New Legal Controls On Toy Guns
BY Herschel Smith
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.