Posted on 12/22/2013 6:48:15 PM PST by Doomonyou
To the surprise of even city council members, the Petaluma Police Department dusted off a little-known law last week in an effort to educate the public on the city's regulations regarding toy guns. The move comes in the wake of the shooting death of 13-year-old Andy Lopez by a Sonoma County Sheriff's deputy, who reportedly mistook a replica airsoft gun the teen was carrying for a real AK-47 assault rifle.
The shooting sparked a handful of phone calls from concerned citizens seeking information about the laws regulating airsoft guns, which caused the Petaluma police to announce the ordinance in a press release last week.
The obscure Petaluma Municipal Code 10.56 outlaws the discharge or public display of any firearms including airsoft and BB guns within city limits. Firing any type of gun within Petaluma's boundaries is a misdemeanor criminal offense punishable by a $75 to $500 fine and up to six months in jail. There are exceptions to the law that cover police officer's weapons and legally licensed firearms being used in self defense.
The ordinance also makes the public display of any type of firearm or toy replica illegal, other than transporting legally owned guns within the trunk of a vehicle. Petaluma police officers have ticketed individuals for firing BB guns and airsoft rifles within city limits in the past, but Petaluma Police Sgt. Jim Stephenson said it's a rare occurrence.
We've received a few calls from rural residents, complaining of people firing airsoft guns and pellet guns over the past few years, he said, unable to remember how many times officers have responded to such reports in recent years. We've cited a couple people for it, but it hasn't happened too often.
(Excerpt) Read more at petaluma360.com ...
Sue the city...sue the cop.
BTW, slingshots are considered “firearms” per this ordinance...
By this same reasoning, just to give one example, a wood-burning stove is illegal because it "fires", and "throws or projects bullets or missiles of any kind to any distance by means of elastic force, air or any explosive substance". Ever see a knot of pitch fire while a log is burning? And what about all those sparks then? Those are projectiles, under the same definition that bullets are.
I really should not expound about how a mortar could be legally argued as not falling under this definition as well...
The murder happened in Santa Rosa. Petaluma cops just pulled a knee jerk reaction to it. Check out post #69.
How does one fire or discharge an anvil?
Did this person who wrote this get his degree through the Looney Toons School of Law?
Probably the ones you get from ACME, I think you get 50% off on them too when you buy either a rocket pack or a set of portable holes...
It never had one.
That said - this whole case is BS - and that theyd dust off an obscure law to justify what happened and the speed in which it happened is frankly sickening and reinforces the notion there are so many laws we cant possibly know them all and yet we are told time and time again - ignorance of the law is no excuse.....in this case it cost this kid his life
similar problems here in NY So I changed my registration to Dem just so I could mess with their Primaries and elections - If we are going to win - we are going to have to stop playing politely, and use their subversive tactics against them
Dang, even if a five year old had a real gun I couldn’t shoot him, especially when he’s alone in a room. I can’t believe they called that a good shoot! I’m getting angrier as I reply, I’m stopping now.
Yeah, the deadly BB gun is banned in Sun City Hilton Head. Nothing more dangerous to human life than a bunch of senior citizens with BB guns.
I grew up running around with realistic toy guns. No one ever called the cops or shot at me. As recently as the 80s kids carried rifles to school to go to cub shooting events. Cops weren’t usually stupid enough stop and shoot even when the kid had a REAL rifle. CARRYING A GUN IS NOT A SHOOTING OFFENSE.
CYA
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Meet PC
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or should I say..
Meet MC (municipal code)
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NERF guns are next.
Neither is driving fast past White House barricades or being a dog in the wrong driveway or a Christian in Egypt but these things are happening. I didn’t say it was right. I said it was a good way to get yourself killed as evidenced by the fact that this innocent kid DID get shot and they are going to get away with it. Adjust your world view accordingly.
Well, maybe you can point us to the Airsoft model that matches what was portrayed by the Petaluma Police Department...?
Never saw anyone with a neon tipped weapon. Stuff like this is more common:
I used to tell my girlfriend's kid to always have his rifle cased to and from the field as it looked real enough to get him killed.
He has specific parameters of operation given by me and the parents of his friends. He's well trained. In Texas, we also have archery competition in middle school and above. My best friend's son was 2nd in state and nationally ranked.
Anyhow, there's a lot more I want to say but I'm too tired. Cops don't get to shoot kids because the cop is scared. That's the bottom line here. Nor do they get to taint evidence to protect their brethren. Remember, I'm a State Cop Brat. I've heard the conversations over cases of beer and across the bar room.
Here is a pic of the gun at the scene. No orange tip.
http://rt.com/files/news/20/df/40/00/rtx14ld1.jpg
Link only, can't post Reuter's pics.
No matter how many articles you find in a search every one says it didn't have an orange tip and no one has disputed that.
Friends question killing of boy who had fake rifleNo orange tip on replica
Federal law requires replica guns to have an orange tip, but Andy's toy rifle didn't have one.
My dad was a Korean vet, fought in Detroit during the '67 riots, and was an MI state cop. I know how this works, not from movies, but living with the force. You think there is no way a cop would tamper with evidence? That is at best seriously naïve, most likely ignorant. Not stupid, just lacking in knowledge.
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