§ 10-32-3. Replica firearms.

A.

Prohibited. It shall be a misdemeanor for any person to sell, at retail or wholesale, manufacture, or give away, within the limits of the city, any toy look-alike gun, replica gun, or realistic toy gun.

B.

Definition. For purposes of this section and chapter, "toy look-alike gun," "replica gun," or "realistic toy gun" means: any device or object which outwardly resembles a firearm manufactured after 1898, made of plastic, wood, metal, or any other material which is a replica, facsimile or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other device, which might reasonably be perceived to be a real or actual firearm, unless the replica, imitation, or toy firearm shall be colored in colors other than black, blue, silver or aluminum, and further, that the barrel of the toy shall be closed with the same material of which the toy is made, for a distance of not less than one-half inch from the front end of the barrel. The term includes instruments which expel water and those which use air pressure to expel nonmetallic projectiles.

C.

Exception. Such term shall not include any nonfiring replica of an antique firearm, the original of which was designed, manufactured and produced prior to 1898. Practice or demonstrations in the use of such guns is permitted only in a legally established gun range or shooting gallery.

D.

Manufacture and marketing. The manufacture, marketing, distribution and sale of replica or facsimile toy guns are permitted if such devices are manufactured, marketed, distributed or sold:

1.

Solely for subsequent transportation in intrastate, interstate or foreign commerce; or

2.

Solely for lawful use in theatrical productions, including action picture, television and stage productions.

E.

Effective date. This section shall become effective from and after January 1, 1989, and shall apply to such guns manufactured for sale at retail or wholesale after said date.

(Code 1985, § 20-22; Ord. No. 3724, § 1(3), 2-16-1988)

State law reference

Imitation firearms, T.C.A. § 39-17-1362.