Q: What is Airsoft?

A: Airsoft participants organize meetings at dedicated airsoft battlefields often adapted to provide walls, bunkers, trenches, buildings, towers, and other similar man-made field enhancements to simulate real combat environments.

Airsoft games vary greatly in style and composition depending on location, budget, and the quantity of participants but often range from short-term skirmishes, organized scenarios, military simulations, or historical reenactments.

Combat situations on the battlefield often involve the use of common military tactics to achieve the objectives set in each game. Participants typically use varying types of non-lethal weaponry designed as replicas of real firearms, tactical gear, and accessories used by modern military and police organizations.

Q: Is Airsoft Safe?

A: Simple answer: Yes. As with any sport, there is always that risk of injury. Airsoft is no different. However, with the precautions that we airsofters take to ensure the safety f not only ourselves, but that of our fellow players, airsoft has evolved into a very safe sport.

One of the major precautions we take serioulsy in airsoft is eye protection. Eye protection, in airsoft, means full-seal goggles or safety glasses. They must meet or exceed ANSI Z87 ratings. Normal shooting glasses, sunglasses, or any type of eye covering that does not make a full seal around the frame is not acceptable. According to the Amaerican Airsoft Association, this means that at no point around the rims of the glasses, goggles, etc, is there to be enough room to fit the eraser of a standard #2 pencil between it ans the wearer's face. Some field owners and/or event organizers require that the seal must contact the face all the way around. This is perfectly acceptable as well.

For players under 18, we also must reccomend that full facial protection be worn. The best example of this is a paintball mask.

Q: What happens when an airsoft BB hits someone?

A: Airsoft pellets typically leave small wheals (welts) on human targets. While mildly painful, pellets are not especially damaging to the skin. Eye protection is universally required to prevent damage to eyes. It is also often recommended that full face masks and body protection be used during airsoft matches to protect the players' teeth and ears.

Q: What does the law say about Airsoft?

A: The information contained in this survey and commentary is provided for general informational purposes only and is not to be relied upon as legal advice. With respect to any information found in this survey, weI make no warranty, express or implied, including the warranties of merchantability and aptness for a particular purpose, or assume any legal liability or responsibility for the inaccuracy, completeness, or usefulness of any information conveyed. Always consult a licensed attorney in your location for legal advice.

I. Introduction
There are many misconceptions about that laws govern the hobby of airsoft, a
military simulation (MILSIM) sport that uses accurate replicas of military firearms to shoot low energy plastic 6mm bbs. The sport of airsoft simulates military-style combat with each side shooting at the other to achieve some objective to win the game. The main distinction between paintball and airsoft is the fact that airsoft is played with guns that strive to be as accurate a replica of the real military firearm, called “real steel”, as possible. While nearly all paintball guns can be universally recognized as such by their distinctive shapes, airsoft guns are so close to their real steel counterparts that
one wouldn’t be able to tell the difference right away if you held it in your hand. Therein, lies the problem. These guns, while not toys, are not guns either but their appearance is so realistic that safety concerns arise due to the fact police can’t distinguish them from their lethal cousins. People who have publicly brandished their airsoft gun have been shot by police who reasonably believed they were under an imminent threat of deadly force. Such tragedies, it is thought, can be avoided by requiring manufacturers to paint the ends of the
barrels of their airsoft guns with a highly visible “blaze orange” colored tip to signify the gun as a non-gun, or more insidiously, to make them of clear plastic. Thus, Federal Law was enacted in 1988 to mandate such a requirement for manufacturers and retailers who sell the guns to the public.

