rickomatic
Member
"Guns with laser sites that have the warning stickers removed are the preferred weapon of criminals".....coming to a Brady campaign in your neighborhood soon!
Source?
SAFETY COMPLIANCE LABELING
Operation of a laser without the required safety labeling may violate federal law. The FDA requires the label supplied with your laser be affixed to the outside of the gun with the arrow pointing to the laser aperture. The label contains the required warning for a class IIIA laser, a certification section stating that LaserMax certifies product complies with FDA regulations, our address, and the month and year of manufacture.
Ref:
21 CFR 1040.10-compliant Labels with Laser Sights on Handguns
Good Morning!
I have several questions about the use of these laser sights and the safety labels which come with them.
BACKGROUND:
I recently purchased a set of laser sights for my defensive firearm.
According to the manufacturer's instruction manual, this laser sight has the following specifications:
Laser Type: Class IIIa visible laser diode
Peak Power: 5 mW
Wavelength: 633nm
Color: Red
Beam Size: Approx. 0.5 inches at 50'
Battery Type: (2) CR2032 or DL2032 lithium cells
Battery Life: 4 hours; 5 year shelf life
Also acccording to the manufacturer's instruction manual, "Laser products must only be operated with the safety label applied to the firearm."
The labels (and other portions of the manual) state that they comply with 21 CFR 1040.10.
However, it is apparently common practice for non-Law Enforcement legal civilian end-users of these sights to not actually place these labels on their defensive firearms for various reasons, including:
1. Concern about ruining the finish on non-stainless and plastic firearms (i.e., blued finishes. etc.) because of the unknown character of the adhesives used.
2. Concern about the fact that in the process of cleaning these defensive firearms, the various solvents used will inevitably ruin the adhesives and cause the labels to fall off.
3. Concern about re-mounting the sights on different firearms, where only one set of labels are provided.
4. Concern about the penalties, if any, for an end-user to operate the laser sights without these labels.
Research on this matter indicates a considerable confusion and a lot of guesswork regarding whether it is actually illegal for the civilian end-users of the sights to operate the laser sights without the labels being affixed to the gun.
This is largely in part due to the fact that reviewing the citation (21 CFR 1040.10) reveals a morass of cross-references and language which is confusing to the ordinary mortal.
Given the above practical considerations, I have the following specific questions:
QUESTIONS:
1. Is use of these sights without the warning labels actually illegal? If so, please provide precise citations for this law or these regulations, including the text of any cross-references involved.
2. If use of these sights without the warning labels is legal, please provide precise citations for any exemptions to the labeling requirement with respect to the end-user, including the text of any cross-references involved.
3. If use of these sights without the warning labels is illegal, please provide precise citations indicating this, including the text of any cross-references involved.
4. If use of these sights without the warning labels, is illegal, please provide precise citations indicating the penalties for violation, including the text of any cross-references involved.
5. (Informal) If there are other Agencies or governmental entitities besides the Food and Drug Administration involved in the regulation of these devices which may also have relevant rules, regulations, or statutory authority, please indicate which agencies or entities these might be.
Thank you in advance for providing some firm information on the use of labels on legally-owned and used defensive firearms.
Respectfully submitted,
TAT
1. Is use of these sights without the warning labels actually illegal? If so, please provide precise citations for this law or these regulations, including the text of any cross-references involved.
2. If use of these sights without the warning labels is legal, please provide precise citations for any exemptions to the labeling requirement with respect to the end-user, including the text of any cross-references involved.
3. If use of these sights without the warning labels is illegal, please provide precise citations indicating this, including the text of any cross-references involved.
4. If use of these sights without the warning labels, is illegal, please provide precise citations indicating the penalties for violation, including the text of any cross-references involved.