"Law enforcement officer" means any police officer, peace officer, sheriff, deputy sheriff, correctional officer, probation or parole officer, emergency management employee, judge, magistrate, or any employee of a governmental agency who is authorized by law to engage in the investigation, arrest, prosecution, or supervision of the incarceration of any person for any violation of law and has statutory powers of arrest. Humble laser pointers, used by thousands of skygazers to show beginners the way to stars and constellations, is coming under fire from U.S. federal and state authorities following thousands of incidents in which laser beams have "painted" aircraft in flight. endobj FDA will not allow any FAA-objected elements to be included in laser shows. 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. State Radiation Authorities: Laser pointers of more than 1mW are illegal to own, use and trade. A person using a laser emergency signaling device to send an emergency distress signal. (1) In this section: (a) "Correctional officer" has the meaning given in s. 941.237 (1) (b). For a detailed description of the proposal, and FDAs rationale behind this move, see our October 26 2016 news story. In the NJ Criminal Code, under N.J.S.A. 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. Basically, if it feels like the perfect prank, it's probably not OK. If you have been injured in a car, trucking accident, or any kind of injury caused by someone's negligence, we are here to help! Do not submit it using the same procedure as submitting variances; the procedure is different. C. Aiming a laser pointer at a peace officer is a class 1 misdemeanor. (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. 631:3-a Conduct Involving Laser Pointing Devices. Regulated sales. 467, Sec. The list is organized by country of origin. A person commits the offense of using a laser pointer if such person knowingly directs a light from a laser pointer at a uniformed safety officer, including a peace officer as defined under section 590.010, security guard, firefighter, emergency medical worker, or other uniformed municipal, state, or federal officer. Paperwork Reduction Act statement The . This means that pointers are limited to 5 milliwatts output power in . (b) It shall be unlawful for any parent, guardian, person acting in loco parentis, or responsible adult to purchase and give to any minor, or permit any minor in their custody to possess or use, a laser pointer or device while not under the direct supervision of such parent, guardian, person acting in loco parentis, responsible adult, or teacher.Sec. A second or subsequent violation triggers the possibility of even greater sentencing. Passed as Section 311 of H.R. 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. Enacted by Chapter 67, 2001 General Session, unless he is authorized by the Federal Aviation Administration or the armed forces of the United States. These products are generally safe when used as intended by teachers and lecturers to highlight areas on a chart of screen. The current trend is to include medical laser uses in the regulatory requirements. [seal]Attest:/s/ Charles B. McKennaChief Counsel to the Governor. Official websites use .govA .gov website belongs to an official government organization in the United States. 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. 1, eff. For example, New Jersey has enacted stringent penalties that criminalize aiming laser pointers at any vehicle, including an airplane. Adults, of course, may use laser pointers that don't exceed 5 milliwatts in their output. 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. September 1, 2007. South Australia. Indeed, this legislation would ban the sale of one of the most common classes of consumer laser pointers, which are not typically used by criminals, but by business professionals to deliver presentations. 574.110. New York City Administrative Code Section 10-134.2 Regulation of laser pointers. (b) Law enforcement exemption. Even though the laser projects a small, millimeter-sized dot close up, at longer distances the beam can be many inches across. ", 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. 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. 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. (c) "Law enforcement officer" means a . refers to the rapid spreading out of laser light in such a manner as to avoid concentration of such light into a beam. Adults should especially be careful about using laser pointers with green lights. It is a federal felony crime to aim a laser pointer at an aircraft, or at the flight path of an aircraft. 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, . Visit our Cookie Notice to learn more. . See, Many countries regulate laser light shows. Note: 163.709 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. Radiation Control, Article 14. (B) It is unlawful to sell a laser device to an individual who does not present upon demand proper proof of age. Shining a laser pointer at a drone is illegal and may not interfere with its communication. 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. 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. Pointing a laser at an aircraft places all the persons aboard in mortal jeopardy. 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. 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. 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. Search, CALIFORNIA: Los Angeles bans lasers at demonstrations, CONNECTICUT: Limitation on sale and use of laser pointers, FLORIDA: Law enforcement and illuminating vehicles, FLORIDA: City of Leesburg bans laser harassment in 1999. Section 311 amended Title 18 of the United States Code (U.S.C.) (b) Laser Pointer Defined. As used in this section, the term " laser pointer " means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. But what you may not realize is that those cat owners may be breaking the law in the most adorable way possible. If greater than 1 milliwatt, the distribution, sale or barter must be accompanied by a statement concerning their use limitations, as set forth in this Article, with a written acknowledgment on the part of the buyer as to which exception(s) apply to the possession and use of such laser pointer or device.----- (2) Any distribution, sale or barter of each individual laser pointer or device must be accompanied by the written warnings of use as required herein, and a signed customer receipt that the warnings of use have been provided in conjunction with the distribution, sale or barter. Amended by P.L.232-2003, SEC.2. 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. Pilot exposure to the beam can result in flash blindness, glare and distraction in the immediate task of piloting the aircraft. 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. What should be done about laser pointers? Perspectives & Opinions / Informed advice / ion-quote. 82-19. Visit our Privacy Policy to see whats new. 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. US: FDA/CDRH recommends aircraft/vehicle caution label. 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. 