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A bill to be entitled

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An act relating to imitation firearms; defining the term

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"imitation firearm"; prohibiting the sale of an imitation

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firearm; providing exceptions; providing penalties for a

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person who sells an imitation firearm; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. Sale of imitation firearms prohibited;

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penalties.--

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     (1) As used in this section, the term "imitation firearm"

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means any toy gun, replica of a firearm, air-soft gun that fires

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nonmetallic projectiles, or other device that is so substantially

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similar in coloration and overall appearance to a firearm, as

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defined in s. 790.001, Florida Statutes, as to lead a reasonable

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person to believe that the device is a firearm. As provided in

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the federal regulations governing imitation firearms, the term

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does not include:

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     (a) A nonfiring collector's replica of an antique firearm

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developed before 1898;

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     (b) Traditional BB, paintball, or pellet-firing air guns

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that expel a projectile through the force of air pressure; or

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     (c) A device for which a blaze orange solid plug or marking

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is permanently affixed to the muzzle end of the barrel for a

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depth of no more than 6 millimeters; a device for which the

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entire exterior surface is colored white, bright red, bright

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orange, bright yellow, bright green, bright blue, bright pink, or

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bright purple, either singly or as the predominant color in

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combination with other colors in any pattern; or a device that is

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constructed of transparent or translucent materials that permit

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unmistakable observation of the complete contents of the device.

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     (2) A person may not sell or offer for sale within this

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state, by mail or in any other manner, an imitation firearm.

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     (3) A person may sell or offer for sale an imitation

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firearm if the device is sold solely for purposes of:

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     (a) Export in interstate or foreign commerce;

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     (b) Lawful use in theatrical productions, including motion

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picture, television, and stage productions;

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     (c) Use in a certified or regulated sporting event or

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competition;

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     (d) Use in military or civil defense activities or

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ceremonial activities; or

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     (e) Public displays authorized by public or private

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schools.

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     (4)(a) A person who violates subsection (2) commits a

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misdemeanor of the first degree, punishable as provided in s.

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775.082 or s. 775.083, Florida Statutes.

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     (b) A person who violates subsection (2) a second or

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subsequent time commits a felony of the third degree, punishable

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as provided in s. 775.082, s. 775.083, or s. 775.084, Florida

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Statutes.

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     Section 2.  This act shall take effect October 1, 2008.