United States Code Title 15 Chapter 76 §5001

15 USC 76 §5001.

Penalties for entering into commerce of imitation firearms
(a) Acts prohibited
It shall be unlawful for any person to manufacture, enter into commerce, ship,
transport, or receive any toy, look-alike, or imitation firearm unless such firearm
contains, or has affixed to it, a marking approved by the Secretary of Commerce,
as provided in subsection (b) of this section.
(b) Distinctive marking or device; exception; waiver; adjustments and
changes
(1) Except as provided in paragraph (2) or (3), each toy, look-alike, or
imitation firearm shall have as an integral part, permanently affixed, a
blaze orange plug inserted in the barrel of such toy, look-alike, or
imitation firearm. Such plug shall be recessed no more than 6 millimeters
from the muzzle end of the barrel of such firearm.
(2) The Secretary of Commerce may provide for an alternate marking or
device for any toy, look-alike, or imitation firearm not capable of being
marked as provided in paragraph (1) and may waive the requirement of
any such marking or device for any toy, look-alike, or imitation firearm
that will only be used in the theatrical, movie or television industry.
(3) The Secretary is authorized to make adjustments and changes in the
marking system provided for by this section, after consulting with
interested persons.
(c) “Look-alike firearm” defined
For purposes of this section, the term “look-alike firearm” means any imitation of any original firearm which was manufactured, designed, and produced since
1898, including and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles. Such term does not include any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional B–B, paint-ball, or pellet-firing air guns that expel a projectile through the force of air pressure.
(d) Study and report
The Director of the Bureau of Justice Statistics is authorized and directed to
conduct a study of the criminal misuse of toy, look-alike and imitation firearms,
including studying police reports of such incidences and shall report on such
incidences relative to marked and unmarked firearms.
(e) Technical evaluation of marking systems
The Director of the National Institute of Justice is authorized and directed to
conduct a technical evaluation of the marking systems provided for in subsection (b) of this section to determine their effectiveness in police combat situations. The Director shall begin the study within 3 months after November 5, 1988, and such study shall be completed within 9 months after November 5, 1988.
(f) Effective date
This section shall become effective on the date 6 months after November 5, 1988, and shall apply to toy, look-alike, and imitation firearms manufactured or entered into commerce after November 5, 1988.
(g) Preemption of State or local laws or ordinances; exceptions
The provisions of this section shall supersede any provision of State or local laws or ordinances which provide for markings or identification inconsistent with provisions of this section provided that no State shall—
(i) prohibit the sale or manufacture of any look-alike, nonfiring, collector
replica of an antique firearm developed prior to 1898, or (ii) prohibit the sale (other than prohibiting the sale to minors) of traditional B–B, paint ball, or pellet-firing air guns that expel a projectile through the force of air pressure.

Comments: As you can read from the above Federal Statute, it applies only to
manufacturers and retailers who sell airsoft products to the public. This statute has been the most frequently misquoted and misconstrued federal law by the airsoft public and retailers alike who have neither actually read the statute or studied its application. There is nothing in this Federal Statute that prohibits a person, once buying an airsoft product, from removing the orange blaze tip.
Now that Congress has said it will regulate the sale of airsoft guns, the Dept of
Commerce created the Federal Rules to implement the enacted Law. Enter Code of Federal Regulations (CFR) Title 15 Chapter XI CFR 1150.

TITLE 15--COMMERCE AND FOREIGN TRADE
CHAPTER XI--TECHNOLOGY ADMINISTRATION, DEPARTMENT OF COMMERCE PART 1150--MARKING OF TOY, LOOK-ALIKE AND IMITATION FIREARMS

Sec. §1150.1 Applicability
This part applies to toy, look-alike, and imitation firearms (``devices'') having the appearance, shape, and/or configuration of a firearm and produced or manufactured and entered into commerce on or after May 5, 1989, including devices modeled on real firearms manufactured, designed, and produced since 1898. This part does not apply to: (a) Non-firing collector replica antique firearms, which look authentic and may be a scale model but are not intended as toys modeled on real firearms designed, manufactured, and produced prior to 1898;
(b) Traditional B-B, paint-ball, or pellet-firing air guns that expel a projectile through the force of compressed air, compressed gas or mechanical spring action, or any combination thereof, as described in American Society for Testing and Materials standard F 589-85, Standard Consumer Safety Specification for Non-Powder Guns, June 28, 1985. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the
American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. Copies may be inspected at the office of the Associate Director for Industry and Standards, National Institute for Standards and Technology, Gaithersburg, Maryland, or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC; and
(c) Decorative, ornamental, and miniature objects having the appearance, shape and/or configuration of a firearm, including those intended to be displayed on a desk or worn on bracelets, necklaces, key chains, and so on, provided that the objects measure no more than thirty-eight (38) millimeters in height by seventy (70) millimeters in length, the length measurement excluding any gun stock length measurement.

