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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