To provide a technical correction to the Federal preemption of State or local laws concerning the markings and identification of imitation or toy firearms entering into interstate commerce.

April 12, 2005

Mr. ISSA introduced the following bill; which was referred to the Committee on Energy and Commerce

To provide a technical correction to the Federal preemption of State or local laws concerning the markings and identification of imitation or toy firearms entering into interstate commerce.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Toy Gun Marking Improvement Act'.

SEC. 2. PREEMPTION OF STATE OR LOCAL LAWS CONCERNING THE MARKINGS AND IDENTIFICATION OF IMITATION OR TOY FIREARMS.

Section 4(g) of the Federal Energy Management Improvement Act of 1988 (15 U.S.C. 5001(g)) is amended by striking `which provide for markings' and all that follows through `firearm developed prior to 1898; or' and inserting the following: `relating to markings, identification, or sale of toy, look-alike, and imitation firearms. No State or local subdivision shall--

`(1) prohibit the sale or manufacture of any look-alike, nonfiring, toy or collector replica of an antique firearm developed prior to 1898; or'.

END