Sec. §1150.2 Prohibitions.

No person shall manufacture, enter into commerce, ship, transport, or receive any toy, look-alike, or imitation firearm (``device'') covered by this part as set forth in Sec. 1150.1 of this part unless such device contains, or has affixed to it, one of the markings set forth in Sec. 1150.3 of this part, or unless this prohibition has been waived by Sec. 1150.4 of this part. Sec. §1150.3 Approved markings The following markings are approved by the Secretary of Commerce:
(a) A blaze orange (Federal Standard 595a, February, 1987, color number 12199, issued by the General Services Administration) or orange color brighter than that specified by the federal standard color number, solid plug permanently affixed to the muzzle end of the barrel as an integral part of the entire device and recessed no more than 6 millimeters from the muzzle end of the barrel. This incorporation by reference was approved by the Director of the Federal Register in accordance with U.S.C. 552(a) and 1 CFR part 51.
Copies of Federal Standard 595a may be obtained from the Office of Engineering and Technical Management, Chemical Technology Division, Paints Branch, General Services Administration, Washington, DC 20406. Copies may be inspected at the office of the Associate Director for Industry and Standards, National Institute for Standards and Technology, Gaithersburg, Maryland, or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(b) A blaze orange (Federal Standard 595a, February, 1987, color number 12199, issued by the General Services Administration) or orange color brighter than that specified by the Federal Standard color number, marking permanently affixed to the exterior surface of the barrel, covering the circumference of the barrel from the muzzle end for a depth of at least 6 millimeters. This incorporation by reference was approved by the Director for the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of
Federal Standard 595a may be obtained from the Office of Engineering and Technical Management, Chemical Technology Division, Paints Branch, General Services Administration, Washington, DC 20406. Copies may be inspected at the office of the Associate Director for Industry and Standards, National Institute for Standards andTechnology, Gaithersburg, Maryland, or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(c) Construction of the device entirely of transparent or translucent materials which permits unmistakable observation of the device's complete contents.
(d) Coloration of the entire exterior surface of the device in white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern.

Sec. §1150.4 Waiver

The prohibitions set forth in Sec. 1150.2 of this part may be waived for any toy, lookalike or imitation firearm that will be used only in the theatrical, movie or television industries. A request for such a waiver should be made, in writing, to the Chief Counsel for Technology, United States Department of Commerce, Washington, DC 20230. The request must include a sworn affidavit which states that the toy, look-alike, or imitation firearm will be used only in the theatrical, movie or television industry. A sample of the item must be included with the request.

Sec. §1150.5 Preemption.
In accordance with section 4(g) of the Federal Energy Management Improvement Act of 1988 (15 U.S.C. 5001(g)), the provisions of section 4(a) of that Act and the provisions of this part supersede any provision of State or local laws or ordinances which provides for markings or identification inconsistent with the provisions of section 4 of that Act or the provisions of this part.

Comments:

As you can see, the important Federal Law and Regulatory Rules by
the Department of Commerce govern the manufacture, importation and sales of Airsoft guns but do not apply to the end user. Under Section 1150.5, the States or local laws cannot conflict with the Federal Regulation in the requirements for coloration of the airsoft gun. This is an important section. The States cannot have requirements that differ from the approved standards by the Dept of Commerce, however, the State are free, at present to adopt a specific approved coloration scheme. If the State of Vermaineafornia wants to enact legislation making airsoft guns sold in that state to be of only bright pink
under subsection d of §1150.3 Approved markings, they are free to do so because it is an approved marking.

