NORTH COAST, Calif. – California state legislators on Friday announced plans to introduce legislation regulation imitation or “copycat” guns in an effort to stem a reoccurring tragedy involving the toys being mistaken for real firearms.
The Imitation Firearm Safety Act would amend California law to define what an imitation firearm is and what those imitations must look like to differentiate real guns from fake guns.
Currently, toy guns such as paintball, Airsoft and BB guns are not included in the California legal definition of imitation weapons.
The goal of the legislation is to prevent tragedies that occur when toy guns too closely resemble real firearms.
The announcement was made in Santa Rosa, the scene of a recent law enforcement-related shooting death of a local teenager, Andy Lopez, who was carrying a mock AK-47.
“Currently these copycat toys are manufactured to be virtually indistinguishable from real firearms,” said Sen. Noreen Evans (D-Santa Rosa) a joint author of the legislation. “Because the use of lethal force against a person carrying an imitation firearm is a significant threat to public safety, toys must look like toys and not lethal weapons.”
Last month in Santa Rosa, the 13-year-old Lopez was shot and killed by a sheriff deputy who believed the Airsoft gun he was carrying was a real AK-47.
“In the coming Legislative Session, I plan to reintroduce my bill that would require all BB, pellet and Airsoft guns to have their entire exterior surfaces painted a bright color,” said Sen. Kevin de Leon (D-Los Angeles) and joint author of the bill.
“This will give police an opportunity to easily identify toy guns for what they really are and avoid these types of tragedies,” said de Leon. “Toy gun replicas do not belong on the streets. They endanger children, teens and law enforcement. We can easily protect everyone involved with this simple solution. My strongest hope is that we can enact legislation this time so that no more families are forced to suffer the terrible grief the Lopez family has suffered today.”
A 1990 study commissioned by the Department of Justice found that there are more than 200 incidents per year in which imitation guns are mistaken for real firearms.
“As a social worker by training, I believe that prevention is a lot more effective than reaction,” said Assemblymember Mariko Yamada (D-Davis). “We can act to prevent tragic losses like Andy Lopez by taking this very straightforward, common-sense measure.”
“The loss of Andy Lopez is unfathomable, gut wrenching and tragic. My heart goes out to his family, friends, and classmates, and to the entire community,” said Assemblyman Marc Levine (D- San Rafael). “When a child is playing with a toy gun, there must be no doubt that the toy is not a real gun. Consequently, we need a law that fully protects our families from tragedies like this. I am proud to co-author this important legislation.”
According to law enforcement, one of the primary dangers posed by imitation firearms is that such guns are used by children and young adults who may not comprehend the seriousness of displaying them around unsuspecting law enforcement officers or around other armed individuals.
As a result, officers and community residents can find themselves in precarious situations when they are unable to distinguish imitation guns from handguns and assault weapons.
“This bill is good for all of us who have been heartbroken by the Andy Lopez tragedy,” said Sonoma County Supervisor Shirlee Zane. “I don’t want any other communities to have to suffer the loss of a child, as we have, because a toy gun was mistaken for a lethal firearm. Looking forward, at my urging, Sonoma County supervisors are in the process of building a Task Force that will explore, among other things, best practices for a civilian review committee, which i believe should be put in place as soon as possible.”
In a similar incident in 2010, a teenager was accidentally shot by the Los Angeles Police Department (LAPD) who misidentified the replica gun he was carrying.
The teenager and two of his friends were playing that evening in the middle of a dark street shooting pellets at one another with fake handguns.
When the two LAPD officers stopped to investigate, the boys ran away, but one produced a pellet gun that the LAPD officers mistook for a real handgun.
An officer who feared for his life shot the teenager in self-defense. The pellet gun looked identical to a real gun and it even had the exact dimensions of a Beretta 92F.
As a result of this accidental shooting, SB 798 (de León) was introduced in 2011 in collaboration with Los Angeles Police Chief Charlie Beck to require distinguishing colors on BB guns. This measure would have allowed law enforcement to effectively discriminate between imitation and real firearms.
Though the measure failed passage in the Assembly Public Safety Committee, SB 1315 (De Leon) was signed by Gov. Brown last year to allow cities within the county of Los Angeles to enact local ordinances more restrictive than state law regulating the manufacture, sale, possession, or use of any BB device, toy gun, or replica of a firearm that substantially similar to existing firearms (Statutes of 2012, Chapter 214).