it is 100% legal for a over 5mw DJ laser show device.
it is not legal just for over 5mw handheld laser pointers
that is incorrect information in the United States. In the U.S. any laser >4.95mW must adhere to
21 CFR Part 1040. therefore, must require variances to operate in public.
there is some debate whether a variance is needed for a "public" display if it is a Private event and/or if the event in question charges a fee.
As I am in no way the "End all, Be all" of Federal Laser regulations, I have had EXTENSIVE experience with variances, product reports, laser light show reports, and show notifications and *as far as i know, and as far as *I* have been educated on* monetary gain has no bearing on whether a Laser needs to be certified and varianced.
"Technically" a laser light show notification needs to be filed when i demo a laser for a client. At this point, there is no monetary gain and/or "cover charge." However, this is still considered to be a "Laser Light Show" and needs to be presented in accordance with applicable laws.
The bottom line is pretty simple though. In the U.S. Lasers, whether for display, education, industry, medical or any other form, are regulated and controled for safety. If a Laser in question is turned on in a public setting, consider it pretty safe to assume that the laser needs to be certified and varianced. (above 4.95mW). I am sure there may be "grey areas" on this matter. But i assure you, the greay ares do not apply with any sort of lasers being discussed here.
-Marc