SEC. 2. PROHIBITION ON TOY, LOOK-ALIKE, AND IMITATION 
FIREARMS. 
(a) AMENDMENT.—Title I of the Consumer Product 
Safety Improvement Act of 2008 (15 U.S.C. 1278a et 
seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 109. PROHIBITION ON TOY, LOOK-ALIKE, AND IMITA-
TION FIREARMS. 
‘‘(a) ACTS PROHIBITED.—It shall be unlawful for any 
person to manufacture, enter into commerce, ship, trans-
port, or receive any toy, look-alike, or imitation firearm 
unless such firearm contains, or has affixed to it, a mark-
ing approved by the Commission, as provided subsection 
(b). 
‘‘(b) DISTINCTIVE MARKING
OR DEVICE; EXCEP-
TION; WAIVER; ADJUSTMENTS AND CHANGES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (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) ALTERNATIVE MARKINGS.—The Commis-
sion may issue regulations to provide for an alter-
nate marking or device for any toy, look-alike, or 
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imitation firearm not capable of being marked as 
provided in paragraph (1) and may waive the re-
quirement 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. 
The Commission is authorized to make adjustments 
and changes in the marking system provided for by 
this section, after consulting with interested persons. 
‘‘(3) APPLICABILITY
OF
FORMER
REGULA-
TIONS.—Unless and until the Commission issues 
regulations approving other markings or providing 
an alternate marking or device under this sub-
section, part 1150 of title 15, Code of Federal Regu-
lations, as in effect on the day before the date of en-
actment of this Act, shall apply as if promulgated by 
the Commission. Markings approved under section 
1150.3 of such part shall be considered markings 
approved by the Commission for purposes of sub-
section (a). 
‘‘(c) LOOK-ALIKE FIREARM DEFINED.—For pur-
poses of this section, the term ‘look-alike firearm’ means 
any imitation of any original firearm which was manufac-
tured, designed, and produced since 1898, including and 
limited to toy guns, water guns, replica nonguns, air-soft 
guns firing nonmetallic projectiles, and cases and covers 
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for products where such case or cover has the appearance, 
shape, or configuration of a firearm. Such term does not 
include any look-alike, nonfiring, collector replica of an an-
tique firearm developed prior to 1898, or traditional B– 
B, paint-ball, or pellet-firing air guns that expel a projec-
tile through the force of air pressure. 
‘‘(d) TREATMENT
OF VIOLATION.—A violation of 
subsection (a) shall be treated as a violation of section 
19(a)(1) of the Consumer Product Safety Act (15 U.S.C. 
2068(a)(1)). 
‘‘(e) TREATMENT AS CONSUMER PRODUCT SAFETY 
STANDARDS; EFFECT ON STATE LAWS.—Subsections (a) 
and (b) shall be considered consumer product safety 
standards under the Consumer Product Safety Act. 
‘‘(f) PREEMPTION OF STATE OR LOCAL LAWS OR OR-
DINANCES; EXCEPTIONS.—The provisions of this section 
shall supersede any provision of State or local laws or ordi-
nances which provide for markings or identification incon-
sistent 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 
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pellet-firing air guns that expel a projectile through 
the force of air pressure.’’. 
(b) REPEAL.—Section 4 of the Federal Energy Man-
agement Improvement Act of 1988 (15 U.S.C. 5001) is 
repealed. 
Æ 
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