Friday, January 1, 2010

Toy Guns Banned in Arkansas Effective Today: Second Amendment Challenge?

Effective January 1, 2010, Arkansas has banned "imitation firearms" or toy guns.

Pyrotronicdisintegrator


 The statute, Act 1495, defines an "imitation firearm" as 

a toy that is identical in appearance to an original firearm that was manufactured,designed, and produced after 1898, including only:
(1) Air-soft guns firing nonmetallic projectiles;
(2) Replica nonguns; and
(3) Water guns

 "Imitation firearm" does not include:
(1) A nonfiring, collector replica of an antique firearm developed before 1898;
(2) Traditional BB, paintball, or pellet-firing air guns that  expel a projectile through the force of air pressure; or
(3) A device:
    (A) For which an orange solid plug or marking is permanently affixed to the muzzle end of the barrel for a depth of not more  than six millimeters (6 mm);
    (B) For which the entire exterior surface is predominately colored other than black, brown, blue, silver, or metallic;or
    (C) That is constructed of transparent or translucent materials that permit unmistakable observation of the complete contents of the device.

Perhaps this will be the next Second Amendment challenge after McDonald v. City of Chicago?

RR

http://lawprofessors.typepad.com/conlaw/2010/01/toy-guns-banned-in-arkansas-effective-today-second-amendment-challenge.html

Current Affairs, Due Process (Substantive), Fundamental Rights, Games, Theory | Permalink

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Comments

Sigh... a lot of help that would do!

Posted by: air soft guns | Aug 2, 2010 10:34:46 PM

I does make you scratch your head sometimes. I understand that repleca guns can be mistaken for real, and those would cause an issue for security, but really.... banning all toy guns?

So does this mean my son can get arrested for playing with his ray gun? If they must, why not setup a registration you have to send in when you buy the toys?...madness

Posted by: Claire Defonet | Jan 6, 2011 8:08:12 AM

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