Analysis | Cory Booker says toy guns are more regulated than real guns. Is he right?
By Glenn Kessler Glenn Kessler The Fact Checker Email Bio Follow May 13 at 3:00 AM “Most people don’t know that consumer product safety literally — one industry that’s been exempted is the gun lobby. So we have different regulations for toy guns and no regulations for the weapons on our streets that are killing so many people.” “In the US we have more federal regulation over toy guns than real ones” “Nowadays, there is more regulation over toy guns than real ones.
Booker’s staff says that’s the gap the senator is trying to highlight: No federal agency is charged with ensuring a safe design for guns. The Consumer Product Safety Commission Improvements Act of 1976 explicitly said the agency would not have this role: “The Consumer Product Safety Commission shall make no ruling or order that restricts the manufacture or sale of firearms, firearms ammunition, or components of firearms ammunition, including black powder or gunpowder for firearms.
“The ATF has extremely narrow authority regarding firearm design,” he said. “In particular, firearms may only be imported if ATF determines that they are ‘generally recognized as particularly suitable for or readily adaptable to sporting purposes’ .” By contrast, there are no regulations governing the sale, distribution and ownership of toy guns, experts say. The main exception is a 1986 law that requires a blaze orange plug in the muzzle to distinguish toy guns from real guns.
“My sense is, this is something that is not a material factor in the gun debate,” he said. “Certain products are unsafe because of design. Others can be unsafe from misuse.”
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