PRINTER'S NO. 2228
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1545
Session of
2015
INTRODUCED BY CRUZ, YOUNGBLOOD, D. COSTA, V. BROWN, THOMAS,
BOYLE, SCHLOSSBERG AND COHEN, SEPTEMBER 29, 2015
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 29, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, providing for the sale of toy or imitation firearms
and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 6128. Sale of toy or imitation firearms.
(a) General rule.--No person, firm or corporation or any
agent or employee thereof shall import, manufacture, sell, hold
for sale or distribute within this Commonwealth any toy or
imitation firearm which substantially duplicates or can be
reasonably perceived to be an actual firearm unless:
(1) The entire exterior surface of the toy or imitation
firearm 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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
(2) The toy or imitation firearm is constructed entirely
of transparent or translucent materials which permits
unmistakable observation of the toy or imitation firearm's
complete contents.
(3) The barrel of the toy or imitation firearm, other
than the barrel of any toy or imitation firearm that is a
water gun, is closed with the same material from which the
toy or imitation firearm is made for a distance of not less
than one-half inch from the front end of the barrel.
(4) The toy or imitation firearm has legibly stamped on
its exterior the name of the manufacturer or some trade name,
mark or brand by which the manufacturer can be readily
identified.
(5) The toy or imitation firearm does not have a laser
pointer attached.
(b) Exceptions.--Subsection (a) shall not apply to any of
the following:
(1) The possession or display of toy or imitation
firearms by a manufacturer or dealer solely for subsequent
transportation in interstate commerce.
(2) Any toy or imitation firearm that will be used only
for or in the production of television programs or theatrical
or motion picture presentations.
(3) Antique firearms as defined in section 6118
(relating to antique firearms).
(c) Penalties.--In addition to any other sanction or penalty
imposed by this chapter, any person, firm or corporation or any
agent or employee thereof that violates this section shall be
liable in civil damages in the amount of $1,000 per occurrence
or three times the actual damages incurred as a result of the
20150HB1545PN2228 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
violation, whichever is greater, as well as reasonable attorney
fees.
(d) Definitions.--For purposes of this section, the term
"toy or imitation firearm" shall mean any device or object made
of plastic, wood, metal or any other material which
substantially duplicates or can be perceived to be an actual
firearm, air rifle, pellet gun or B-B gun.
Section 2. This act shall take effect in 120 days.
20150HB1545PN2228 - 3 -
1
2
3
4
5
6
7
8