Police: Use of BB, toy guns illegal

ARGUS-COURIER ^ | Thursday, December 19, 2013 at 8:56 a.m. | By Janelle Wetzstein

[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.”

[Doomonyou]

Same principle as when you hold out your fish in front of the camera to make it look bigger.

That is a good catch. I have done the same thing trying to make a fish look bigger.

LOL. I've turned a three pound trout into a five pounder that way!

[apoliticalone]

This is what the politicians and press and now the police call deflection. They want the public to forget they just killed a kid because they thought the toy he was carrying was a firearm. So now they say they will enforce new laws that call toys - firearms.

[Doomonyou]

Jobs in Texas

Thanks!

I've been looking. Another reason is our best friends just moved there. My buddy is with the secret service and is now hanging out with W.

[uncommonsense]

Here's a good list of Airsoft pics:

Airsoft AK 47's

Notice they all have red tipped barrels.

[FerociousRabbit]

This is what the politicians and press and now the police call deflection. They want the public to forget they just killed a kid because they thought the toy he was carrying was a firearm. So now they say they will enforce new laws that call toys - firearms.
____________________________________________________________
Being that it is Christmas and all, maybe they should just take a cue from the Holiday special “Santa Claus is Coming to Town” where the Burgermeister Meisterburger bans all toys.

Problem solved.

[yarddog]

I actually have mixed feelings about airguns and kids. I do not want them controlled in any was but I also see some parents let their kids run around with powerful pellet guns with no training whatsoever.

My best friend used to shoot the glass conductors off power lines. I never did anything like that but I guess I didn’t argue with him over it either.

I lived in a rural area and we had some neighbors who had 5 red headed boys. They were wild as could be but fun to play with. I was not too surprised to learn one day that one of them had shot another in the eye. He lost 70% of his vision in that eye.

Airguns can be great fun but don’t just hand your kid one with no supervision.

[Doomonyou]

Is it just me or is everybody paid by ANY government a low-grade moron???

And they all think they are James bond. (License to Kill.)

[Vendome]

Why not make it sporting and hand the gun to Stevie Wonder?

[Doomonyou]

Response from the article:

Robert Edmonds · Top Commenter

“Mayor David Glass said he supports any law aimed at reducing the damage done by firearms — real or fake.”

“The Andy Lopez situation was a big warning flag,” said Glass. “It could have happened anywhere. In terms of the risks versus rewards of toy guns, there is very little reward for having a toy that looks so much like the real thing. Any laws we have that make police officer's jobs easier, I'm in favor of.” How about supporting a law/policies/training that would protect the public from the very real possibility of being killed by poorly trained, psychologically unstable, or hyper- militarized cops with firearms and societal legal permission to kill at will? Mayor Glass seems to forget that this is a regular occurrence here in Sonoma County.

Really, Mr. Mayor you favor ANY law at all that makes a cop’s job easier? Do we just need laws that make it easier for police officers, even if it makes it easier to kill people and walk away with impunity? We allow cops to kill people regularly without any objective oversight or review. What about thinking critically about the actual risks vs. reward of being a cop? The police lobby (unions and fraternal organizations) constantly informs us that being a cop is the most dangerous and noble thing that someone can do in society; despite the fact that FBI/DOJ crime statistics continue to plummet locally and across the country (for nearly ten years running), and despite the fact that policing is not in the top 10 most dangerous/fatal professions in the U.S. and hasn’t been for many years according to the Bureau of Labor Statistics.

As it stands, if a cop kills somebody anywhere in this county, they get a couple of months of paid time off of work> they are “investigated” by their peers and colleagues > they go right back to enjoy their high paying careers > often achieve higher rank/pay> frequently kill again> then retire with huge pensions at our expense. Whom are we trying to make it easier for, and to do what?

A cop hasn’t been killed in this County since 1995 when Deputy Frank Trejo was killed in Sebastopol. In the same period, 56 people have died in incidents investigated under the Sonoma County Law Enforcement Chiefs Association “Law Enforcement Employee-Involved fatal Incident Protocol”. Not one of these incidents resulted in so much as an infraction or disciplinary proceeding against an officer.

