Fake Guns Pose Problems for Police

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Legionnaire

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http://www.timesonline.com/site/printerFriendly.cfm?brd=2305&dept_id=478569&newsid=18726513

Fake guns pose problems for police
Kristen Garrett - Times Staff
08/19/2007


When many people think of toy guns they may remember the cap guns of their childhood.
They may even remember "A Christmas Story," in which Ralphie nearly shot his eye out with his long-desired "official Red Ryder carbine-action two-hundred shot range model air rifle."

But those are the guns of yesteryear, and new, very realistic-looking fake guns are causing very real problems on the streets.

Around 5 p.m. Aug. 9, Coraopolis police were called to the 500 block of Fifth Avenue for a report of a man showing a handgun to other people.

Police from Moon and Robinson townships were called to assist Coraopolis police. Upon arrival an officer saw a black handgun lying on the window ledge of a vacant house. Inside they found what appeared to be several more handguns and two rifles.

It turned out none of the guns were real.

Coraopolis Police Chief Alan DeRusso said one adult and three teenagers took fake guns, removed the bright orange tips that signify they are fake, and painted them black.

Compared with real duty weapons used by officers in Coraopolis, there appeared to be very little difference.

Antonio C. Burton, 21, of Coraopolis, was charged with burglary, criminal trespassing and drug paraphernalia possession in the incident.

DeRusso said to him it was obvious those involved had "bad intentions" for the guns and didn't go to so much trouble to make the guns look real "just for fun."

Serious charges

Committing a crime with a fake gun carries the same charges as if a real weapon were used, said Beaver County District Attorney Anthony J. Berosh.

"In a robbery, it is irrelevant that the gun is not a gun. The question is, did the victim think it was real," Berosh said.

Berosh gave the example that if someone reached across a counter and grabbed money, the charge would be theft. If a fake gun was used in that scenario, the charges would be robbery and assault, he said.

Instead of facing possible probation for a theft, the defendant is then facing jail time, he said.

While the robber would avoid a firearms violation with the fake gun, "what they're biting off is a lot worse, a more serious felony," Berosh said.

DeRusso and other local officers said they will absolutely charge someone as though a real gun was used in a crime, even if the gun was a fake.

Real reaction

Serious charges aren't the worst thing that could happen.

"Unfortunately for these kids, if they had pointed one of these at an officer, they were going to get shot," DeRusso said. He said police aren't going to wait around to find out if someone is pointing a real or fake gun at them.

Rochester Police Officer Sam Piccinini and Aliquippa Assistant Police Chief Andre Davis agree.

Piccinini recently had a situation where a man placed a cigarette lighter that looked like a real gun to the head of a 12-year-old girl. Though it was only a lighter, it looked very much like a real handgun, and Piccinini said he wouldn't have been able to tell the difference if it had been pointed at him from several feet away.

"We can't zoom in our vision 10 more powers to look down the barrel," Piccinini said. "If he would have pointed it at me or one of my fellow officers, we would have treated it as if it was real."

Piccinini said if a police officer is confronted by someone with a firearm, "the last thing they're thinking about is to take time to see if it's a toy, or a BB gun or real. If it appears to be a weapon they're going to treat it like a weapon and evaluate later."

"When we deal with instances of weapons we're going to treat it always like it's real," Davis said. "We would hate to have some kind of accidental shooting because of a kid pointing a fake gun at a police officer or some kind of law enforcement official."

Berosh recalled what he considers the "most notorious incident" of fake guns being mistaken for real in Beaver County. He said a resident saw several boys get out of a car behind Ambridge Area Junior High School in Economy with assault rifles and called 911.

Police responded, went into the woods, and saw the teens with what appeared to be real rifles, Berosh said. He said the teens were ordered to the ground, and it wasn't until police confiscated the weapons that they learned they were only pellet guns with the orange tips removed.

Berosh said that situation was very serious because it was on school property and involved children, and the man who made the 911 call was licensed to carry a real firearm.

Different danger

People who brandish a fake gun aren't just facing the possibility of being shot by police.

DeRusso pointed out that there are many people who have permits to carry weapons, and there are many people who carrying weapons illegally. Using a fake gun to commit a crime could mean finding yourself at the business end of a very real gun.

"If you have somebody who's just a normal civilian who believes it's a real gun, you many have somebody react and treat the situation as if it's a real gun," Piccinini said.

"Guns don't kill people. People with guns kill people," Davis said. "It could be your average citizen who's actually licensed and qualified to carry a weapon for protection or for his business. You come in there with a fake gun, maybe trying to rob him or just playing around, and that person takes action. Where are we then? More than likely that person would be justified."

Berosh said that is the inherent danger with committing crimes with a fake weapon. "You may prompt a deadly response. You may be in for a whale of a surprise that could result in your death," he said.

Colors don't mean fake

Making it even more difficult for police and others to discern between real and fake firearms are real guns that look fake.

With the advancement in technology, there are real, functioning guns that are clear plastic or come in colors like blue or pink, Piccinini said.

"I could go to a real gun store right now and show you a red Glock semi-automatic handgun," he said. "It's tough to tell. Colored guns are out there."

