Should Criminals be Encouraged to Use Fake Guns?

Gun Watch ^ | 25 may, 2016 | Dean Weingarten

[marktwain]

Criminals tend to be optimists, at least when it comes to carrying out crimes.  They often envision only one scenario, and assume that everything will go as planned. It is one of the reasons that many criminals depend on imitation, toy, or replica firearms.  A number of  states treat the use of a replica or imitation gun the same as the use of a real gun in a crime.

No state requires a defender to determine if a gun pointed at them is real or imitation. There is no controversey in the law about that.  If the defender reasonably believes that they are under deadly threat, it does not matter if the perpetrator was using an imitation gun.

Imitation guns are less expensive and a bit easier to obtain than real guns. 

Some Texas police officers believe that the use of imitation guns for criminal purposes is on the rise. From cbslocal.com:

DALLAS (AP) -- Police in Texas say more crimes are being committed with imitation weapons such as BB guns, likely because they're cheap, easy to obtain and criminals may believe -- mistakenly -- that if they're caught, they'll avoid the severe punishment that can come with illegally possessing a real one.

California law differentiates between real and imitation guns in their laws on brandishing. From shouselaw.com:

1. Brandishing  a  pistol, revolver, or other firearm capable of being concealed upon the person... in a rude, angry, or threatening manner... in a public place:
   
   • a minimum three (3) month, to a maximum one (1) year, jail sentence, and/or
   • a maximum $1,000 fine.⁹²

1. Brandishing any other firearm... or brandishing a firearm in other than a public place... in the same manner:  not less than three (3) months in county jail.⁹³
2. Brandishing an imitation firearm: not less than 30 days in county jail.⁹⁴

Should the use of imitation firearms in crime be subject to the same penalties as real firearms?

I submit that penalties for the use of imitation firearms in crime should be less.  The criminal is putting the victim(s) at lower risk, and is putting themselves at higher risk. This is behavior that should be encouraged.

It is good public policy to reward this behavior with lower penalties, just as non-confrontational crime has lower penaties than crimes that occur in direct confrontation, such as robbery. 

I would prefer to confront a robber armed with an imitation gun instead of a real one.  I would prefer to confront a robber with an imitation gun instead of a knife or club.

Many criminals are ignorant of the law, so incentives do not always have a significant effect.  In this case, the law would reinforce an existing belief, so the chance of success is greater.

Replace criminals guns with imitation guns?  We should encourage this trend.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Link to Gun Watch

[marktwain]

Criminals using personal weapons (hands and feet), clubs, and knives, are more likely to injure a victim than those using guns.

Criminals often believe they need to show their willingness to use force with lesser weapons.

[anton]

Should criminals be encouraged to use fake guns? Sure. They should use Blas Tech 44’s and Lightsabers.

[areukiddingme1]

“Should Criminals be Encouraged to Use Fake Guns?”

This is exactly the kind of liberal f*&$tardedness that drives the rest of us insane — Hey criminals, how about stop breaking the “F’n” law...

[Maverick68]

Easy solution: kill the bad guys every time, problem solved.

[.45 Long Colt]

I’m all for it. I like my odds against some clown packing a Daisy.

[ilovesarah2012]

So stupid.

[BitWielder1]

Criminals should be encouraged to not be criminals.
Regulating *how* criminals should conduct their crimes is nonsense.

[ThePatriotsFlag]

They should make a law that if criminals commit a crime, if they have carry permits, their penalty is 1/2 of the normal penalty. (Where’s the /s? I offering this idea to liberals who will probably jump in it as a solution.) I can’t believe this is being discussed...if it looks like a gun, then the threat of possible harm is the same to the threatened person. Move this thinking forward. You are CCW, approached by a predator with a (toy) gun, you draw and kill him. Now is it still self defense if the gun is a toy? Watch what the libbies do with this situation. Bottom line, toy gun/real gun ...same THREAT of death, same penalty.

[MV=PY]

I think criminals should have to go to crime school and get permits before acting.

