Post by Husky on Jun 12, 2012 22:28:38 GMT -5
I was looking up the Federal Law Regarding Orange Tips for AEG's I ran across this nice article on www.northtexasairsoft.org referring to this and addressing it too me. I thought the information would be worthy to post to others interested in the legal side when they remove their orange tip on their AEG.
Hope this addresses any wondering you had on this subject as I did. Saying you do not have to have an orange tip on your AEG to play.
"Ever wondered if you can remove your ugly "shoot me, I'm right here" orange tip? Keep yourself from guessing and read on.
And don't worry, if you don't understand or care to read the entire law, then scroll past it as it will be laid out in layman's term's for you.
This posting is quoted from Section 4 of the Federal Energy Management Improvement Act of 1988, Title 15: Commerce and Foreign Trade:
Reference Number 1150.1:
"This part applies to toy, look-alike, and imitation firearms (“devices”) having the appearance, shape, and/or configuration of a firearm and produced or manufactured and entered into commerce on or after May 5, 1989, including devicesmodeledd on real firearms manufactured, designed, and produced since 1898. This part does not apply to:
(a) Non-firing collector replica antique firearms, which look authentic and may be a scale model but are not intended as toysmodeledd on real firearms designed, manufactured, and produced prior to 1898;
(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 American Society for Testing and Materials standard F 589–85, Standard Consumer Safety Specification for Non-Powder Guns, June 28, 1985...;
(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 (3 millimeters in height by seventy (70) millimeters in length, the length measurement excluding any gun stock length measurement.;
Reference Number 1150.2:
"No person shall manufacture, enter into commerce, ship, transport, or receive any toy, look-alike, or imitation firearm (“device”) covered by this part as set forth in §1150.1 of this part unless such device contains, or has affixed to it, one of the markings set forth in §1150.3 of this part, or unless this prohibition has been waived by §1150.4 of this part."
Reference Number 1150.3:
"The following markings are approved by the Secretary of Commerce:
(a) A blaze orange (Federal Standard 595a, February, 1987, color number 12199, issued by the General Services Administration) or orange color brighter than that specified by the federal 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 (Federal Standard 595a, February, 1987, color number 12199, issued by the General Services Administration) or orange color brighter than that specified by the Federal 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."
Reference Number 1150.4:
"The prohibitions set forth in §1150.2 of this part may be waived for any toy, look-alike or imitation firearm that will be used only in the theatrical, movie or television industries. A request for such a waiver should be made, in writing, to the Chief Counsel for Technology, United States Department of Commerce, Washington, DC 20230. The request must include a sworn affidavit which states that the toy, look-alike, or imitation firearm will be used only in the theatrical, movie or television industry. A sample of the item must be included with the request."
Reference Number 1150.5:
"In accordance with section 4(g) of the Federal Energy Management Improvement Act of 1988 (15 U.S.C. 5001(g)), the provisions of section 4(a) of that Act and the provisions of this part supersede any provision of State or local laws or ordinances which provides for markings or identification inconsistent with the provisions of section 4 of that Act or the provisions of this part."
EXPLANATION:
Now, it can be quite a bit to understand so let me break it down for you in layman's terms.
First of all it's important to note that 1150.1 (a), (b), (c), and (d) say what it does not include. So you may be thinking, 'Well, Nathan, you have quoted the wrong law since it clearly says in section (b) that it doesn't include b-b or pellet guns.' Well you'd be right, but it only applies to those that are gas powered, or spring powered. This DOES apply to AEG's! Again 1150.1 simply says what is not implied in this regulation, and thus all other replica weapons apply.
1150.2 is important because it clearly says that you cannot manufacture, sell, ship, transport, or even receive (including if it is given as a gift, or without you buying it) unless it has one of the markings that are described in 1150.3, which we will go ahead and go straight into. In order to sell, ship, transport, buy, borrow, or even receive Christmasstmas present, an airsoft AEG, it must have the "shoot me, I'm right here" orange tip on it, and it has to start from the very tip of the gun, and extend AT LEAST 6 mm down the flash hider. Now, it's interesting to note that, if you have an AEG like a Crossman or another AEG with a clear body, YOU DO NOT HAVE TO HAVE AN ORANGE TIP. The only other way around the orange tip is if you paint your AEG predominantly bright pink, bright blue, bright green, bright orange, bright yellow, bright red, or bright purple. Not sure about you, but I'd rather just go with the orange tip. But keep in mind, that the flash hider does not have to be orange as long as you have a bright orange barrel plug that covers, once again, at least 6 mm down the flash hider
1150.4 is quite simply for movie's, and usually applies to non-firing weapons or those replica's that are shipped for movie sets as props. So it doesn't apply to the context we're concerned about.
1150.5 is kind of important to some out-of-state players with different state laws regarding the orange tip. It basically says that, even if a state law says you don't need an orange tip, this federal code applies over it, and is the law and the letter. If a state law is more strict, or has more statutes regarding it, then those must be taken into consideration in addition to the federal code.
In short, you must have a blaze orange tip, or at the very least a blaze orange barrel plug, when you are selling your AEG, shipping your AEG, or even taking it to a game or op. If you do not have one, then you could find yourself in big trouble. Barrel plugs are incredibly cheap.
In fact, BAM! Blaze Orange Barrel Plug. Now you have no excuse for not having one. Throw it in with your next order or whatever, or just buy a nice flash hider and keep your orange one to put on when you are traveling to games.