[William Tell]

ez said: "It is idiotic to get an air gun that looks like a real military weapon unless you are looking to get yourself shot."

How foolish of me then to own guns that look like ... well, real guns.

Wouldn't most people find it objectionable if every time a policeman appeared in public he was shot by someone claiming to be threatened by the gun the cop was carrying?

[OneWingedShark]

It is idiotic to get an air gun that looks like a real military weapon unless you are looking to get yourself shot.

This assumes that the sight of a firearm is justification of hostile action.

[glyptol]

Third one from the bottom on the right.
Definitely a through down piece.

[null and void]

This law could conceivably ban any discharge from an orafice if there is a trigger mechanism.

Laz would be in a great deal of trouble...

[null and void]

Max penalty is $500 / 6 months, not death!

Tell that to the parents of Andy Lopez.

[Doomonyou]

Tell that to the parents of Andy Lopez.

You got that right Jack.

[Utilizer]

What was the name of that old song...?

Oh yes; "My Ding-A-Ling"!

[TChad]

The kid was murdered in Santa Rosa about ten miles north of Petaluma.

Then I hope the family sues Santa Rosa into oblivion.

[realcleanguy]

Sounds like the Petaluma Police Department is trying to cover their ass. they murdered a 13 year old boy. It was murder, and maybe even with special circumstances. They did go to the location with the intent to kill. Kill an innocent person, technically an unarmed person. It’s time to hold the police accountable. No more lawsuits or town hall meetings. The shooter must be arrested, charged and tried.

[null and void]

Yep.

Did you catch this factoid at post #69?

A cop hasn’t been killed in this County since 1995 when Deputy Frank Trejo was killed in Sebastopol. In the same period, 56 people have died in incidents investigated under the Sonoma County Law Enforcement Chiefs Association “Law Enforcement Employee-Involved fatal Incident Protocol”. Not one of these incidents resulted in so much as an infraction or disciplinary proceeding against an officer.

When the police investigated themselves they didn't find a single case of impropriety not one!

Remarkable.

[Axenolith]

Seems pretty outlandishly broad and infringy...

10.56.010 Possession unlawful.

Except as otherwise provided in this chapter no person shall have in his possession within this city and no person shall fire or discharge or cause to be fired or discharged within the city, nor shall any parent, guardian or person having the care, custody or control of any minor permit such minor to have in his possession within this city or to fire or discharge or cause to be fired or discharged within the city any firearm, cannon, fireworks, gun, pistol, revolver, anvil, firecracker or explosive of similar nature, rifle, air rifle, airgun, BB gun or pellet gun or any instrument of any kind, character or description which throws or projects bullets or missiles of any kind to any distance by means of elastic force, air or any explosive substance, all referred to in this section as “firearms.” (Ord. 756 NCS §1: prior code § 16.26.)
10.56.020 Exceptions.

The provisions of Section 10.56.010 as to the use of any of the firearms mentioned therein shall not apply to any of the following cases:

A. To police, peace officers or persons in military service in the discharge of their duties and using reasonable care;

B. To persons using firearms in necessary self defense;

C. To the possession of such firearms for keeping at the place of residence or business of the person otherwise in lawful possession thereof or while traveling to or from a legal firing, shooting or target range or hunting ground;

D. To the discharging or firing of such firearms or causing them to be discharged or fired at a legal firing, shooting or target range or hunting ground;

E. To the discharging or firing of fireworks after permit therefor has been issued by the fire chief as provided by law;

F. To the use of a gun firing .22 caliber shot-cartridge only, upon a written permit applied for and granted by the chief of police to protect life or property against animals, birds or rodents.

(Ord. 756 NCS §1: prior code §16.27.)
10.56.030 Violation — Penalty.

Any violation of this chapter shall be a misdemeanor and upon conviction thereof, shall be punishable by a fine of not less than seventy-five dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. (Ord. 1304 NCS §6, 1978.)