laser pointer laws by state

(1) As used in subsection (2), the term "laser lighting device" means a handheld device, not affixed to a firearm, which emits a laser beam that is designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. See Wisconsin Statutes 990.01. for Devices and Radiological Health (21CFR 1040.10 and What should be done about laser pointers? 1. Sec. Such show descriptions must be included in the user instructions and the report for the laser projector. Passed as Section 311 of H.R. There are companies experimenting with or even selling projectors that are said to be audience safe if installed at a certain distance, for example, 30 meters minimum from the point of closest human access. 2 0 obj Laser safety tech info / Calculations, classifications, data / ion-ios-calculator, Laser safety studies // ion-pie-graph, 2002: Understanding levels of vision loss, 2006: Countering laser pointer threats to road safety. Any person of 17 years or older who possesses a laser pointer or device unlawfully, or who points a laser beam toward any vehicle, person or animal is subject to a conviction for violation of City ordinance, for assault and battery, and/or for mistreatment of animals, with a $500.00 fine and up to 30 days imprisonment, or both, as well as being civilly liable for any personal injury to a person or animal, or damage to property, that might result from this illegal act. Sept. 1, 2003. In the last few years their have been several crackdowns on lasers in the U.S. and the laws are always changing so if you see any incorrect info in here comment the mistake along with a link to a reliable website that says the same thing. ILLINOIS, statewide: General requirements, ILLINOIS, county of Champaign: Possession and use, ILLINOIS, village of Westchester: City bans possession by minors, LOUISIANA, illegal to intentionally aim laser light at aircraft, MARYLAND, statewide: Misdemeanor to knowingly aim at aircraft, MARYLAND, town of Ocean City (2014): Ban on sales and possession; restriction on use, On May 19 2014, the town of Ocean City, MD, MARYLAND, town of Ocean City (2010): Ban and restriction on some uses, sales, MARYLAND, town of Ocean City (1998): Harassment prohibited, MICHIGAN, state: Up to 5 years, $10,000 fine for aiming directed energy weapons including lasers at aircraft, moving trains. Radiation Control, Article 14. It makes it illegal under Commonwealth law to intentionally or knowingly point a laser pointer at an aircraft or at a law enforcement officer. Even though the laser projects a small, millimeter-sized dot close up, at longer distances the beam can be many inches across. Any person who knowingly and intentionally projects a point of light from a laser, laser gun sight, or any other device that simulates a laser at an aircraft is guilty of a Class 1 misdemeanor. (a) It shall be unlawful for any person to distribute, sale or barter, any laser pointer or device to any adult except under the following conditions:----- (1) Any distribution of any laser pointer or device shall be verified by the manufacturer's or distributor's technical specifications confirming that the pointer or device is not more than 1 milliwatt, and the proof of wattage as shown by the technical specifications which must be maintained by the merchant, to be available upon demand of law enforcement. FAA will issue either a "letter of non-objection", or they will object to one or more elements of the show. means is a device that emits light through a process of optical amplification based on the stimulated emission of photons. D. Aiming a laser pointer at an occupied aircraft is a class 1 misdemeanor. An authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct research and development or flight test operations. (signed by the City Clerk). US: FDA/CDRH recommends aircraft/vehicle caution label. (4) Aiming the beam at any car, truck, bicycle, motorcycle, bus, golf cart, boat or other watercraft, airplane, helicopter or other aircraft, or any other type of motorized or non-motorized vehicle while it is occupied or being operated by a person. [seal]Attest:/s/ Charles B. McKennaChief Counsel to the Governor. stream Perspectives & Opinions / Informed advice / ion-quote. For the purposes of this section, "laser pointer" means any device that emits laser light to project a beam that may be used for aiming, targeting or pointing out features.c. Adults, of course, may use laser pointers that don't exceed 5 milliwatts in their output. 3 0 obj AMENDATORY 21 O.S. . 