Broaden restrictions on replica firearms

The Key West Citizen ^ | Sat, Jul 26, 2008 | The Citizen

[beltfed308]

Bam! The amount of time it took to read the first word in this editorial — less than a half a second — is the amount of time a police officer has to make a life-and-death decision when confronted by an individual with a gun. We believe this is the core issue surrounding the recent controversy regarding the sale of air-powered toy and pellet guns that are designed to mimic real guns.

These guns propel plastic BBs at various velocities using carbon dioxide canisters or batteries. They are intended for use in target practice and military combat simulation games. This combat simulation is commonly referred to as "airsoft," which has similarities with paintball. Named after this combat simulation game, Airsoft guns look and feel so real that some police departments actually use these toy guns in officer training.

Federal law requires these toy guns to have an orange plastic tip, but the tips are easily removed or blackened, making them replica weapons.

From handguns to assault rifles, air-powered toy and pellet guns that look like the real thing have local police officials on edge. Recently the three encounters between Key West police officers and children as young as 15 banishing these realistic guns has created serious public concern. Interim Key West Police Chief Donie Lee stated, "These weapons are creating a life-and-death situation for police officers."

His statement is not an exaggeration.

Over the past several years, police officers, who thought play weapons were real, have shot and killed children wielding imitation guns in Florida, Maryland, Pennsylvania, Tennessee and Arkansas.

Countless others have been seriously wounded. Schools have been placed on security lockdowns when these toy guns surfaced in backpacks.

This issue has become serious enough that the sale and/or ownership of airsoft guns is illegal in Connecticut, New Jersey and New York. Some cities have placed restrictions on their sale, ownership and use in public places. Some locales consider it "aggravated assault" to intentionally shoot an airsoft gun at another person in public.

Clearly the goal of the design of these toy guns was to blur the reality between a "toy" and a "real" weapon. This blurring of reality has had and will have deadly consequences.

We believe in the individual's right to own toy guns, whether they look real or not. However this right should not trump public safety.

We commend Key West Commissioner Clayton Lopez and Assistance City Attorney Ronald Ramsingh in taking leadership on this issue by drafting an ordinance for City Commission consideration that will ban the sale of airsoft guns to anyone under the age of 18 in Key West — and include fines for noncompliance of this ban.

We believe that there is justification for the city to broaden restrictions on airsoft guns that are replica weapons. Consideration should be given to banning them from public gathering areas, including public streets, public parks, public transportation and school grounds. Further we believe consideration should be given to transporting these replica guns in gun cases and preferably locked in a car trunk.

We encourage a thoughtful and expedited approach to this issue by the Key West City Commission, Police Department and city attorney. An enforceable and fair ordinance is needed to protect citizens from the careless use of replica guns.

As a matter of public safety, we ask that everyone, especially the parents and children of our community, to follow the advice as stated in a disclaimer of an Internet vendor of airsoft guns:

"Use your head. These guns are indistinguishable from actual firearms. Do not take airsoft guns into public places."

— The Citizen

[beltfed308]

Working on responding to this garbage and would appreciate some input. I will post my rough draft below.

Fregards

[beltfed308]

Dear Editor,

I wish to commend the Citizen once again for its support to have more laws passed on the citizens of Key West.

The latest call is for the broadening of “restrictions” of so called replica “weapons”. Airsoft toys to be specific. Is a battery powered or CO2 plastic BB toy our new WMD that needs such immediate City action now?

There are laws already in place on the state level for anyone threatening or using any type of weapon/firearm real or not in the commission of a crime. Unless redundancy is the order of the day so the City can have a warm fuzzy feeling at night this is ridiculous!

The only time an officer is facing a life or death decision concerning these toys is if it is pointed at themselves or another human being. Would they be justified in using deadly force? Maybe, but it would certainly depend on the situation. That is where judgment comes in. That is what officers are supposed to be trained for.

The toys I had playing cops and robbers or cowboys and Indians certainly looked the same as real weapons back then and went BAM as they were even cap guns. The police perhaps back then had a better grasp of threat recognition otherwise my entire neighborhood would have been wiped out by the local police department.

In high school at track meets we had GASP…..starter pistols! On school grounds no less!

What will be the next threat facing our police and City Commission? How about super soakers and squirt guns as those can easily be painted black? Pointed sticks and baseball bats? Perhaps they all should have the same requirements of being cased and locked in the trunk of a vehicle as the Citizens editor has proposed.

We have failed as a free society if we allow any form of government to start treating toys as a threat to public safety.

That is unless only the police are trained and professional enough to have Airsoft toys.

Where have I heard something like that before?

Perhaps the City at the same time should pass an ordinance prohibiting making real weapons to look like toys. After all, somebody could paint them orange so they don’t look realistic.

[Boundless]

> ... would appreciate some input.

There is already a law of nature in place on this.

Brandishing a toy weapon in front of any armed
person, esp. law enforcement, can get you killed.
The likelihood rises with how realistic the toy is.
Period. No appeals.

So we already have the death penalty for being stupid
with toy guns. No additional paperwork needed.

[DJ Taylor]

If you ban toys, only criminals will have toys.

[kingu]

We commend Key West Commissioner Clayton Lopez and Assistance City Attorney Ronald Ramsingh in taking leadership on this issue by drafting an ordinance for City Commission consideration that will ban the sale of airsoft guns to anyone under the age of 18 in Key West — and include fines for noncompliance of this ban.

Get mommy or daddy to buy it; eh, seems like a common sense business practice, not something that needs to be a law.

We believe that there is justification for the city to broaden restrictions on airsoft guns that are replica weapons. Consideration should be given to banning them from public gathering areas, including public streets, public parks, public transportation and school grounds. Further we believe consideration should be given to transporting these replica guns in gun cases and preferably locked in a car trunk.