This particular regulation does not include GBB pistols, GBB rifles, or even spring rifles and pistols. However, the same rules do apply. I'm working on finding the location of the exact regulation, but my advice would be not to even test it. Airsoft is all about safety and fun, so be safe and throw some orange on that muzzle so you can keep having fun.
And don't worry, if you don't understand or care to read the entire law, then scroll past it as it will be laid out in layman's term's for you.
This posting is quoted from Section 4 of the Federal Energy Management Improvement Act of 1988, Title 15: Commerce and Foreign Trade:
Reference Number 1150.1:
"This part applies to toy, look-alike, and imitation firearms (“devices”) having the appearance, shape, and/or configuration of a firearm and produced or manufactured and entered into commerce on or after May 5, 1989, including devicesmodeledd on real firearms manufactured, designed, and produced since 1898. This part does not apply to:
(a) Non-firing collector replica antique firearms, which look authentic and may be a scale model but are not intended as toysmodeledd on real firearms designed, manufactured, and produced prior to 1898;
(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 American Society for Testing and Materials standard F 589–85, Standard Consumer Safety Specification for Non-Powder Guns, June 28, 1985...;
(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 (3 millimeters in height by seventy (70) millimeters in length, the length measurement excluding any gun stock length measurement.;
Reference Number 1150.2:
"No person shall manufacture, enter into commerce, ship, transport, or receive any toy, look-alike, or imitation firearm (“device”) covered by this part as set forth in §1150.1 of this part unless such device contains, or has affixed to it, one of the markings set forth in §1150.3 of this part, or unless this prohibition has been waived by §1150.4 of this part."
Reference Number 1150.3:
"The following markings are approved by the Secretary of Commerce:
(a) A blaze orange (Federal Standard 595a, February, 1987, color number 12199, issued by the General Services Administration) or orange color brighter than that specified by the federal 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 (Federal Standard 595a, February, 1987, color number 12199, issued by the General Services Administration) or orange color brighter than that specified by the Federal 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."
Reference Number 1150.4:
"The prohibitions set forth in §1150.2 of this part may be waived for any toy, look-alike or imitation firearm that will be used only in the theatrical, movie or television industries. A request for such a waiver should be made, in writing, to the Chief Counsel for Technology, United States Department of Commerce, Washington, DC 20230. The request must include a sworn affidavit which states that the toy, look-alike, or imitation firearm will be used only in the theatrical, movie or television industry. A sample of the item must be included with the request."
Reference Number 1150.5:
"In accordance with section 4(g) of the Federal Energy Management Improvement Act of 1988 (15 U.S.C. 5001(g)), the provisions of section 4(a) of that Act and the provisions of this part supersede any provision of State or local laws or ordinances which provides for markings or identification inconsistent with the provisions of section 4 of that Act or the provisions of this part."
EXPLANATION:
Now, it can be quite a bit to understand so let me break it down for you in layman's terms.
First of all it's important to note that 1150.1 (a), (b), (c), and (d) say what it does not include. So you may be thinking, 'Well, Nathan, you have quoted the wrong law since it clearly says in section (b) that it doesn't include b-b or pellet guns.' Well you'd be right, but it only applies to those that are gas powered, or spring powered. This DOES apply to AEG's! Again 1150.1 simply says what is not implied in this regulation, and thus all other replica weapons apply.
1150.2 is important because it clearly says that you cannot manufacture, sell, ship, transport, or even receive (including if it is given as a gift, or without you buying it) unless it has one of the markings that are described in 1150.3, which we will go ahead and go straight into. In order to sell, ship, transport, buy, borrow, or even receive Christmasstmas present, an airsoft AEG, it must have the "shoot me, I'm right here" orange tip on it, and it has to start from the very tip of the gun, and extend AT LEAST 6 mm down the flash hider. Now, it's interesting to note that, if you have an AEG like a Crossman or another AEG with a clear body, YOU DO NOT HAVE TO HAVE AN ORANGE TIP. The only other way around the orange tip is if you paint your AEG predominantly bright pink, bright blue, bright green, bright orange, bright yellow, bright red, or bright purple. Not sure about you, but I'd rather just go with the orange tip. But keep in mind, that the flash hider does not have to be orange as long as you have a bright orange barrel plug that covers, once again, at least 6 mm down the flash hider
1150.4 is quite simply for movie's, and usually applies to non-firing weapons or those replica's that are shipped for movie sets as props. So it doesn't apply to the context we're concerned about.
1150.5 is kind of important to some out-of-state players with different state laws regarding the orange tip. It basically says that, even if a state law says you don't need an orange tip, this federal code applies over it, and is the law and the letter. If a state law is more strict, or has more statutes regarding it, then those must be taken into consideration in addition to the federal code.
In short, you must have a blaze orange tip, or at the very least a blaze orange barrel plug, when you are selling your AEG, shipping your AEG, or even taking it to a game or op. If you do not have one, then you could find yourself in big trouble. Barrel plugs are incredibly cheap.
In fact, BAM! Blaze Orange Barrel Plug. Now you have no excuse for not having one. Throw it in with your next order or whatever, or just buy a nice flash hider and keep your orange one to put on when you are traveling to games.
This particular regulation does not include GBB pistols, GBB rifles, or even spring rifles and pistols. However, the same rules do apply. I'm working on finding the location of the exact regulation, but my advice would be not to even test it. Airsoft is all about safety and fun, so be safe and throw some orange on that muzzle so you can keep having fun.
Hope this addresses any wondering you had on this subject as I did. Saying you do not have to have an orange tip on your AEG to play.