Text: SF02312 Text: SF02314 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 724.31 REPLICA OR FACSIMILE
1 2 FIREARMS.
1 3 1. A person shall not display, market for sale, or sell
1 4 any replica or facsimile of a firearm. This subsection shall
1 5 not apply to any replica or facsimile firearm which, because
1 6 of its distinct color, exaggerated size, or other design
1 7 feature, cannot reasonably be perceived to be a firearm, or to
1 8 be an antique firearm as defined in section 724.25. A person
1 9 who violates this subsection commits a serious misdemeanor.
1 10 2. A person shall not draw, exhibit, or brandish a replica
1 11 or facsimile of a firearm or simulate a firearm in the
1 12 presence of a law enforcement officer, fire fighter, emergency
1 13 medical technician, or paramedic engaged in the performance of
1 14 official duties when the person committing the act knows or
1 15 has reason to know that the law enforcement officer, fire
1 16 fighter, emergency medical technician, or paramedic is engaged
1 17 in the performance of official duties. A person who violates
1 18 this subsection commits an aggravated misdemeanor.
1 19 3. As used in this section, "replica or facsimile of a
1 20 firearm" means any device or object made of plastic, wood,
1 21 metal, or any other material which is a replica, facsimile, or
1 22 toy version of, or is otherwise recognizable as, a pistol,
1 23 revolver, shotgun, sawed-off shotgun, rifle, machine gun,
1 24 rocket launcher, or any other firearm. As used in this
1 25 section, "replica or facsimile of a firearm" includes, but is
1 26 not limited to, a toy gun, movie prop, hobby model, starter
1 27 pistol, air gun, inoperative firearm, or any other device that
1 28 might reasonably be perceived to be a firearm.
1 29 EXPLANATION
1 30 This bill creates two new criminal offenses in Code chapter
1 31 724 relating to replica or facsimile firearms and provides
1 32 penalties.
1 33 The bill provides that a person shall not display, market
1 34 for sale, or sell any replica or facsimile of a firearm. The
1 35 bill provides that this prohibition shall not apply to any
2 1 replica or facsimile firearm which, because of its distinct
2 2 color, exaggerated size, or other design feature, cannot
2 3 reasonably be perceived to be a firearm, or to be an antique
2 4 firearm as defined in Code section 724.25. A person who
2 5 violates this provision is guilty of a serious misdemeanor. A
2 6 serious misdemeanor is punishable by confinement for no more
2 7 than one year and a fine of at least $250 but not more than
2 8 $1,500.
2 9 The bill further provides that a person shall not draw,
2 10 exhibit, or brandish a replica or facsimile of a firearm or
2 11 simulate a firearm in the presence of a law enforcement
2 12 officer, fire fighter, emergency medical technician, or
2 13 paramedic engaged in the performance of official duties when
2 14 the person committing the act knows or has reason to know that
2 15 the law enforcement officer, fire fighter, emergency medical
2 16 technician, or paramedic is engaged in the performance of
2 17 official duties. A person who violates this provision is
2 18 guilty of an aggravated misdemeanor. An aggravated
2 19 misdemeanor is punishable by confinement for no more than two
2 20 years and a fine of at least $500 but not more than $5,000.
2 21 As used in the bill, "replica or facsimile of a firearm"
2 22 means any device or object made of plastic, wood, metal, or
2 23 any other material which is a replica, facsimile, or toy
2 24 version of, or is otherwise recognizable as, a pistol,
2 25 revolver, shotgun, sawed-off shotgun, rifle, machine gun,
2 26 rocket launcher, or any other firearm, to include, but not be
2 27 limited to, a toy gun, movie prop, hobby model, starter
2 28 pistol, air gun, inoperative firearm, or any other device that
2 29 might reasonably be perceived to be a firearm.
2 30 LSB 5613XS 79
2 31 rh/sh/8
Text: SF02312 Text: SF02314 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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