So the solution to having toy guns that might be confused with real guns is to treat them exactly like real guns? I think that's beyond where this just goes into the twilight zone. I love how school grounds is specifically included, but how one gets it to school grounds when one has to use public streets to get there, I don't know.

Banning airsoft guns because someone might get paranoid isn't the solution, neither are little orange tips on guns. If I was of a criminal bent, I'd have a little orange piece of plastic on the end of my gun - that hesitation on the part of law enforcement might just save my hide.

[Waco]

see how important it is to outlaw crime?

[wardaddy]

meanwhile at the Key West Community Center tonight’s classes on Man/Boy love instructions and tender fisting and filching will be held at the customary times.

please leave your Red Ryders at home attendees!

[beltfed308]

If I was of a criminal bent, I'd have a little orange piece of plastic on the end of my gun - that hesitation on the part of law enforcement might just save my hide.

Correct and pretty much the gist of my last line.

I appreciate the feed back. I feel like I am behind enemy lines down here.

[wastedyears]

Kids shouldn’t run around with replica firearms.

Waterguns are perfectly fine.

[KrisKrinkle]

The toys I had playing cops and robbers or cowboys and Indians certainly looked the same as real weapons back then and went BAM as they were even cap guns. The police perhaps back then had a better grasp of threat recognition otherwise my entire neighborhood would have been wiped out by the local police department. (Emphasis added)

Regarding the bolded sentence: I don't know when "back then" was for you, but for me "back then" was a time when people did not have to be so concerned with youngsters who were willing to shoot for real, even though they had access to real guns. Today youngsters are more willing to shoot for real when they have the means to do so. I'd take that part out.

[Jeff Gordon]

Darwin always wins in the long run.

[Condor51]

"The Citizen" is an idiot.

It's funny, but as a kid in the 50's I never got shot by a Chicago Cop when I wore this outside....

That is a Nichols Stallion 45 and is the finest, most realistic 'Colt Peacemaker' Cap Pistol ever made. Nor did a Chicago Cop ever give me a second look when I had my Mattel 'Fanner 50' strapped to my hip. Which just happens to be ANOTHER very realistic looking 'Colt'.

So jeez, what has changed in the USA in fifty years that now has the cops shooting kids with a (cough) replica gun? Dare I say it ..... nah, better not. I may get targeted (pun intended) by Obama's planned 'Civilian Security Force'.

BTW, under Chicago's Firearms Laws both of those Cap Pistols would have to be registered with the Chicago Police Department. (any cap pistol has to be registered)

[ApplegateRanch]

Kids shouldn’t run around with replica firearms.

Kids shouldn't be allowed to do ANYTHING that I routinely did as a kid.

They should just stay inside their hyper-hygienic homes, sitting in front of their parentally-controlled computer or game counsel all day, eating peanutless fat-free sustainably grown organic goo.

[Paleo Conservative]

Federal law requires these toy guns to have an orange plastic tip, but the tips are easily removed or blackened, making them replica weapons.

That's really stupid. A criminal could paint the end of a real rifle to make it look like a toy.

[supercat]

The rule for "replica" firearms should be very simple: point a replica firearm at someone who doesn't know it's a toy, and bear the consequences if that person thinks it's real.

While I don't have any movies of 'cops and robbers' from when I was a kid, I would expect that any reasonable person would be able to recognize the lack of mortal fear when kids are playing.

The real reason for the animosity toward replica firearms is that people who haven't been properly conditioned to cower in fear any anything that even vaguely resembles a gun might end up deciding to become gun owners.

[wastedyears]

Would you prefer a kid to run around with a black replica Glock or chrome-plated replica 1911, or something that obviously looks like a cap gun or squirt gun?

After that, what would a cop stop a kid for?

[ApplegateRanch]

Would you prefer a kid to run around with a black replica Glock or chrome-plated replica 1911, or something that obviously looks like a cap gun or squirt gun?

Go back up to #12, to see another take on this by Condor51.

Also bear in mind that while in 6-8th grades, I routinely, especially during the summer, went around with a High Standard 9-shot 'Sentinel' revolver strapped to my hip, including into stores & cafes, and NOBODY (except maybe a few tourests) ever gave it a second glance.

You're probably too young to have ever had a real childhood; whiffs of the nanny state influence oozing out of your post. The poison has even spread here, though in diluted form.

To answer your question, I would prefer a kid to play with the toy of his (& his parents') choice.

And I expect a cop to stop a kid for an overt illegal act rather than just for "looking scary" to some bedwetter Liberal.

[ApplegateRanch]

Here's an even better link. Wish I still had mine! Fanner-50

[Wil H]

I remember in the mid 80’s I was standing at the TWA Check In counter with a TV up behind the agent that was showing news footage of the Beirut (TWA) hijacking that was in progress at the time.

Checking in in front of me was a man with his young son who was clasping a replica flintlock rifle of Middle Eastern or Mediterranean design. It was plastic, but it looked reasonably authentic, but I’m no firearms expert.

The man was arguing with the agent about why TWA wasn’t going to allow the boy to carry it on.......

[Billthedrill]

We believe in the individual's right to own toy guns, whether they look real or not. However this right should not trump public safety.

Liberals and children are always doing this - claiming sole proprietorship of two conflicting principles and loudly demanding them both simultaneously. Life just doesn't work that way.

So what's it going to be? This is no new problem - the Founders realized it and said so specifically. You can have liberty or you can have safety, but not both at the same time. They're both noble ideals but they conflict. One may either give the one up entirely in favor of the other or come to a compromise. The problem with liberals and children is a stubborn refusal to recognize the compromise and a continued demand for both at once. That tends to make them very unhappy people.