State of Florida Proposes Prohibiting the Sale of Imitation Firearms
October 2007 (07B-156)
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If passed, Florida Senate Bill No. 138 would prohibit the sale of imitation firearms effective October 1, 2008. Requirements for toy guns in the proposed Bill while similar to those in 15 CFR 1150, also provide for additional exemptions and penalties for violations. As of September 6, 2007, this Bill has been filed with the Florida Senate and is pending further action.
At Bureau Veritas we are committed to keeping you up-to-date and will inform you should this Bill pass and become law. |
OVERVIEW OF THE PROPOSED BILL
Definition: Imitation firearms are defined in SB No. 138 as “any toy gun, replica of a firearm, air-soft gun that fires nonmetallic projectiles, or other device that is so substantially similar in coloration and overall appearance to a firearm, as defined in s. 790.001, Florida Statutes, as to lead a reasonable person to believe that the device is a firearm.”
Exemptions to this bill are similar to those exemptions referenced in The Code of Federal Regulations 15 CFR 1150:
 Nonfiring collector replica antique firearms designed before 1898
Traditional BB, paintball, or pellet-firing air guns
Imitation firearms sold or offered for sale for the sole purposes of theatrical
productions, including motion picture, television, and stage productions.
In addition, Florida is proposing the following exemptions that are similar to imitation firearm statutes in the states of California, Kansas, and New York:
Imitation firearms sold or offered for sale for the sole purposes of:
-- Export in interstate or foreign commerce
-- Use in certified or regulated sporting events or competitions
-- Military or civil defense activities or ceremonial activities
-- Public displays authorized by public or private schools
Design requirements for imitation firearms proposed by the state of Florida are similar to those of 15 CFR 1150 and imitation firearm statutes in the states of California, Kansas, and New York.
A blaze orange solid plug or marking permanently affixed and recessed to
the muzzle end of the barrel for a depth of no more than 6 millimeters
The entire exterior surface is colored white, bright red,
bright orange, bright yellow, bright green, bright blue, bright pink, or bright
purple, either singly or as the predominant color in combination with
other colors in any pattern; or
Transparent or translucent materials are used to permit unmistakable
observation of the imitation firearms complete contents.
Violations proposed for this Florida Bill include the following:
Misdemeanor of the first degree for the first offense, punishable as provided
in Florida statutes sections 775.082 or 775.083
Felony of the third degree for the second and subsequent offenses,
punishable as provided in Florida statutes sections 775.082 or 775.083
For more information, visit: Florida Senate Bill No.138: http://tinyurl.com/2m6dx3
How to Comply with Imitation Firearm Regulations
Bureau Veritas can review your product for the appropriate imitation firearms requirements for compliance with 15 CFR 1150, other U. S. state regulations and the new UK Statute which is effective as of October 1, 2007.
Bureau Veritas: An Industry Leader in Toy Testing
Bureau Veritas is a leader in consumer products testing services, with experienced technical professionals. We routinely deliver consulting and testing services to determine if children’s products meet governmental regulations and industry standards, including:
American Society of Testing and Materials (ASTM)
U.S. Consumer Product Safety Commission (CPSC)
U.S. Food and Drug Administration (FDA)
Juvenile Products Manufacturer’s Association (JPMA)
Health Canada
European Committee for Standarization (CEN)
European Commission Directives
Country standards, including Europe, Asia and Latin America
Comprehensive Toy Testing Services Available
In addition to providing consulting and testing for imitation toy firearms, we offer comprehensive quality assurance services for toy testing including:
Analytical Testing
Use and Abuse Testing
Life/Reliability Testing
Age Grade Evaluations
Please contact us directly for details.
Contact Information
Please contact your client services representative or Dave Dick, Senior Product Engineer, (800) 277-3300, ext. 3501, (716) 505-3501 or via email dave.dick@us.bureauveritas.com.
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Bureau Veritas Consumer Products Services, Inc. (“BVCPS”) provides the information in this client bulletin as a resource of general information. It does not replace any applicable legal or regulatory requirements and is provided “as is.” BVCPS will not be liable for any indirect, special, punitive, consequential or other damages (including without limitation lost profits) of any kind in connection with this client bulletin. BVCPS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS CLIENT BULLETIN.
Copyright © 2007 Bureau Veritas Consumer Products Services, Inc. All Rights Reserved
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