10-134.2 Lorelei Salas, Commissioner, Department of Consumer Affairs William J. Bratton, Commissioner, Police Department City of New York, Bill de Blasio , Mayor (3) Aiming the beam at any animal or the nest or habitat of any animal, including but not limited to turtles, dogs, cats, birds, livestock, pets, or other wild or domesticated animals. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded on the repealed or amended act or law, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. If you make your own laser projector and use it only in your home (e.g., it is not "entered into commerce") then both the projector and the show would not be required to be reported to FDA. 2.2. 4 0 obj AN ORDINANCE TO AMEND CHAPTER 58, ENTITLED OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND. New Jersey Governor Chris Christie vetoed a law, apparently signed by Tennessee's governor, STATE OF TENNESSEE PUBLIC CHAPTER NO. Violation is a misdemeanor with a penalty of up to six months in jail and up to a $5,000 fine. Seller collects sales tax for items posted to the following states: State Sales tax rate * Tax applies to subtotal + postage & handling for these states only . code or county). As added by P.L.70-2000, SEC.1. Some laws make it illegal to sell, attempt to sell, or give a laser pointer to a minor or to point a laser at a law enforcement officer, at an animal, into someone's eyes, or into a moving vehicle. Laser pointers and devices offered for sale in their original unopened packaging which confirms that the devices are 1 milliwatt or less in output are sufficient proof of compliance. may be used as part of a power point presentation and/or within a meeting of any kind for educational or instructional purposes and said use shall not be a violation of this Section. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 25th day of August, 1998. 418 (Second Reprint) without my approval. The language within Penal Code 417.25 states that it is okay to point a laser scope or pointer at another person, even in a threatening manner, in self-defense. Nerds and cat ladies alike should have stopped with their laser pointer keychains and questioned: "Are laser pointers illegal?". 2005-159. Nothing in this ordinance shall be deemed to preclude the legitimate use of laser pointing devices by law enforcement personnel in the discharge of their duties. 1, eff. Shining a laser pointer at cops, firefighters, ambulance workers or other uniformed workers is not only uniquely lame, but also incredibly illegal. Sec. No laser scope/pointer This can cause a detectable injury to the retina, if the laser stays in one spot for a few seconds. ZIP Current trends now place emphasis on classification, controls, and training. Perspectives & Opinions / Informed advice / ion-quote. The federal penalty is up to 5 years in a federal prison and/or a fine of several thousand dollars. The beam is much larger at long distances than you might think. Summary of the laser safety related regulatory trends obtained following a polling of the state agencies concerned with laser activities. International (non-U.S.) laws U.S. laws Laser pointer permits Analysis, status of HR 386 A proposed U.S. laser law If you are writing a laser law. Pointing a laser at an aircraft places all the persons aboard in mortal jeopardy. Comprehensive state standards relating to laser safety matters currently exist in ten states. By an individual using a laser emergency signaling device to send an emergency distress signal. That's why it's disturbing that the study's co-authors found some of the "regular" laser pointers tested much higher than what was advertised on the labels, with one even clocking in at an insane 66.5 milliwatts. It is the merchant's responsibility to obtain proof from the seller/vendor wholesaler. AN ORDINANCE OF THE CITY OF NORTH MYRTLE BEACH PROVIDING THAT THE CODE OF ORDINANCES, CITY OF NORTH MYRTLE BEACH BE AMENDED BY REVISING CHAPTER 16 "OFFENSES AND MISCELLANEOUS PROVISIONS" ARTICLE I, "IN GENERAL," SECTION 16 TO REGULATE THE USE OF LASER DEVICES.BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINA, IN COUNCIL DULY ASSEMBLED, THAT:WHEREAS, laser pointers are small handheld devices, usually battery operated, equipped with a laser diode emitting a very narrow laser beam of visible light, intended to be used to highlight something of interest by illuminating it with a small bright spot of colored light; andWHEREAS, laser pointers are often used in educational and business presentations