On 11 May 2023, the Consumer Products Safety Commission published a direct final rule to create a new part, 16 CFR 1272 to the Code of Federal Regulations, “Marking of Toy, Look-Alike, and Imitation Firearms.” The new part 1272 adopts in substance the Department of Commerce regulation found in 15 CFR Part 272.

The rule is effective 26 June 2023.

After the US President signed into law the Federal Energy Management Improvement Act Update, the authority for regulating the marking of toy, look-alike, and imitation firearms was transferred from the Department of Commerce to the Consumer Products Safety Commission (CPSC).

Newly created 16 CFR 1272, published on 11 May 2023 and effective 26 June 2023, applies to toy, look-alike, and imitation firearms having the appearance, shape, and or configuration of a firearm and produced or manufactured and entered into commerce on or after 5 May 1989 and does not apply to:

(a) Non-firing collector replica antique firearms;

(b) Traditional B–B, paint-ball, or pellet-firing air guns that expel a projectile through the force of compressed air, compressed gas or mechanical spring action, or any combination thereof, as described in ASTM F589–85 Standard Consumer Safety Specification for Non-Powder Guns;

(c) Decorative, ornamental, and miniature objects having the appearance, shape and/or configuration of a firearm, including those intended to be displayed on a desk or worn on bracelets, necklaces, key chains, and so on, provided that the objects measure no more than thirty-eight (38) millimeters in height by seventy (70) millimeters in length, the length measurement excluding any gun stock length measurement.

The following markings are approved by the CPSC:

(a) A blaze orange (AMS STD 595A–17 color 12199) or orange color brighter than that specified by the AMS standard color number, solid plug permanently affixed to the muzzle end of the barrel as an integral part of the entire device and recessed no more than 6 millimeters from the muzzle end of the barrel.

(b) A blaze orange (AMS STD 595A–17 color 12199) or orange color brighter than that specified by the AMS standard color number, marking permanently affixed to the exterior surface of the barrel, covering the circumference of the barrel from the muzzle end for a depth of at least 6 millimeters.

(c) Construction of the device entirely of transparent or translucent materials which permits unmistakable observation of the device's complete contents.

(d) Coloration of the entire exterior surface of the device in 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.

(e) SAE AMS STD 595A–17, Colors Used in Government Procurement, approved 10 February 2017, is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a), Freedom of Information Act and 1 CFR Part 51, Incorporation by Reference.

Source:

https://www.federalregister.gov/documents/2023/05/11/2023-09999/marking-of-toy-look-alike-and-imitation-firearms

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