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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. MANDATORY STANDARD FOR THE MARKING OF 
IMITATION FIREARMS OR TOY FIREARMS. 
(a) SAFETY STANDARD.—Not later than 1 year after 
the date of enactment of this Act, the Consumer Product 
Safety Commission shall promulgate a final consumer 
product safety rule that provides for a distinctive marking 
or device for any toy, look-alike, or imitation firearm to 
distinguish the look-alike firearm from a firearm. The 
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Commission may waive the requirement of any such mark-
ing or device for any toy, look-alike, or imitation firearm 
that will only be used in the theatrical, movie, or television 
industry. 
(b) LOOK-ALIKE FIREARM DEFINED.—For purposes 
of this section, the term ‘‘look-alike firearm’’ means any 
imitation of any original firearm which was manufactured, 
designed, and produced since 1898, including toy guns, 
water guns, replica nonguns, and air-soft guns firing non-
metallic projectiles. Such term does not include any look- 
alike, nonfiring, collector replica of an antique firearm de-
veloped prior to 1898, or traditional BB, paint-ball, or pel-
let-firing air guns that expel a projectile through the force 
of air pressure. 
(c) PREEMPTION OF STATE OR LOCAL LAWS OR OR-
DINANCES.— 
(1) IN GENERAL.—The provisions of this sec-
tion shall supersede any provision of State or local 
law or ordinance relating to markings, identification, 
or sale of toy, look-alike, and imitation firearms. No 
State or political subdivision shall— 
(A) prohibit the sale or manufacturer of 
any look-alike, nonfiring to or collector replica 
of an antique firearm developed prior to 1898; 
or 
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(B) prohibit the sale (other than prohib-
iting the sale to minors) of traditional BB, 
paint ball, or pellet-firing air guns that expel a 
projectile through the force of air pressure 
(2) LIMITATION.—This subsection shall not 
apply to any provision of State or local law enacted 
prior to January 30, 1955, or any subsequent 
amendments enacted thereto, that prohibits the sale 
of any toy or imitation firearm that can reasonably 
be perceived to be an actual firearm unless the exte-
rior surface of the toy or imitation firearm is pre-
dominantly brightly colored. 
(d) EFFECT ON OTHER LAWS.—This Act shall super-
sede the provisions of section 4 of the Federal Energy 
Management Improvement Act of 1988 (15 U.S.C. 5001) 
at such time as the Commission promulgates a final rule 
pursuant to subsection (a). 
Æ 
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