Selling replica guns- 'orange tip' laws?

[helix_3]

Hello everyone!

I'm making my first-ever prop sales, and I'm very excited. I'm slightly worried about running into legal trouble, however. I found this quote: "In 1988 the (US) Federal Government passed a law that states It shall be unlawful for any person to manufacture, enter into commerce, ship, transport, or receive any toy, look-alike, or imitation firearm unless such firearm contains, or has affixed to it, a marking approved by the Secretary of Commerce, as provided in subsection (b) of this section."

I'd like to sell completely non-functional, replica 1:1 scale firearms to public consumers over the internet. I don't want to permanently affix an orange tip to them. How exactly does the law work here? I know people buy and sell un-marked replicas every day, but I don't want to risk opening myself to lawsuits or legal persecution.

Thanks for any and all advice.

 

[James Kenobi 1138]

'Permanently Attached' could mean you use easily removable Elmer's glue to secure the orange plug.

It's permanent in that it's 'glued in', and you can't control what the end user does with their purchase.

 

[LaughingAndroid]

I think so long as you have photos of it with an orange tip you will be fine
James nailed it "you can't control what the end user does with their purchase"

A blaster I got had a painted orange tip. Its amazing how easy paint is to get off, especially cheap orange acrylic paint from walmart that costs 55 cents, the gloss paint peels right off....just a fun tidbit.

 

[Xxblackbird]

I see replica guns, airsoft guns and bb guns for sale all the time without orange tips. I'm not 100% sure that's what they're talking about.

 

[ajones1138]

Just to play it safe, I'd tack on an orange tip- it's one thing if you're just selling one to another member in the junkyard, but selling to the public in general could get problematic without the orange tip. And at least in airsoft, "permanently attached" generally just means "easily removable and replaced".

Just my two cents as an airsofter who's removed the orange tip from all of his guns.

 

[helix_3]

Just to play it safe, I'd tack on an orange tip- it's one thing if you're just selling one to another member in the junkyard, but selling to the public in general could get problematic without the orange tip. And at least in airsoft, "permanently attached" generally just means "easily removable and replaced".

Just my two cents as an airsofter who's removed the orange tip from all of his guns.

Thanks for the advice. In your experience, are the tips ever added in the form of tape or stickers? Or are they always physical tips attached onto the rest of the gun?

 

[Darthwolf7]

I use an Elmer's glue stick...the orange plugs "pop" right out if the user do desires... you can buy the tips on eBay in bulk wicked cheap!!! Cheers!!
PS- I have never had an issue...

From the mobile office of Wolf Navarro

 

[robstyle]

easy work around, go to the crafts store and pick up a dollar bottle of blaze orange poster paint, dip the tip in and let it dry, dip again as needed to build it up. DONT brush it on, dip it. Some warm water will remove it yet it will be durable enough to not flake off with a customs agents fingernail.

 

[skyconlb]

If the rep gun has a realistic barrel, you could make a "cork." Just cut a piece of foam or wood out with a slightly smaller diameter than the gun's barrel and pop it in. If you make the cork about 2 1/2 in. long and dont put it in all the way (hehe) I think that would be sufficient. :thumbsup

 

[gunnerk19]

I've seen toy/replica/airsoft guns for sale on ebay where the sellers have simply pushed an orange electrical wire nut or an orange foam ear plug into the muzzle and let it go at that :lol

 

[Mara Jade's Father]

When I've sold gun replicas on ebay, I've used orange foam ear plugs (unused of course). You roll them thin with your finger, stuff them in, and let them expand to fit snug in the barrel. Easy to pull out with a corkscrew, tweezers, etc...

 

[Chrisisall]

CYA is my realistic replica motto.