wa-law.org > bill > 2025-26 > SB 5735 > Original Bill

SB 5735 - Imitation firearm labeling

Source

Section 1

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

Section 2

  1. A manufacturer, importer, or distributor of imitation firearms who changes, alters, removes, or obliterates any coloration or markings that are required by any applicable state or federal law or regulation, for any imitation firearm in a way that makes the imitation firearm or device look more like a firearm, is guilty of a misdemeanor.

  2. Any manufacturer, importer, or distributor of toy, look-alike, or imitation firearms that fails to comply with any applicable federal law or regulation governing the marking of a toy, look-alike, or imitation firearm, is guilty of a misdemeanor. The definition of imitation firearm does not apply to this subsection.

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    1. Any imitation firearm manufactured after July 1, 2005, shall, at the time of offer for sale in this state, be accompanied by a conspicuous advisory in writing as part of the packaging, but not necessarily affixed to the imitation firearm, to the effect that the product may be mistaken for a firearm by law enforcement officers or others, that altering the coloration or markings required by state or federal law or regulations so as to make the product look more like a firearm is dangerous and may be a crime, and that brandishing or displaying the product in public may cause confusion and may be a crime.

    2. Any manufacturer, importer, or distributor that fails to comply with this advisory for any imitation firearm manufactured after July 1, 2005, shall be liable for a civil fine for each action brought by the state or local prosecutor of not more than $1,000 for the first action, $5,000 for the second action, and $10,000 for third and subsequent actions.

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    1. Any person who, for commercial purposes, purchases, sells, manufactures, ships, transports, distributes, or receives by mail order in any other manner, an imitation firearm, except as authorized by this section, is liable for a civil fine in an action brought by the state or local prosecutor of not more than $10,000 for each violation.

    2. The manufacture, purchase, sale, shipping, transport, distribution, or receipt, by mail or in any other manner, of an imitation firearm is authorized if the device is manufactured, purchased, sold, shipped, transported, distributed, or received for any of the following purposes:

      1. Solely for export in interstate or foreign commerce;

      2. Solely for lawful use in theatrical productions, including motion picture, television, and stage productions;

      3. For use in a certified or regulated sporting event or competition;

      4. For use in military or civil defense activities, or ceremonial activities; or

    3. For public displays authorized by public or private schools.

  5. The manufacture, purchase, sale, shipping, transport, distribution, or receipt, by mail or in any other manner, of an imitation firearm is authorized if the entire exterior surface of the imitation firearm is 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, or the entire device is constructed of translucent material that permits unmistakable observation of the device's complete contents. Merely having an orange tip as provided in federal law and regulations does not satisfy this requirement. The entire surface must be colored or transparent or translucent.

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