Let us hope we are not taking the airsoft field with bright pink airsoft guns in the
near future. All it would take would be one media-overblown incident and the Legislature will require airsofters in their state to do exactly that.

Now that we have covered the Federal Law and Regulations and the Power of the State to adopt the Federal Standards, let’s examine how the States presently regulation airsoft

II. The Police Powers of the States to Enact Laws: Coloring and Possession

There is nothing to prevent the individual States exercising their police powers
from further regulating airsoft guns with restrictions on approved coloring, the
manufacturing materials, restrictions on the locations or use of BB guns or prohibitions against the removal or covering of the safety coloring. Indeed, since the States, under the 10th Amendment of the Constitution, have the power to enact such laws and regulations, called “police powers”, that power is extended to cities to enact their own laws including the regulation of airsoft guns. A wise airsofter will check not only the Federal law but State, County and Municipal laws as well that regulate airsoft or “BB” guns. For example, the City of Beaverton, OR has banned “replica firearms” in public places, the
first city in Oregon to do so. The State of California also bans them from public places.

As to orange markings, removing the orange tip is not illegal under Federal Law. Having stated that, however, most assuredly that is about the most unwise thing a person can do. It is a matter of your own life should you unexpectedly encounter law enforcement with an airsoft gun that they cannot discern from the real steel weapon. The problem has never been orange tips on a sanctioned airsoft field. It is, rather, during transport between the field and home, playing airsoft on one’s own property, or playing on an unsanctioned field that most unfortunate incidents occur with police and frightened
bystanders.

If you are stopped by police for any reason, tell them right way that you are
carrying AIRSOFT guns in your vehicle in gun cases so that they will be informed. It is much better to prevent a misunderstanding with a timely announcement instead solving one after you lying facedown on the pavement at gunpoint.

Always play on sanctioned fields for airsoft events or have written permission in
your possession if you play on someone else’s private property. Always play out of sight of the general public so that frantic calls to 911 reporting “people with guns shooting ateach other” are avoided. Don’t display your airsoft guns in places that would likely alarm people who know nothing about airsoft. Never use your airsoft gun other than for airsoft gaming. Event sponsors should have a good relationship with local police. Inform them when events are taking place, especially the larger regional events with many attendees.

It is the common sense gap in the Airsoft sport that makes headlines and gives the Airsoft community a tarnished reputation in the mind of the public and those pesky lawmakers in State Capitols and Congress. Some states have responded already with such legislation. This article is a cursory survey of the laws of the 50 states. This survey is NOT intended to be construed as legal advice in any form as the author is not licensed to practice law in all 50 states. Please consult with a licensed attorney or the District Attorney’s Office in your area if you have specific questions about the laws of your state and how the Courts have applied those laws. I have attempted to pick five states from various parts of the country and present them in each issue for your information as to how to proceed in your contact with your local District Attorney’s Office.

State of Alabama ----------------------------------------------------------------------------------

No laws specifically related to orange markings on toy or imitation guns.
However, Section §13A-11-50 prohibits carrying a bb pistol concealed on one’s person. If you leave the airsoft field, store your weapons properly and leave that TM Hi-Capa 5.1 in a locked case in your car’s trunk and not in a shoulder holster under your jacket.

Section 13A-11-50 Carrying concealed weapons.

Except as otherwise provided in this Code, a person who carries concealed about his person a bowie knife or knife or instrument of like kind or description or a pistol or firearm of any other kind or an air gun shall, on conviction, be fined not less than $50.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.

Comments: Also in Alabama, the use of an airsoft gun in the commission of a
crime will be treated the same as if you had used a real firearm. Example, pointing your airsoft gun at someone who is not involved with airsoft gaming and causing fear or intimidation is a crime called “menacing”. It does not matter that it was an airsoft gun. It only matters that you intended to cause a person to reasonably fear for their safety. Again, common sense should tell you can horseplay with your airsoft weapon away from the field is asking for a visit from the police with an offer of free accommodations at the Grey Bar Hotel with a complimentary room without a view and microwavable meals.