for visual demonstrations as a pointing device, are useful in the construction setting, and for certain gun sights; however, if they are aimed at a person's eyes, they can cause temporary disturbances to vision, and in some cases permanent retinal damage; andWHEREAS, when pointed at aircraft at night, laser pointers may cause spatial disorientation, and otherwise dazzle and distract pilots at critical times, and have been used maliciously to distract or annoy individuals on the ground as well as in the air; andWHEREAS, recently there has been a proliferation of lasers in the marketplace, particularly higher powered lasers of greater than 1 milliwatt output and brighter color (e.g. In New York, for example, it's a misdemeanor for someone to give, sell or even offer to sell a laser pointer to anyone who is 18 years old or younger. California states it is a criminal offense to use a stun gun or Taser on a peace officer. Additionally, Ocean City has an airport frequented by planes and helicopters. 631:3-a Conduct Involving Laser Pointing Devices. green), due to their appeal as a recreational device, coupled with the low cost of manufacture; andWHEREAS, especially because of these higher powered lasers, with the resulting increase in their intensity and range, and extra potential hazard when pointed at objects and people, there also has been a dramatic escalation recently in the number of incidents in which damaging laser beams are being directed at people and aircraft in Horry County; andWHEREAS, the U.S. Coast Guard, Charleston Sector, has reported several recent cases where pilots were forced to land their aircraft and abort missions during search and rescue operations after being hit with laser beams, particularly debilitating when the pilot is wearing night vision equipment; andWHEREAS, during the summer of 2012 alone, there have been over 70 reported incidents of aircraft being hit by lasers in and around the Myrtle Beach International Airport.WHEREAS, therefore, it is the will of City Council to provide for regulation of the sale, possession, and use of laser pointed devices in the City, and to provide for the enforcement thereof, in the interest of the public's health, safety, and welfare.NOW, THEREFORE, the following law with respect to the regulation of laser pointed devices is hereby ordained and enacted:ARTICLE I: IN GENERAL.Sec. There are four classes of lasers, Class 1, Class 2, Class 3, and Class 4 and certain countries will prohibit high powered lasers or may require the law to be followed for high power level lasers. This act takes effect upon approval by the Governor. However, if the conduct causes bodily injury to the officer, it is a third-degree felony punishable by 2 to 10 years in prison and a maximum $10,000 fine. Failure to demand identification to verify an individual's age is not a defense to an action initiated pursuant to this subsection. In December 2014, the United States Navy reported that the LaWS system worked perfectly against low-end asymmetric threats, and that the commander of Ponce was authorized to use the system as a defensive weapon. The penalty for aiming a laser at an aircraft or its flight path is five (5) years in prison and an $11,000.00 fine. By using special equipment and techniques, it is possible to expose an audience to laser light. Added by Acts 2003, 78th Leg., ch. (2) The minor's possession of the laser pointer is necessary for his or her employment, trade or occupation and it is necessary for the laser pointer to be carried on his or her person. After verifying the adult status of the customer, the merchant shall require the customer to affix his signature under the legible printed name affirming that the warning has been provided and read. Can I do audience scanning if I have special equipment? 2011, Section 1992 is the Laser Safety Act. It was, OREGON: "Unlawful directing" of a laser pointer, PUERTO RICO: Illegal to aim at aircraft or law enforcement officers. 16-54. (a) It shall be unlawful for any minor to possess a laser pointer or device, while not under the direct supervision of a parent, guardian or teacher, which parent, guardian or teacher takes full responsibility for its possession and use under this Article, and bears the full consequences of its misuse. Legal Interpretation of 14 CFR 91.11, Interference with a Crewmember via Laser. The laser pointer prank lit up the cockpit of the helicopter with green light, which forced the pilots to protect their eyes and change course. (1) It is unlawful for any person to focus, or shine a laser pointer directly or indirectly onto another person or animal in any manner. