---
kind: "section"
citation: "15 U.S.C. § 5001"
title: "15"
title_heading: "Commerce and Trade"
number: "5001"
heading: "Penalties for entering into commerce of imitation firearms"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/5001"
units:
  - "Chapter 76 — Imitation Firearms"
---

# §5001. Penalties for entering into commerce of imitation firearms

- (a) **Acts prohibited—** It shall be unlawful for any [person](/usc/15/7a.md?p=6) 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 Consumer Product Safety Commission, as provided in [subsection (b)](#b).
- (b) **Distinctive marking or device; exception; waiver; adjustments and changes—**
  - (1) Except as provided in paragraph [(2)](#b-2) or [(3)](#b-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 Consumer Product Safety Commission may provide for an alternate marking or [device](/usc/15/55.md?p=d) for any toy, look-alike, or imitation firearm not capable of being marked as provided in [paragraph (1)](#b-1) and may waive the requirement of any such marking or [device](/usc/15/55.md?p=d) for any toy, look-alike, or imitation firearm that will only be used in the theatrical, movie or television industry.
  - (3) The Consumer Product Safety Commission is authorized to make adjustments and changes in the marking system provided for by this section, after consulting with interested [persons](/usc/15/7a.md?p=6).
- (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.
- (e) **Technical evaluation of marking systems—** The Director of[^1] National Institute of Justice is authorized and directed to conduct a technical evaluation of the marking systems provided for in [subsection (b)](#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; exceptions—** The provisions of this section shall supersede any provision of [State](/usc/15/15g.md?p=2) or local laws or ordinances which provide for markings or identification inconsistent with provisions of this section provided that no [State](/usc/15/15g.md?p=2) 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 pellet-firing air guns that expel a projectile through the force of air pressure.

## Footnotes

[^1]: So in original. Probably should be “of the”.

## Source credit

(Pub. L. 100–615, § 4, Nov. 5, 1988, 102 Stat. 3190; Pub. L. 117–167, div. B, title II, § 10246(e), Aug. 9, 2022, 136 Stat. 1492.)

## Notes

### Editorial Notes

### Amendments

2022—Subsecs. (a), (b)(2). Pub. L. 117–167, § 10246(e)(1), substituted “Consumer Product Safety Commission” for “Secretary of Commerce”.

Subsec. (b)(3). Pub. L. 117–167, § 10246(e)(1), substituted “Consumer Product Safety Commission” for “Secretary”.

Subsecs. (c), (e). Pub. L. 117–167, § 10246(e)(2), redesignated subsec. (c) relating to technical evaluation of marking systems as (e).

Subsec. (g). Pub. L. 117–167, § 10246(e)(3), redesignated cls. (i) and (ii) as pars. (1) and (2), respectively.