12-16,115.   Imitation firearms; civil penalty for sale, manufacture ordistribution.(a) Any person who sells,manufactures or distributes an imitation firearm in violation of thissection shall be liable for a civil penalty in an action brought by thecity attorney of the city or the county or district attorney of the countyof not more than $10,000 for each violation. Penalties recovered pursuantto this section shall be deposited in the general fund of the city or county.

      (b)   The sale, manufacture or distribution of imitation firearms shall bepermissible if the imitation firearm is sold, manufactured or distributed:

      (1)   Solely for export in interstate or foreign commerce;

      (2)   solely for lawful use in theatrical productions, including motionpicture, television and stage productions;

      (3)   for use in a certified or regulated athleticevent or competition;

      (4)   for use in military or civil defense activities; or

      (5)   for public displays authorized by public or private schools.

      (c)   As used in this section, the term "imitation firearm" means areplica of a firearm which is so substantially similar in physicalproperties to an existing firearm as to lead a reasonable person toconclude that the replica is a firearm. The term "imitation firearm" doesnot include: (1) A nonfiring collector'sreplica of an antique firearm which was designed prior to 1898, ishistorically significant, and is offered for sale in conjunction with awall plaque or presentation case; (2) a nonfiring collector's replica ofa firearm which was designed after 1898, is historically significant, wasissued as a commemorative by a nonprofit organization and is offered forsale in conjunction with a wall plaque or presentation case; or (3) apneumatic, spring, spring-air or compressed-gaspowered nonpowder gun that is commonly called an air gun and is designed todischarge BB's, pellets or paint balls.

      History:   L. 1990, ch. 96, § 1; July 1.