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, SOUTH CAROLINA: No sales to, or possession by, minors, SOUTH CAROLINA: Myrtle Beach restricts minors and misuse, SOUTH CAROLINA: Old North Myrtle Beach ordinance as of September 17 2012, SOUTH CAROLINA: New North Myrtle Beach ordinance of February 2013, TENNESSEE: Aiming a laser pointer at a law enforcement officer or similar, TEXAS: Law enforcement and aircraft illumination, VIRGINIA: Interference with operation of aircraft, VIRGINIA: Illegal to aim lasers at law enforcement officers, VIRGINIA, city of Virginia Beach: Misdemeanor to aim into eyes, WASHINGTON STATE: Unlawful discharge of a laser, WISCONSIN: Restrictions on the use of laser pointers. 418 (Second Reprint) without my approval.This bill prohibits the sale of laser pointers that exceed one milliwatt in output power. The laser equipment must be reported to FDA by the manufacturer, the laser show user or operator must obtain a variance which gives permission to vary from FDAs normal laser power requirements, and the laser show user or operator must file a Laser Light Show Report with FDA. . SECTION 2. Below is the text of Governor Christie's, NEW YORK STATE: Illegal to aim a laser at an aircraft, or its flight path, OKLAHOMA: Laser Safety Act, $100 for first violation, $500 for second, 21 O.S. It's generally OK for people -- including kids -- to use laser pointers for valid instructional, school-related or employment purposes during normal hours of operation. Western Australia. Under condition 13(a) of the variance application, beams must be kept at least 2.5 meters laterally and 3.0 meters vertically from audience access. . The already-concentrated light is further focused by the lens onto a sharp ("diffraction-limited") dot on the retina. (a) It shall be unlawful for any person to direct the light from a laser pointer or device from public or private property upon another person, a person's means of conveyance, or an animal, on public or private property, or upon a watercraft, airplane, helicopter or other aircraft, in public airspace or waterways at any time. endobj Laser pointers or devices that are used illegally are contraband, and subject to immediate confiscation, in addition to any other law enforcement action. The Puerto Rico Legislative Assembly on July 30 2014 approved an Act to Prohibit the Unlawful Use of Laser Devices, S.B. Legally you cannot use Class 3B or Class 4 laser equipment for public/commercial displays until your variance has been approved by the FDA. (E) As used in this section, 'laser' means a device that utilizes the natural oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum, and when discharged exceeds one milliwatt continuous wave. When FDA receives your report, they will issue an Accession Number.. Laser beams can permanently blind a person or animal when the beam is directed into their eyes. In addition, some states and localities require registration or regulation of the lasers, show equipment and/or the laser operators. Visit our attorney directory to find a lawyer near you who can help. pU9{u]MRp$? State vs. Federal Court. 467, Sec. (b) "Laser pointer" means a hand-held device that uses light amplification by stimulated emission of radiation to emit a beam of light that is visible to the human eye. 1 0 obj DISORDERLY CONDUCT AND RELATED OFFENSES. S.A. Police: Not illegal. Some jurisdictions take it further and flat-out prohibit young people from possessing laser pointers. The U.S. Federal Aviation Administration "will pursue the toughest penalties" against persons who deliberately aim lasers at aircraft, Transportation Secretary Ray LaHood announced on May 16 2012. x][o9~Hdos\fv1zvY/#i,_/&-/'YXduc598!^;woQJHL2;/Y>/|(gT %%8$iT/D?b+I.Bg:cNlB>Md9-'wl2/d|2_gS&[f2vo#SJg>^.?VS[\?/}?#IZDqR2B({p~ kkD22F-R\V(i!q(3Uby/>#i16 GNJ(6[BjHbD*OY0!