The word on Orange Plugs...
FEDERAL D.o.C. (Department of Commerce) REQUIRED &
All RGC air guns sold to non-DOC waiver holders
(including foreign) conform to all Federal Guidelines and regulations in
regards to the tips of the barrels being marked with Blaze Orange to quickly
identify these as semi-lethal weapons.
All air soft guns in the USA are required by Federal Law
to have the orange tip.
Note: All models are different, and these marks vary
greatly from one gun to another (RGC currently has 11 different approved
alternative DOC markings) and can change without notice if and when the DOC
revises their approved marking criteria (which is about once per year). For the
aforementioned reason we do not have the ability or funds to keep up with a
photographic archive of the current exact DOC marking for every single weapon
we carry. For this reason we provide a general guideline below which is always
current in its information. If you have a specific model you are thinking of
buying and want to know the current application of the DOC marking we would be
happy to supply you with a written description if it is not already contained
in the text below.
Note: The law is very clear that an owner may possess an
unmarked DOC air soft or replica but you may not (nor anyone): manufacture,
transport (ship it or receive it) or enter into commerce (buy, sell or
advertise) without this attached approved marking. Therefore if you remove the
mark you cannot resell or move the product via any form a transit. See
[57 FR 48453, Oct. 26, 1992]
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."
DOC WAIVER FOR PROFESSION MOTION PICTURE USE:
If you are in actual possession of this waiver you may
submit it to RGC’s legal department by sending a scan of the document via
E-Mail. It will require as much as 6 weeks verifying your paper work with the
appropriate agencies. If you are not in possession of this paper work you may
apply for it. Waiver requires 3 years of back IRS 1040 forms, Notarized sworn
statement as to usage, Project Summary / Script and any supporting film related
materials like advertising etc. If you do not have the aforementioned
documentation the DOC will not grant your request for a waiver. This process
can drag out to be over 6-9 months so we recommend the following.
Many other guns we sell have spare parts you can buy that
are unpainted / unmodified and you just swap out the DOC part for original when
needed. Most our electric guns come with the Fed. Mandated Orange tip on the
gun and an original unmodified / unpainted spare tip / flash suppressor for use
in the professional film industry. This way RGC can quickly fill any order to a
company or individual without delay (waiting 6-9 months for DOC paperwork to be
approved [or not] for waiver of DOC required marking), which is required by
Federal Regulations when doing commerce or shipping air soft product. Additionally
this also keeps the customer out of jail, as it is also a felony to receive
non-complying DOC air soft product as well. RGC looks out for its customers and
makes every attempt to supply completely legal product without the risk of the
customer being an unsuspecting receiver of a restricted / felony possession
Finally on the subject of Professional Motion Picture
waiver and the need of the customer to have an unmarked air soft gun: We
seriously doubt the legitimacy of any Professional Prop House or an Individual
claiming to having this need yet lacking the expertise or ability to swap
parts, paint over or remove a piece of plastic. Any legitimate company doing
business in the Professional Entertainment Industry would have this equipment and
expertise at their fingertips….we do.
Fake Silencers, Tracers and Flash Suppressors: non
integral, sold separately or not attached to a weapon bearing a DOC marking are
not marked when shipped. That is to say they are not painted with an approved
DOC orange tip and thus special care should be used if they are used in
conjunction with a marked weapon in so much as they will obstruct / cover the
Safety Marking. Covering the DOC marking whether with electrical tape,
repainting or with one of the aforementioned apparatus is a serious violation
of Federal Law and is a great risk to life and limb.
NOTE: RGC also provides the ability to have the Approved
DOC marking to be added to any item we sell for an added $2.00. Please allow
2-3 business days for this modification to be made.
The Spirit and Letter of the Law:
Regardless of the letter of the law it has been made
perfectly clear from all government agencies involved with the importation,
resale and simple possession, that this is a matter of PUBLIC SAFETY. RGC is a
manufacturer and longtime advocate of retro-reflective conspicuity devises as
they are proven to save lives. We live by this policy and frown upon anyone
wishing to defeat any federally mandated or common sense safety precaution.
Like the automotive seat belt law… RGC resents the government needing to pass a
law to protect customers' when this should be basic common sense. Unfortunately
we live in a world and a country where apparently we not only lack common sense
but also have those consumer advocate groups, who perhaps from time to time, go
too far. We wear our seat belts and leave on the DOC markings not because it is
FEDERAL LAW but rather because it is just GOOD COMMON SENSE. We fully
understand the customer's first reaction to want something that looks
indistinguishable from the real thing but, also believe that once they are
given the opportunity to see why this is a Federal Requirement and will act
accordingly and with appropriate safety measures to ensure that nothing bad
happens to themselves or those they care about.
In accordance with US Law, Current US Governmental
Contract and our own Company Policy all RGC Air Guns & Model Guns for
Theatrical, Movie, TV, Law Enforcement, Firearms Instruction, Sporting and
Museums or Collectors for display use only. As stated the potential for
disaster is so high as to mistaken identity with this product RGC reserves the
right to refuse sale to any party whom exhibits an unsafe or unprofessional
attitude towards the seriousness of this subject. These products should be
considered as dangerous as a real loaded firearm. It is for this reason that we
voluntarily restrict our sales. Your second amendment right has serious social
ramifications and is not a license to be reckless.
