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发表于 2012-12-16 15:24
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Federal rules for those owning or using lasers in the U.S.
In the U.S., it is legal under federal law to own a laser of any power. But often people talk about “illegal laser pointers”. This is somewhat confusing shorthand meaning that the manufacturer or seller illegally called a laser above 5 milliwatts a “pointer”, or illegally promoted it for pointing purposes.
Manufacturing and selling is illegal, not possession or safe use
Under federal law, it is perfectly legal to sell any laser above 5 mW as long as the laser complies with FDA/CDRH laser product requirements for labels, safety features, quality control, etc. AND as long as the laser is not promoted as a “laser pointer” or for pointing purposes.
If a laser over 5 mW is called a “pointer” or is sold for pointing purposes, the person doing the illegal action is the manufacturer or seller. If the consumer (end user) has a mislabeled or non-compliant laser, it is legal for them to possess it. We are unaware of any cases where a non-compliant consumer laser has been taken from its owner simply for being mislabeled or because it did not have the safety features of its class.
Of course, if a person uses a laser irresponsibly, then it may be confiscated. This confiscation could be done by private parties such as theater owners or concert promoters, or by police or other law enforcement officers.
What happens if I have an “illegal” (non-compliant) laser?
If a laser is found to be non-compliant, the manufacturer may be required by FDA to take corrective action such as offering a repair, recall or refund. However, it is not legally required for the owner to repair or turn in the laser. Consider a person who has a Toyota that is recalled for safety defects. If the person does not take their car to the dealer for corrective action, they still get to keep their car -- the government cannot confiscate it.
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发表于 2012-12-14 17:15
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