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 . Laser pointer laws and regulations This section includes these pages: International (non-U.S.) laws U.S. national, state and local laws Laser pointer permits - A list of regulations requiring permits to acquire, import, use and/or possess a laser pointer An analysis and status of HR 386 - U.S. law in 2011-2012 Congress Washington, DC 20591 (b) REQUIRED WARNINGS OF USE. If a section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, that holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.SECTION 4. Under the terms of a laser show variance, FDA will require the variance holder to file a Notice of Proposed Outdoor Laser Operations with the Federal Aviation Administration, using the forms in FAA Form 7140-1 and the instructions in FAA Advisory Circular 70-1. Improperly used laser pointers can also pose a traffic hazard and a personal threat to motorists. 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. 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. Can Drones Fly Over Houses? See Wisconsin Statutes 990.01. 16-55. means any laser light emitting device that is not affixed to an immovable base, or any component of a fixed device that can be separated from its base and activated. Stay up-to-date with how the law affects your life. (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. FAA requests at least 30 days notice in order to study the show and how it relates to air traffic. 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. Added by Acts 2003, 78th Leg., ch. WARNING ON POSSESION [sic] AND USE OF A LASER POINTER OR DEVICEPARENTS! 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. stream Contact us. 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. 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. The short answer is no, normally you cannot permit laser light to touch or go near the audience or performers. Laser pico projectors and other high-divergence laser light sources are not included in this definition. . By now, most everyone knows that there are laws against shining laser pointers at planes, or shining them in peoples' eyes. Technically this applies only to "pointers", and laser light shows are different from pointers as defined in the law. ZIP (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. 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. This can cause a detectable injury to the retina, if the laser stays in one spot for a few seconds. In addition, it is difficult or impossible for . The, ARIZONA: Aiming a laser pointer at a peace officer or an occupied aircraft, General laws about laser use in Arizona are in the Arizona Administrative Code, Title 9. %PDF-1.7 (1) A person commits the offense of unlawful directing of light from a laser pointer if the person knowingly directs light from a laser pointer at another person without the consent of the other person and the other person is: (a) A peace officer as defined in ORS 161.015 who is acting in the course of official duty; or 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. In December 2012, the FDA's Center for Devices and Radiological Health began recommending labeling with the following, or similar, language: CAUTION - LASER LIGHT IS BRIGHT AND BLINDING - DO NOT SHINE AT AIRCRAFT OR VEHICLES AT ANY DISTANCE. This label is a recommendation only, and is not a requirement, because FDA does not have statutory authority over non-health hazards such as distraction or temporary flash blindness. !lj5AF&H4[Eq^{H^ /pjj}oRk7FFFhiR;OzYIRC;!ZTG5X,x)D5l}c+N,? >S. Law Enforcement Guidance for Identifying and Reporting Unauthorized Laser Illumination Incidents Against Aircraft (PDF), Federal Aviation Administration Miscellaneous laser info / High power; projectors; weapons, Laser dazzle and glare / A scientific definition / ion-ios-flower, Links / Articles, websites, courses / ion-link, About LaserPointerSafety.com // ion-person, Sponsorship opportunities / Help support LaserPointerSafety.com / ion-trophy, Important Information for Laser Pointer Manufacturers, proposing to amend the Federal Performance Standard for Laser Products, Radiation Control for Health and Safety Act of 1968, Section 13-1213 Aiming a laser pointer at a peace officer or an occupied aircraft; classification; definition. It's especially not OK to aim laser pointers at anyone in uniform. Editor's notes. Failure to demand identification to verify an individual's age is not a defense to an action initiated pursuant to this subsection. DO NOT BUY THIS PRODUCT FOR MINORS!THIS PRODUCT CAN BE CONSIDERED A WEAPON! 1040.11), the American National Standards Institute (ANSI Z136 Series), the Occupational Safety and Health Administration (OSHA). 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. @~g+!0 FtS`0%frtE\D9 . This guide is to be used for reporting laser light shows or displays incorporating Class IIIb or Class IV lasers only. 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 8pF>]8+N,c}~YP K1u.%imr$9b!iy'G v46>TZ+}EBXY*Q#iF4/S3MK\TM^(QYP;x[hhazrOrg"}hkP!/s7M}gQ\Bg^) 9&b'bc}cI?8JakW0W/VlA\W&>}J-w%0bf~Mq_m"M5t|,+V(b)\&NM0iZ`Gr]',G||6%G/A/tAo# If you buy a pre-made laser projector, it should already have been reported to FDA, and received an Accession Number from FDA. State and federal lawmakers, however, have already acted to prevent that misconduct. (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. Laser pointers are amazing, particularly for the easily amused. by inserting after paragraph XIII the following new paragraph: by inserting after paragraph VIII the following new paragraph: SECTION 1. The beam is much larger at long distances than you might think. Meeting with a lawyer can help you understand your options and how to best protect your rights. DISORDERLY CONDUCT AND RELATED OFFENSES. Since June 2011, FAA has taken action against 28 persons, with an average fine of $11,000 per laser strike. (b) Laser pointers or devices in the unlawful possession of minors are subject to immediate confiscation as contraband. 2 0 obj means a battery-powered portable handheld device that emits visible laser light in a narrow beam. 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 . 1, ch. All laser pointers that are available to the Australian public must have a radiant power output of less than 1 milliwatt. This act takes effect upon approval by the Governor. This discussion will attempt to review these developments by looking at the following major topics: Comprehensive laser regulations vary considerably from state to state and have been historically concerned with registration of lasers and licensing of operators and institutions. 16-54. Section 55-3-130 of the South Carolina Code of laws also makes it criminal offense to point, aim, or discharge a laser device at an occupied aircraft, in the air or on the ground, providing a potential sentence for a first offense of one year in prison, a fine of $2,000, or both. Whoever commits the crime of unlawful aiming of a laser at an aircraft shall be imprisoned with or without hard labor for not less than one year nor more than five years and shall be fined two thousand dollars.