RGC is required by a number of Federal Agencies to have
all air-soft products evaluated for a variety of features. All air guns not only
must meet Federal standards but also be pre-approved before import. For this
reason we cannot necessarily special order any gun. The approval process takes
4-6 months to complete and costs about $1000.00 per application. This process
does not absolutely guarantee approval. In fact 50% of the time we cannot get
permission to import. Over the years we have come to realize, and are able to
predict what items will pass and what ones will not. If there is an item you do
not see on our extensive list of available products contact us. We will not go
into detail as to the "why" something is not available. Common
reasons for us not carrying particular items are:
•Product does not meet RGC standards for safety.
•Product does not meet RGC standards for quality.
•Product does not meet RGC standards for performance.
•Product does not meet Federal standards for whatever
•Little of no interest in market place.
•Product does not exist in air soft.
•BATF has ruled against it.
•No Royalties have been paid.
As this pre-approval process is not an act of congress
but rather a group of regulations in a number of different agencies. The
regulations may be interpreted differently from one administration to the next.
It is relatively easy to change the criteria surrounding any particular
regulation. This happens from time to time and when it does, all air guns or
effected accessories must be re-submitted for re-approval. Normally we are
given 9 months of operation lead way to continue sales while the re-approval
takes place. During this time we are allowed to sell existing stock but not
allowed to import new product. If this grace period expires and approval has
not been granted we are required by our agreement with these agencies to
suspend sales of non-approved product.
SPECIAL NOTE TO FOREIGN SUPPLIERS:
Although RGC appreciates you contacting us in regards to
carrying your product please be aware that the criteria for importation into
the USA is not like other countries. In general Federal Approval (assuming you
offer a product that lives up to RGC standards and will pass CPSC evaluation in
regards to safety issues) can take up to one year to achieve and costs RGC
about $1000.00 per individual model approved. The paper work is monumental and
requires that the product be seen in advance shipped directly from the supplier
/ manufacturer to the DOC in the exact form it will be imported. If it passes
it is sent to RGC and we in turn remit it to 4 other Federal Agencies who
control sale and importation of air soft products. We receive paper work /
approval that are specific to the product, manufacture and importer. Approval
from some other US company does not mean you can send in product to anyone
else. You will note that our prices here in the USA are significantly higher
than in the manufacturing company's home countries; this is because we have
added cost cause by the aforementioned process and associated permits /
resulting paper work.
Many of you have stated that you ship to other US
companies without any paperwork or modification to the product. We believe that
you believe this is legal. We assure you that it is not. The fact that a shipment
arrived to its location does not mean that a qualified US Customs Inspector
examined the contents of the box. More often than not no one looks inside or
those who do are not aware of the situation in regards to what exactly is
required. More and more seizures are taking place as US Customs Teams are
alerted to the smuggling of air soft BB guns. And they do consider lack of
paper work smuggling and the importer is not allowed the option to bring the
items in compliance, which results in the destruction of the product. As you
are aware US Law is very clear about whose responsibility it is when it comes
to Federal Indictment and Prosecution. You the shipper / manufacture are
completely exempt from any responsibility in this matter. The Importer is the
one who gets prosecuted for these violations. Thus, a violation on your part
means a Federal Indictment to the importer. In short unless we are totally
satisfied that your company can perform and will perform the required
modifications we cannot afford to do business with you. To date RGC has lost
some $40,000.00 over 10 years of doing business in air soft due to
non-compliance of requested tasks from RGC. We have a solid supply chain at
this moment for all product listed on our web site. If you are looking to sell
items we already carry it is not likely we will be interested. If on the other
hand you manufacture a product not found on our web site please feel free to
RGC buys only from the actual manufactures themselves of
these products. No middleman company could possibly understand what we require
for a valid and legal importation. Again RGC imports in volume. We are not like
your other buyers who order 1-10 units at a time thus; due to the small
quantity these shipments often go unopened or inspected by US Customs. Average
RGC shipment is between 500 and 1500 units of air guns or 600 square feet to
1800 square feet of cargo. Not something to be missed by a US Customs Team.
PROFESSIONAL MOTION PICTURE / THEATRICAL USE:
As with the creation of 250+ cable channels in the past
few years there has emerged a whole new realm of low budget film and television
productions. New digital editing and digital effect techniques have enabled the
easy addition of flying brass and muzzle flashes on even the most modest VTR
editors. The advantages are multi fold: At present to use a live firearm on
location requires a special handler @ $700.00 per day plus the cost of the
particular weapons and blanks / effects. The danger involved with this is also
great. Even blanks discharge material and gas that can easily seriously injure
someone. The use of these new air guns makes even extreme close-ups and live
firing cost effective for even the lowest budget companies. The uses of BB’s
are most often used as a visual marker signal the editor to apply flying brass
and muzzle flash and sound effects. Most likely you have already seen similar
air guns in Films & on TV, Air Soft BB guns often used as stunt doubles for
the real firearm. When you see the bad guy throws down his gun it is most often
an Air Soft BB gun that is dropped to avoid damage to real and valuable
firearms. Use of rubber guns has been limited in the past years as the cost to
make them is high.
NOTE: Film and Theatrical versions do not have DOC markings.
Send them to: legal@replica guns.com