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Change in the agency overseeing regulations related to airguns from the Department of Commerce to the Consumer Products Safety Commission. This was one of those small paragraphs a few in Congress injected into much larger "must pass" legislation late last year. Following up on that change, the Consumer Product Safety Commission has now posted what they consider as minor changes in the regulations related to identification and marking of certain products that are nested in our industry. Attached is the regulation change lifted from the Federal Register.
A key point to note is the "process" being used to make this regulation change. Normally, regulation changes move through a fairly drawn out review process dictated by the Administrative Procedure Act. However, when an agency determines that the proposed rule change is non-substantive, they can avoid the lengthy public review by using the Direct Final Rule Process. The Consumer Product Safety Commission has made such a determination with their proposed action. Therefore, this regulation change was not noticed ahead of time and the opportunity to comment ends on June 12 and the changes are effective on June 26.
To read more about this change click here
To comment on it, click here
Here is how you can oppose this change in the rules. Simply copy&paste the text below into the comment link above.
My name is __________________________ . 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 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 industry has long complied with this statute and 16 CRR Part 1272, there has been no requirement for any general conformity 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 industry should have an opportunity to comment under the Administrative Procedure Act (APA). See generally, 5 U.S.C. 551-559.
I 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.
I appreciate and understand the Commission's approach and request the Commission considers excepting air-soft guns from any requirement for GCCs.
Thank you for your consideration.
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It's important to know that due to state and local laws, there are certain restrictions for various products.
It's up to you to research and comply with the laws in your state, county, and city.
If you live in a state or city where air guns are treated as firearms you may be able to take advantage of our FFL special program.
U.S. federal law requires that all airsoft guns are sold with a 1/4-inch blaze orange muzzle
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Get the most out of your equipment when you work with the expert technicians at Pyramyd AIR. With over 25 years of combined experience, we offer a range of comprehensive in-house services tailored to kickstart your next adventure.
If you're picking up a new air gun, our team can test and tune the equipment before it leaves the warehouse. We can even set up an optic or other equipment so you can get out shooting without the hassle. For bowhunters, our certified master bow technicians provide services such as assembly, optics zeroing, and full equipment setup, which can maximize the potential of your purchase.
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