But only if the crime schools are private, not public.

Then we could jail the ones without permits.

[MrEdd]

The citizenry should encourage criminals to work real jobs, by shooting them dead whenever they attempt to steal or assault people.

[marktwain]

The perception is the same, but the danger is not.

Leftists claim that perception *is* reality, but it is not.

That is exactly the issue here.

Defenders have always been judged on their realistic perception of a threat. That is not an issue in the article.

The question is whether the law should take into account the reality of the threat, rather than the perception.

[ThunderSleeps]

I submit that penalties for the use of imitation firearms in crime should be less. The criminal is putting the victim(s) at lower risk, and is putting themselves at higher risk. This is behavior that should be encouraged.

No, the behavior that should be encouraged is to stop breaking the law.

This guy has obviously not thought this through very much, if at all. Like so much liberal drivel, it sounds good - on the surface. Sadly liberals all too often go with what sounds/feels good at first glance without ever considering real consequences.

Ok liberal lurkers out there, see if you can follow along, I'll take it nice and easy... Ask yourself, why don't you commit a crime? Why don't you pick up a gun and go hold up a local store, car-jack someone, etc? I mean, they have money you could use, a nicer vehicle ... why not? What is keeping you from doing that today, right now? I mean, aside from that whole moral/ethical thing and possibly not wanting to hurt others.

Now, I hope you lib lurkers are at least considering two other typical biggies: "I might get hurt" and "If I get caught I go to jail..." Really good reasons not to commit crimes right? Even if you have no empathy, no regard for the welfare of others.

Now look at what this fool is proposing: lessen the penalties for committing crimes with fake weapons. This is removing some of the dis-incentive for committing crimes. This will actually increase crime. Oh, all the while liberals are also pushing for gun control (aka disarmament) which lessens the other big dis-incentive, the chance of getting injured or killed while committing a crime.

Why is it so many liberal initiatives encourage more crime by making crime easier, safer, and with fewer consequences for the criminals?

[Zack Attack]

Of course criminals should be encouraged to use fake guns. Maybe these guns could even be provided with government funding. Makes sense to make this part of the curriculum at all government paid Criminal Training Schools. They should also be taught to be less demanding in their crimes. Phrases like "putting all the cash in this sack would be very helpful if you please" could go a long way to lightening some harsh attitudes towards criminals and make them seem less threatening.

--Sarcasm aside, um no. Criminals should not be encouraged to commit crimes, period! This thinking is from the same liberal mentality that says we should give free condoms to 12 year olds since they will "do it" anyway.

[Boogieman]

“Hey criminals, how about stop breaking the “F’n” law...”

That’s just “f*&$tardedness” from the other end of the political spectrum. There will always be criminals breaking the law, because it’s human nature. The best we can do is discourage them, mitigate the consequences of their choices on the rest of society, and remove them from society when we catch them.

[areukiddingme1]

“That’s just “f*&$tardedness” from the other end of the political spectrum.”

“soft bigotry of low expectations”

Make America Great Again!!!

[I want the USA back]

As long as 5 year old boys are thrown out of school for chewing a poptart into a shape that some consider like a gun, then criminals who use a fake gun need to pay the same penalty as those who use a real gun.

[marktwain]

Both are the product of “progressive” indoctrination that focuses on the perception instead of the reality.

Boys should not be thrown out of school for supposed pop tart guns, and criminals who pose a lower danger to society should face lower penalties.

[Portcall24]

I think that is what the author is saying. Go ahead and use a fake gun. I can’t tell the difference when you point it at me and neither will the coroner.

[556x45]

‘Criminals tend to be optimists, at least when it comes to carrying out crimes.’

Gotta diagree with his assessment. Criminals are opportunists not optimists. This explains their 1 dimensional tactical approach better than optimism.

[sig226]

Armed robbery means the robber used the threat of force to take something from someone else. The weapon isn’t the issue. It could be a gun, knife, broken bottle, or a pool cue. The crime is the threat and the theft.