=G.7dH It lists firms and their products which are subject to "Detention without Physical Examination". When President Obama signed the FAA Modernization and Reform Act of 2012, he made it a federal crime to shine a laser beam at or in the flight path of aircraft. Two laws, (1) Aiming a Laser Pointer at an Aircraft and (2) the Medical Device Amendments to the Federal Food, Drug, and Cosmetic Act, cover laser-plane incidents. means anything constructed, erected or established, including but not limited to swimming pools, buildings, trailers, screened enclosures, patio walls, decks, or similar man-made features. Copyright 2017 Laser Institute of America. Anything more powerful than that is technically not a "laser pointer.". See the page on, Center for Devices and Radiological Health, Guide for Preparing Product Reports on Lasers and Products Containing Lasers, Application for a Variance from 21 CFR 1040.11(c) for a Laser Light Show, Display or Device, Reporting Guide for Laser Light Shows and Displays, Guide for Preparing Annual Reports on Radiation Safety Testing of Laser and Laser Light Show Products. Motives behind these acts remain unclear. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. A whopping 90 percent of green laser pointers in the study were not in compliance with the CFR regulations, compared to 44 percent of red laser pointers, according to the study. 2002-80; s. 1, ch. By continuing to use this site, you agree to our use of cookies. However, recent price reductions have led to wider marketing, and the City Council is concerned about the promotion and use of these products as childrens toys; and. Review of model state laser safety regulation activities of the Conference of Radiation Control Program Directors (CRCPD). A violation is a felony, punishable by up to five years' imprisonment and/or a maximum fine of $10,000. (a) A person commits aiming a laser pointer at a peace officer when he or she intentionally or knowingly aims an operating laser pointer at a person he or she knows or reasonably should know to be a peace officer. In most countries, the purchase and ownership of lasers are legal. by inserting after paragraph XIII the following new paragraph: by inserting after paragraph VIII the following new paragraph: SECTION 1. In the most notorious case, on January 4, 2005, New Jersey stargazer David Banach was . 11-18AN ORDINANCE BANNING THE POSSESSION AND SALE OF LASER POINTERS IN OCEAN CITY, BE IT ORDAINED by the Mayor and Council of the City of Ocean City, County of Cape May, State of New Jersey, as follows:Section 1.Chapter IV, "Police Regulations," is hereby amended to include the following:Purpose: Ocean City is a shore community surrounded by waters traversed by vessels of all types. 21 CFR 1040.11 (b) and 1040.11 (c), limit surveying, leveling, and alignment, and demonstration laser products to Class IIIa. (C) An individual who knowingly violates the provisions of subsection (A) or (B) in person, by agent, or in any other way is guilty of a misdemeanor and, upon conviction, must be:-- (1) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars;-- (2) for a second offense, which occurs within three years of the first offense, fined not less than two hundred dollars nor more than three hundred dollars; and-- (3) for a third or subsequent offense, which occurs within three years of the first offense, fined not less than three hundred dollars nor more than four hundred dollars. - Regulating the use of laser pointers. Laser pointers or devices offered for distribution, sale or barter that do not have the proper proof of wattage limitations are subject to immediate confiscation as contraband. State laws dictate that stun guns or taser devices are legal for civilian self-defense in 48 of the 50 states as long as: You . If you are hiring a professional laser show company, such as an ILDA Member, they should be aware of any and all requirements and should take care of the paperwork and details for you. ", MISSOURI: Aiming a laser at a uniformed safety officer, MISSOURI, city of Springfield: Restrictions on possession, use, MISSOURI, city of Joplin: Restrictions on possession, use, NEVADA: Directing laser light with intent to interfere with an aircraft, NEW HAMPSHIRE: Illegal to shine a laser at an occupied aircraft, vehicle, window or at a person, NEW JERSEY, town of Ocean City (2011): Ban on laser pointer sales and possession, NEW JERSEY: Oct. 2013 - Governor vetos bill to ban laser pointer sales over 1 mW, On October 17 2013, New Jersey Governor Chris Christie vetoed proposed bill A3169/S418, passed by the legislature 106-8, that would have banned the sale of laser pointers over 1 milliwatt. This website uses cookies to deliver some of our products and services as well as for analytics and to provide you a more personalized experience. Sec. (signed by the Mayor and Council President)The above Ordinance was passed by the Council of Ocean City, New Jersey, at a meeting of said Council held on 23rd day ofJune, 2011 and was taken up for a second reading and final