Don’t you think if you saw this guy walk into your liquor store with this gun that you would feel differently? The kid in Cleveland certainly found out the hard way that a toy gun can very easily cause the same alarm and fear of personal harm as a real gun.
If he used it in a robbery pretending it was a weapon, I would be okay with shooting him or with prosecuting armed robbery (if the armed robbery statute specifically included look-alike weapons). What I object to is the imprecise reading of any law.