or imitation firearm that can reasonably 

10 be perceived to be an actual firearm unless the exte11 rior surface of the toy or imitation firearm is pre12 dominantly brightly colored. 

13 (d) EFFECT ON OTHER LAWS.—This Act shall super14 sede the provisions of section 4 of the Federal Energy 

15 Management Improvement Act of 1988 (15 U.S.C. 5001) 

16 at such time as the Commission promulgates a final rule 

17 pursuant to subsection (a). 

Æ 


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