SECTION 1. Section 121 of chapter 140 of the General Laws is hereby amended by striking out the figure “131Q”, inserted by section 19 of chapter 284 of the acts of 2014, and inserting in place thereof the following figure:— 131R.

SECTION 2. Said section 121 of said chapter 140 is hereby amended by striking out the definition of “Imitation firearm”, as appearing in the 2012 Official Edition, and inserting in place thereof the following definition:-

“Imitation firearm”, any air rifle or hand gun, pellet gun or “B-B” gun or any device or object made of plastic, wood, metal or any other material which substantially duplicates or can reasonably be perceived to be an actual firearm, rifle, shotgun, air rifle or hand gun, pellet gun, or “B-B” gun, unless such air rifle or hand gun, pellet gun, “B-B” gun or device or object: (i) is colored other than black, blue, silver or aluminum; (ii) is marked with a non-removable orange stripe which is at least 1 inch in width and runs the entire length of the barrel on each side and the front end of the barrel; and (iii) has a barrel at least 1 inch in diameter that is closed for a distance of not less than one-half inch from the front-end of its barrel with the same material of which the imitation firearm is made. “Imitation firearm” does not include any non-firing replica of an antique firearm, the original of which was designed, manufactured and produced prior to 1898.

SECTION 3. Said chapter 140 is hereby amended by inserting after section 131Q, inserted by section 70 of chapter 284 of the acts of 2014, the following section:-

Section 131R. (a) No person shall import, manufacture, sell, hold for sale or distribute within the state any imitation firearm unless such device is imported, manufactured, sold, held for sale and distributed: (i) solely for subsequent transportation in interstate commerce; or (ii) solely for lawful use in a theatrical production, including a motion picture, television or stage production.

(b) A violation of subsection (a) shall constitute an unfair or deceptive trade act or practice under section 2 of chapter 93A.

(c) A law enforcement officer may confiscate any imitation firearm from a person in possession thereof unless the person is possessing the imitation firearm:(i) solely for subsequent transportation in interstate commerce; or (ii) solely for lawful use in a theatrical production, including a motion picture, television or stage production.