New Legal Controls On Toy Guns

BY Herschel Smith
8 months, 2 weeks ago

We covered the case of the thirteen year old boy who was gunned down by thuggish police for carrying a toy gun.  And I told you at the time:

… tell me if a single cop tells the truth or holds anyone accountable.  Tell me if a judge or jury finds these men guilty of anything?  No, the strongest response will be from totalitarian lawmakers who want to make it illegal to have or sell toy guns.

And then the blue wall closed in like I said it would, and now this:

Andy Lopez was walking to a friend’s home on the outskirts of Santa Rosa when a sheriff’s deputy shot and killed him, mistaking the eighth-grader’s plastic BB gun for an assault weapon.

The afternoon killing of the bright, popular 13-year-old has spurred almost daily protests and nightly candlelight vigils in Santa Rosa, a community known as a gateway to the wine country, with stately Victorians on quiet, tree-shaded streets and edgier enclaves pockmarked with gang graffiti.

As the FBI and Santa Rosa police investigate the Oct. 22 killing, some community leaders are talking to lawmakers about finding ways to deter such shootings, which occur with disturbing frequency across the country when police mistake plastic guns for lethal weapons.

“There are so many kids running around with these things that it is almost inevitable there will be additional shootings in the future,” said Dan Reeves, chief of staff to state Sen. Kevin de León (D-Los Angeles).

De León carried a bill in 2011 at the behest of Los Angeles Police Chief Charlie Beck to require BB guns be painted bright colors. It followed an LAPD officer’s shooting of a teenager who had an airsoft pistol, a replica of a Beretta handgun.

The 13-year-old Los Angeles boy, who was shot while playing with friends in Glassell Park, was left a paraplegic. A jury last year ordered the city to pay him $24 million in damages.

I’m neither a prophet nor the son of a prophet, but I told you so.  And take note of how utterly stupid this law is.  Now all criminals have to do is paint their weapons bright colors to convince the police that they are obeying the law.  Or not, in which case the bright colors mean nothing.

I have a better idea.  Cops can walk up to folks carrying what appears to be a weapon, and then ask the person, “Sir, I notice that you’re carrying a weapon.  This isn’t an open carry state.  May I ask why you’re doing that?”  Of course, in open carry states that don’t have stop and identify statutes, this would be illegal and the cops shouldn’t do it.  And of course, the law wouldn’t stop the cops from doing it, because the cops are above the law since they can perform anal rape of motorists for rolling stops.



  • Roger J

    Given the “shoot first” mentality of many cops today, I am not sure if that airsoft replica still had its orange tip the outcome would have been different. As far as making toy guns bright colors, a can of black spray paint will fix that quickly, and kids know that. What can we expect but unrestrained lethal force in a society in which a man in a diabetic coma is shot to death by officers from three LE agencies, as happened in Maryland a year or so ago? The widow is suing – fat chance the officers have learned anything from the encounter.

  • Paul B

    It does astound me that our troops showed more discipline going door to do in Falujah than these clowns show on the daily rounds.

  • Mark Matis

    The difference, Paul B, is that the military Rules of Engagement are meant to help our country “win the hearts and minds” of the people of Iraq and Afghanistan. US “Law Enforcement” Rules of Engagement, on the other hand, are the same as those used by Sherman, and by the US miltary in the last war we won.

  • Archer

    @ Mark Matis:
    “US ‘Law Enforcement’ Rules of Engagement, on the other hand, are the same as those used by Sherman, and by the US miltary in the last war we won.”
    The domestic police have certainly become the “standing armies” the Founders warned us about.

  • Mark Matis

    Which is why I ask “Is it time yet?”

  • Paul B

    Not until they come in force. Know who is on your squad and drill.

  • Wyatt

    Good to see the conspiracy-clown is still leading theorist-lemmings… Was this the incident where the suspect (they come in lots of ages) pointed his very realistic-looking AK-47 replica at Officers, after they confronted him and told him to drop it?

    Who cares?! You all would prefer Officers to take the first bullet from a badguy. Even if the suspects weapon had orange paint on the muzzle. Even if it was a cold-hearted teenager bent on murdering. And, especially since you probably called 911 to bring them to check it out.

    Why don’t you all do something constructive with your “squads” if you think you live in such a horrible police-state, instead of just spewing conjecture on the net? Like- not calling 911 and confronting the person with the “object” yourselves next time.

  • http://www.captainsjournal.com/ Herschel Smith

    I’ve had this conversation before with LEOs Wyatt. Chicago PD, to be exact. They accused me (and us) of griping now, only to call the PD later when the “bad guys” show up and we need mommy to help us.

    Sorry to disappoint. We have as many guns as you do. You would be called to clean up the mess and write the report. We’ll take care of ourselves.

  • http://www.captainsjournal.com/ Herschel Smith

    Oh, and by the way, I forgot to mention. I blog under my real name. You left a fake e-mail address. How very brave of the big, strong LEO.

  • Texas TopCat

    I think that police unions have gotten too powerful in that police know that they can “get away” with just about anything and not be punished. Police are armed for the same reason citizens can be armed, for their protection, not to make them assault troops.
    Most, police training is based on “shoot house” exercises where every person with a gun and not a badge is defined as a bad guy. This is not the real world.
    Opportunity, Ability, and Intent all need to be shown before the use of force, by both civilian and police. We need to get back to holding the police to the law.
    Way too much “SWAT” and not enough “public servant” in the actions of police and the way they are portrayed on TV. The only way that ordinary citizens are going to respect the police is if the police show respect for the citizens.

  • Paul B

    “The only way that ordinary citizens are going to respect the police is if the police show respect for the citizens.”

    Yeah, that.

  • http://www.federaleagent86.blogspot.com Federale

    “Bright” teenager? Why was he expelled and sent to an “alternative” school? Because he was a gangbanger and juvenile delinquent? And he can’t be that bright if when confronted by the police, he points a gun at them. That is by very definition not very bright. In fact it gets you a Darwin Award.

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  • http://www.captainsjournal.com/ Herschel Smith

    I didn’t call him bright. I didn’t know him and don’t know that information. Don’t put words in my mouth and don’t make up things. Neither did I claim that he pointed a gun at the police. If the police said that, I don’t believe them. That’s just an excuse they made up because they’re trying to exonerate themselves in murder. Because the courts never hold police accountable, they will likely be successful.

  • Daniel

    This is so funny listening to all of you idiots talk about how the LEOs are in any way, shape or form, not responsible for the murder of an unarmed 13 year old little boy.

  • Daniel

    And i don’t care if he even had a replica of an Dushka rolling it down the street. (For all you dumbasses that like to act like you know what you’re talking about but have no idea, a Dushka is (50 cal) anti-aircraft machine gun). It was fake, and the fact that police had to shoot and could not restrain themselves in the least bit is pathetic.

  • Daniel

    sorry, a Dushka is a 12.7mm… Apologies for miss type


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This article is filed under the category(s) Police and was published November 6th, 2013 by Herschel Smith.

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