"If the credible threat is there, the person making the treat has to be taken for his word," Piccinini said.

In regard to the fake guns, Berosh said the manufacturers' position is that the orange plug designates the gun as a toy. "You don't have to be a rocket scientist to take that off," he said.

Kristen Garrett can be reached online at [email protected].


Indistinguishable

According to the U.S. Department of Justice, in experiments conducted at the FBI facility in Quantico, Va., 89 police officers participated in a simulated confrontation with assailants armed with unmarked replica pistols and with toy guns marked in accordance with federal regulations. In daytime and nighttime scenarios, from distances of 15 and 30 feet, results showed that officers were not able to distinguish the blaze orange plug that signifies that a gun is a toy, and fired in nearly all confrontations at both distances.


"I would encourage parents to refrain from buying their kids BB guns. Why plant a seed? You don't want to plant that seed, and it starts right at home."
-- Aliquippa Assistant Police Chief Andre Davis

"The bottom line is this: You don't know what somebody's intentions are, but you definitely know what their capabilities are if the gun is real."
-- Rochester Police Officer Sam Piccinini

"Probably, from their perspective, they get to carry something that's much more intimidating. They may not have access to a real Kalashnikov. It's a cheap man's way of building up his aura or criminal nature, so to speak."
-- Beaver County District Attorney Anthony J. Berosh on criminals with fake weapons

©Beaver County Times Allegheny Times 2007
 
removed the bright orange tips that signify they are fake, and painted them black
I'm guilty of doing this to a toy AR and a toy '03 that belong to my 4-year old. He carries them at the gun shows, however not once did anyone think they were real.
 
"I'm guilty of doing this to a toy AR and a toy '03 that belong to my 4-year old. He carries them at the gun shows, however not once did anyone think they were real."

I dunno (and don't at the moment have time to try to look up :)) what laws might cover this, but I know on a few toy guns I've bought I've noticed ominous language saying that to remove / obscure the orange tips was a federal crime, so you might want to check into that before the next gun show :)

I doubt the BATFE has a "toy gun squad," but hey.

timothy

p.s. I'm not a lawyer, I'm not your lawyer, and I'm not licensed, and I'm not licensed in your state; eventually, perhaps one or more of those things will change ;)
 
Police from Moon and Robinson townships were called to assist Coraopolis police. Upon arrival an officer saw a black handgun lying on the window ledge of a vacant house. Inside they found what appeared to be several more handguns and two rifles.

It turned out none of the guns were real.

And the police submitted claims totaling $124,059.54 to pay for laundering their underwear.
 
What really frosted me was the quote at the end of the article.
"I would encourage parents to refrain from buying their kids BB guns. Why plant a seed? You don't want to plant that seed, and it starts right at home."
-- Aliquippa Assistant Police Chief Andre Davis
"Why plant a seed?" Because I want my kids to grow up knowing how to handle guns safely and I want them to enjoy the shooting sports, and I want them to be able to explain both to others in a safe and competent manner!
 
What if I paint the tip of my AR orange?

I remember reading stories of police agencies (I don't recall who they6 were) having a problem with young criminals and gang bangers painting red and orange tips on real guns. Their goal is to make an officer have to stop and consider whether the gun is real or just a toy.
 
There shouldn't be an exception in the case of a robbery.

yeah, but to revise the law to do that would set precedent for treating all fake guns as real guns. So the law would evolve until people like the little kid with the fake AR whose father takes him to gunshows mentioned earlier in the thread would be charged with brandishing.

You have to draw the line somewhere.

AA + Robbery is no picnic though. Which is what I believe they'd be charged with when using a fake gun.

I remember reading stories of police agencies (I don't recall who they6 were) having a problem with young criminals and gang bangers painting red and orange tips on real guns. Their goal is to make an officer have to stop and consider whether the gun is real or just a toy.

Don't you guys remember they tried to ban Duracoat? Or maybe it was just Bloomberg who tried.
 
Of course there will be another call for a ban of toy guns and BB guns, but remember those old prison break movies where the inmate carves out a fake gun from a bar of soap and coats it in black shoe polish? Didn't Dillinger escape from a jail that way once?
Of course people here know what I am going to say next, "next they will be calling for a ban on bars of soap". First it will be only bright orange bars of soap are allowed, then they will ban that and only allow the sale or possession of liquid soap.
 
"With the advancement in technology, there are real, functioning guns that are clear plastic"----um....is this for real???:uhoh: I know there are some cool plastics out there, but rifling would not last a shot. Is he referring to clear plastic furniture on an AR or pistol? Sounds like liberal glock 7 bs.
 
I dunno (and don't at the moment have time to try to look up ) what laws might cover this, but I know on a few toy guns I've bought I've noticed ominous language saying that to remove / obscure the orange tips was a federal crime, so you might want to check into that before the next gun show
Pretty sure it's illegal to remove/obscure orange tips and SELL it, but there is no current law against doing this after you buy it. Kinda like the laser warning decals.
 
People who brandish a fake gun aren't just facing the possibility of being shot by police.

