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Gender: Male
Hometown: Eastern North Carolina
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Member since: Wed Dec 1, 2004, 04:09 PM
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Those aren't toys. Your link has law-enforcement training replicas, and

replicas made for collectors (popular in Japan and a handful of other nations where collecting actual firearms is hard), and inexpensive movie props (much cheaper than blank-firing guns, and you can dub in muzzle flashes in post-processing).

15 USC 5001 covers all toys, but exempts both non-toys (like training replicas and collectibles) and actual weapons (e.g. airguns).

And yes, a Daisy Red Ryder is not a toy; it is a .177 caliber air rifle firing a projectile capable of causing serious injury if misused. They are trainers for real guns, and should be treated the respect afforded real guns, even if the consequences of an accident are sublethal. My son had one when he was younger, and I kept it in the safe and ensured he followed the Four Rules as if it were a .22.

As to *criminals* painting toys to look real or buying realistic looking replicas in order to carry out crimes, we could bring our murder rate down if we convinced more criminals to use nonfiring replicas, no? Yes, it presents an occupational hazard that the criminal using one for robberies might get himself shot in the belief that it was real, but if a career criminal is going to commit armed robbery then I'd much rather they do it with a fake gun than with a knife or an actual firearm. Not many innocent people a year are murdered with nonfiring replicas or Airsofts, and even the suicides-by-cop via replicas are a tiny fraction of suicides by firearms, falls, hanging, or blades, no?

They don't. That's *ALREADY* the law, since 1988 (15 U.S. Code 5001).


15 U.S. Code § 5001 - Penalties for entering into commerce of imitation firearms

Current through Pub. L. 114-38. (See Public Laws for the current Congress.)

(a) Acts prohibited

It shall be unlawful for any person to manufacture, enter into commerce, ship, transport, or receive any toy, look-alike, or imitation firearm unless such firearm contains, or has affixed to it, a marking approved by the Secretary of Commerce, as provided in subsection (b).

(b) Distinctive marking or device; exception; waiver; adjustments and changes

(1) Except as provided in paragraph (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) The Secretary of Commerce may provide for an alternate marking or device for any toy, look-alike, or imitation firearm not capable of being marked as provided in paragraph (1) and may waive the requirement 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.

(3) The Secretary is authorized to make adjustments and changes in the marking system provided for by this section, after consulting with interested persons.

(c) “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 and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles. Such term does not include any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional B–B, paint-ball, or pellet-firing air guns that expel a projectile through the force of air pressure.

(d) Study and report

The Director of the Bureau of Justice Statistics is authorized and directed to conduct a study of the criminal misuse of toy, look-alike and imitation firearms, including studying police reports of such incidences and shall report on such incidences relative to marked and unmarked firearms.
(c) [1] Technical evaluation of marking systems

The Director of [2] National Institute of Justice is authorized and directed to conduct a technical evaluation of the marking systems provided for in subsection (b) to determine their effectiveness in police combat situations. The Director shall begin the study within 3 months after November 5, 1988, and such study shall be completed within 9 months after November 5, 1988.

(f) Effective date

This section shall become effective on the date 6 months after November 5, 1988, and shall apply to toy, look-alike, and imitation firearms manufactured or entered into commerce after November 5, 1988.

(g) Preemption of State or local laws or ordinances; exceptionsThe provisions of this section shall supersede any provision of State or local laws or ordinances which provide for markings or identification inconsistent with provisions of this section provided that no State shall—

(i) prohibit the sale or manufacture of any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898, or

(ii) prohibit the sale (other than prohibiting the sale to minors) of traditional B–B, paint ball, or pellet-firing air guns that expel a projectile through the force of air pressure.

(Pub. L. 100–615, § 4, Nov. 5, 1988, 102 Stat. 3190.)

What you're advocating is to take the rules for toys and apply them to *non* toys, e.g. BB guns, collector's replicas, and Airsoft replicas, by repealing the exemption for non-toys in 15 U.S. Code § 5001(c). Talking about "toy guns" when talking about expanding the toy rules to non-toys is a bad-faith bait and switch.
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