Visit our Cookie Notice to learn more. 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. Any laser demonstrations, displays or shows that use lasers above 5 milliwatts must have a variance from FDA. 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. (c) "Law enforcement officer" means a . These state criminal penalties impose strict punishment of up to five to ten years in prison for a second-degree offense where the act causes serious bodily injury. Remember, your cat video won't be so cute when you accidentally incinerate Fluffy's retina. Copyright 2023, Thomson Reuters. 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. Prohibited uses; exceptions. This act shall become effective November 1, 2015. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 25th day of August, 1998. Are Laser Pointers Illegal? - FindLaw Radiation Control, Article 14. 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. The laser projector (this includes the laser and anything to shape, steer or modulate the light) must be reported in advance using FDA Form 3632, . A laser pointer is a hand-held laser that is most often used in educational settings. Proof that is demanded, presented, and reasonably relied upon for the individual's proof of age is a defense to an action initiated pursuant to this subsection. Although it may seem harsh to make aiming a laser at an airplane illegal, these rules . 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. 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. 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. 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. A second or subsequent violation triggers the possibility of even greater sentencing. ZIP Aiming a laser pointer at a peace officer. 2C:33-14, it is unlawful for a person to purposely or knowingly shine, point, or focus a laser beam upon a person operating any vehicle. Sec. LX? All rights reserved. State Regulations Comprehensive laser regulations vary considerably from state to state and have been historically concerned with registration of lasers and licensing of operators and institutions. A person using a laser emergency signaling device to send an emergency distress signal. A rising number of commercial aircraft pilots have reported having lasers directed at them while carrying passengers, leading Congress and several states to approve legislation making the act illegal. Such show descriptions must be included in the user instructions and the report for the laser projector. Adults should especially be careful about using laser pointers with green lights. TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77 TO TITLE 39 SO AS TO PROHIBIT THE SALE, POSSESSION, AND USE OF CERTAIN LASER POINTING DEVICES UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE DEFINITIONS, EXEMPTIONS, AND REMEDIES.Amend Title To ConformBe it enacted by the General Assembly of the State of South Carolina: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 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, due to their appeal as a recreational device and low cost to manufacture, there has been a recent proliferation of lasers in the marketplace, particularly higher powered lasers of greater than one milliwatt output which feature brighter colors; 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 in the number of incidents in which damaging laser beams are being directed at people and aircraft; andWhereas, the United States 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 that are particularly debilitating when the pilot is wearing night vision equipment; andWhereas, during the summer of 2012, there were more than seventy reported incidents of aircraft being hit by lasers in and around the Myrtle Beach International Airport alone; andWhereas, it is the will of the General Assembly to provide for the public's health, safety, and welfare through the regulation of the sale, possession, and use of laser pointing devices. Point Laser at Cops? Get Sent to Fed Prison - FindLaw Added by Acts 2003, 78th Leg., ch. . 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. That doesn't say much, however, since the NIST study showed that only 26 percent of the laser pointers tested met industry standards. PARENTS, GUARDIANS, RESPONSIBLE ADULTS: YOU WILL BE HELD PERSONALLY RESPONSIBLE FOR THE MISUSE OF THIS DEVICE BY ANY MINOR TO WHOM YOU PROVIDE THIS DEVICE, OR BY ANY OTHER PERSON TO WHOM THAT MINOR PROVIDES THIS DEVICE. (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. 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. PDF Inspection Checklist: Laser Pointers - nyc.gov 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. Chapter 784 Section 062 - 2011 Florida Statutes - The Florida Senate Visit our Privacy Policy to see whats new. US: FDA information for laser pointer manufacturers, In 2017 the U.S. Food and Drug Administration posted a webpage with ", US: FDA proposes changes to Federal Laser Performance Standard, US: FDA proposes allowing only red laser pointers. 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. 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. This document gives the variance holder permission to vary from the 5 milliwatt limit, by using more power. WARNINGLASER POINTERS: Selling or giving a laser pointer to anyone 18 years of age or under is PROHIBITED BY LAW and punishable as a MISDEMEANOR. However, most people don't realize how illegal it is to shine a laser pointer at an aircraft. Tellingly, the Legislature points to no instance of this class of laser pointer being used by even a single criminal in New Jersey.For these reasons, placing the New Jersey Division of Consumer Affairs in charge of enforcing sales restrictions that exceed federal standards is not likely to deter dangerous conduct, but instead will interfere with otherwise lawful commerce within New Jersey. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.SECTION 3. Laser or laser pointer airspace uses that have been reviewed and approved by the Federal Aviation Administration are exempt from the provisions of this Code section. A minor under the age of eighteen may possess a laser device if it is:----- (a) used by an individual as an emergency signaling device to send an emergency distress signal;----- (b) used for legitimate educational purposes so long as it is used solely for that purpose;----- (c) used for legitimate business purposes and during the normal course of that business;----- (d) necessary for the individual's employment, education, trade or occupation, so long as it is used solely for that purpose; or----- (e) used as part of a gun sight, so long as it is used in a lawful manner.-- (2) A minor who knowingly violates a provision of this subsection in person, by agent, or in any other way commits a noncriminal offense and is subject to a civil fine of twenty-five dollars. %vvG N"Yb}\D;8VVfOBb':Uh-` ]K=[\+q^'>U6v WHEREAS, the Food and Drug Administration has issued a warning to parents and school officials about the possibility of eye damage to children from hand-held laser pointers.
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