Important Regulation Changes in Store for Air Soft and Air Guns

Started by steveoh, June 03, 2023, 09:59:42 PM

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steveoh


Important!!!

Take Action Now! 📢

Step 1: Click the link in description to visit the government comment website.

Step 2: Leave a respectful comment urging the Consumer Product Safety Commission to stop the "fast track"

You can copy and paste the text in the description use that for your comment. 👇

https://www.regulations.gov/document/CPSC-2023-0021-0001

The undersigned opposes the Consumer Product Safety Commission's proposed Direct Final Rule in Docket No. CPSC-2023-0021.  As written, the effect of the Commission's proposed rule would have significant and unnecessary economic impact on the undersigned and all in the air-soft industry.  The Regulatory Flexibility Act (AFA), 5 U.S.C. 601-612 does apply and requires the Commission to prepare an analysis under 5 U.S.C. 603, 604.  Without comment from the industry, the proposed Direct Final Rule would be inappropriate and unacceptable without changes.
 
The Commission's stated basis for the Direct Final Rule Process is that the new 16 CFR Part 1272 contains no substantive changes from regulations in effect now for more than 30 years.  The reason for the new 16 CFR Part 1272 is that recent federal legislation has transferred oversight and enforcement of the regulation from the Department of Commerce to the Commission.  Because the Consumer Product Safety Act requires certain certifications for products subject to regulations enforced by the Commission (see Supplementary Information, Paragraph G in the docket entry), the new, proposed 16 CFR Part 1272 would unnecessarily impact the air-soft industry negatively, substantively and financially.
 
The subject regulation was enabled by 15 U.S.C. § 5001 which imposes certain marking requirements on "look-alike firearms."  Look-alike firearms include "air-soft guns firing nonmetallic projectiles."  15 U.S.C.  § 5001 (c).  While the undersigned have long complied with this statute and 16 CRR Part 1272, there has been no requirement for any general product certifications (GCC).  Now, apparently, there would be such a requirement.  See Supplementary Information, Paragraph G in the docket entry.
 
Because the Commission states in the subject docket entry that the Commission would be requiring GCCs for air-soft guns, the undersigned and the industry request an opportunity to comment under the Administrative Procedure Act (APA).  See generally, 5 U.S.C. 551-559.  The undersigned and the industry request that opportunity to address whether GCCs for air-soft guns under 16 CFR Part 1272 is necessary.  It is readily apparent upon visual examination whether an air-soft gun complies with 16 CRR Part 1272 marking requirements.  GCCs are not necessary. 
 
The undersigned believe the Commission is also required to conduct a flexibility analysis under 5 U.S.C. 603, 504.  Many in the industry are small businesses. 
 
The undersigned also state that they and others in the industry are not equipped to provide GCCs for their air-soft products, in the near future, particularly those that would comply with the legal requirements.  See, e.g., 15 U.S.C. 2063 (g).  Many of their air-soft products are in transit, in inventory, with distributors, and in retail stores. 
 
Accordingly, the undersigned request the Commission withdraw the proposed direct final rule.  The undersigned appreciate and understand the Commission's approach and requests the Commission consider excepting air-soft guns from any requirement for GCCs.
 
Thank you for your consideration.
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Alan

I cannot open this link: https://www.regulations.gov/document/

I have been rather critical of lookalike weaponry, especially CO2 powered, pellet-firing ones. A quick check of the FBI crime stats will give you an idea of why; they are being used in armed holdups, as victims can seldom tell the difference.

UMAREX is the largest maker, and in fact use almost exact firearm parts to make them as look as authentic as possible. And this move by the Fed has been anticipated. Why they decided to use the Consumer Product Safety Commission to change the rules, should be obvious.

While I'm against the regulation as written, it will probably become the law of the land. If not now, soon!

The same regulation-scenario might be applied to fully automatic BB and pellet guns, and in some cases to semi-auto ones too. After all, we need to do a bit of introspection, and ask ourselves why we (the airgun hobbyist) didn't see this coming.
Alan

I have a Hill EC-3000 compressor. If you're a fellow Guild member, and you pass through Roswell, NM, I'll fill your tank as a courtesy (4,250 PSI limit).

bnowlin

I may be totally wrong, however it appears they are trying to eventually classify everything as firearms.  Slowly but surely.
Bobn