Passage at a meeting of said Council held on the 14th day of July, 201l in Council Chambers, City Hall, Ocean City, New Jersey at 7:00 o'clock in the evening. The aviation law incident was investigated by the FBI as well as Cathedral City police. Together, these existing state and federal criminal penalties are an important deterrent to the dangerous misuse of laser pointers.This bill, however, goes well beyond the federal standards and would ban a whole class of one- to five-milliwatt laser pointers currently for sale at office supply stores as well as by the largest online retailers in the United States. All laser pointers that are available to the Australian public must have a radiant power output of less than 1 milliwatt. "Police officer" shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, and probation and parole officers. The criminal laws already protecting New Jersey residents from the dangerous misuse of laser pointers would not be bolstered by an arbitrary one-milliwatt sales restriction that is inconsistent with federal standards.Accordingly, I herewith return Senate Bill No. for each subsequent offense.Section 2.All ordinances or portions thereof inconsistent with this Ordinance are repealed to the extent of such inconsistency.Section 3.If any portion of this Ordinance is declared to be invalid by a Court of competent jurisdiction, it shall not affect the remaining portions of the Ordinance which shall remain in full force and effect.Section 4.This Ordinance shall take effect in the time and manner presecribed by law. Excluded are the possession and use of laser gun sights when possessed and used for lawful hunting purposes, or for self-defense as defined by law. Queensland Police: Not a weapon and no laws specifically covering laser pointers. Note that manufacturing a projector could simply include putting scanners or a diffracting glass in front of a general-purpose laser. Added by Acts 2007, 80th Leg., R.S., Ch. Laser safety requirements in the U.S. are usually centered on specific Federal Government and voluntary standards such as: It is of note that activity in writing laser regulations at the state and local government levels has significantly increased since 1997. If you buy a commercially-available laser projector for home use, you appear to need a variance before the seller can turn over the projector to you. The information provided below is intended to support the partnership between the FAA and LEAs in addressing these activities. In addition to concerns over powerful laser pointers, laws in many states prohibit young folks from bringing laser pointers onto school grounds or other places. In addition, federal law imposes criminal penalties for the dangerous misuse of a laser pointer, including fines, and up to five years in prison. Each year, Ocean City experiences incidents in which a vessel, plane or helicopter is illegally targeted with a laser pointer operated in Ocean City, and often purchased in Ocean City. But what you may not realize is that those cat owners may be breaking the law in the most adorable way possible. The illegal use of laser pointers creates risks and dangers for those targeted by the beam of the laser, as well as for the citizens of Ocean City. (b) REQUIRED WARNINGS OF USE. (5) Aiming the beam at any reflecting device such as mirrors, lenses, polished surfaces and similar items in such a manner as to cause the beam to be redirected or amplified in a manner which may violate any of the above provisions. . A person using a laser emergency signaling device to send an emergency distress signal. Is a laser flashlight a "laser" in California? As used in subsection (3), the term "laser lighting device" means any device designed or used to . Federal rules for consumers owning or using lasers in the U.S. Federal rules for sellers of laser pointers in the U.S. Federal rules for users of lasers outdoors in the U.S. goals, purpose and statement of editorial independence. Review of the current trends at the state or local level regarding laser pointer regulatory and/or enforcement activities. AN ACT relative to shining a laser pointing device at an aircraft or vessel, or at another person. FAA requests at least 30 days notice in order to study the show and how it relates to air traffic. (c) It shall be unlawful for any person, other than a parent, guardian or teacher, to knowingly provide a laser pointer or device to a minor. enchanted acres wedding venue,

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