DeRusso pointed out that there are many people who have permits to carry weapons, and there are many people who carrying weapons illegally. Using a fake gun to commit a crime could mean finding yourself at the business end of a very real gun.

"If you have somebody who's just a normal civilian who believes it's a real gun, you many have somebody react and treat the situation as if it's a real gun," Piccinini said.

"Guns don't kill people. People with guns kill people," Davis said. "It could be your average citizen who's actually licensed and qualified to carry a weapon for protection or for his business. You come in there with a fake gun, maybe trying to rob him or just playing around, and that person takes action. Where are we then? More than likely that person would be justified."(My bold print)

Berosh said that is the inherent danger with committing crimes with a fake weapon. "You may prompt a deadly response. You may be in for a whale of a surprise that could result in your death," he said.

For once a reasonable statement! :eek:
 
"Pretty sure it's illegal to remove/obscure orange tips and SELL it, but there is no current law against doing this after you buy it. Kinda like the laser warning decals. "


Or mattress tags. It is illegal to for manufacturers sellers etc to remove them except for the end user.
 
Clear Plastic guns Yes. It's a form of polymer, and it's not Glock, but another European maker (quarterHeimers kicking in...). Obviously it's the frame portion specifically and not the steel barrel and slide. Also comes in various colors.

Then again, High Standard marketed one of their 22 revolvers in various pastel colors in the '50s or early '60s. They were made with an aluminum frame and anodyzed in various colors - a marketing ploy directed at women.

Legal Charges Using a toy gun in a robbery is still 'Armed Robbery'. Thye courts have held it is the effect on the victim that counts in this case. However, a felon with a toy gun cannot be charged with 'Felon in possesion of a firearm'.

I'd like to see the full quote from Police Chief Andre Davis. We don't know if the 'plant the seed' phrase refers to kids knowing about and owning guns at all, or the act of running around waving guns in all directions. The quote cited sounds rather anti-gun, but I'm suspicious of quotes in the media; I've seen far too many out of context quotes.


Also, everyone remember the difference in locales and local cultures. In a small town, the local cops probably know many local kids and families. Seeing Mr. and Mrs. Smith's boy Tommy with a Ruger 10-22 or shotgun or even a pistol simply means Tommy's going out to cull out the local rabbit population. I live in Long Beach, CA - where hardly anyone knows anyone and there's no local place to shoot or hunt legally. Anyone walking the street with a cased gun would probably cause a panic.

I'm a federal lawman. I'm a long time (forty years) shooting and gun enthusiast. I can tell the difference between a lot of toys - like laser tag guns and such - and real guns. I cannot tell the difference between the latest Airsoft guns and genuine guns more than five or six feet away. I recently won (in a shooting match) an Airsoft replica of a 1921 Thompson submachinegun. Trust me when I say I am not going out in the front yard with that in hand.
 
In California it's a crime to make it seem like your firearm is *fake*. Depending on the situation I would assume that an officer would always presume the worst, hope for the best.
 
This made me think of the New Bedford incident so I followed up to see what happened. This is what I found.

http://www.mass.gov/legis/bills/house/185/ht01pdf/ht01694.pdf

HOUSE . . . . . . . No. 1694

By Messrs. Quinn of Dartmouth and Canessa of New Bedford,
petition of John F. Quinn and others relative to crimes committed with
deceptive weapon devices. The Judiciary.

The Commonwealth of Massachusetts

PETITION OF:..........


In the Year Two Thousand and Seven.
AN ACT RELATIVE TO DECEPTIVE WEAPON DEVICES.
Be it enacted by the Senate and House of Representatives in General
Court assembled, and by the authority of the same, as follows:


SECTION 1. Section 121 of Chapter 140 of the General Laws is
hereby amended by inserting the following definition:—
“Deceptive Weapon Device” Any device or item used in the
commission of a crime that is intended to convey the presence of a
weapon, as defined in this section, to a potential victim or law
enforcement officer. Such devices or items shall include, but not be
limited to, common air guns, toy guns, or substances carved or fashioned
to resemble a weapon.


SECTION 2. Chapter 265 of the General Laws is hereby
amended by inserting a new section:—
Section 45. Crimes committed with a deceptive weapon device:—
Any person who is in possession of a deceptive weapon device as
defined in Section 121 of Chapter 140 of the General Laws, during
the commission of a violent crime as defined in Section 121 of
Chapter 140 of the General Laws shall be seemed to be armed and
shall be punishable by penalties set forth in this Chapter.
 
Agree with Legionnaire's comment regarding quote:

"I would encourage parents to refrain from buying their kids BB guns. Why plant a seed? You don't want to plant that seed, and it starts right at home."
-- Aliquippa Assistant Police Chief Andre Davis

I would add to it that if the parent is not going to spend the time to instill proper respect and safety when handling guns, then, I agree,don't buy it for them because it's planting a seed for ignorance and that is much worse as evidenced by the uninformed anti-gun crowds.
 
Nothing new to see here. Fake guns of all types that looked real, some made of quality metal and wood, and most plastic in the shapes of real models in real colors were common years ago. Some places passed laws that said they had to be certain colors. BB/pelet guns were exempt for good reasons. Well then airsoft came out and bypassed many of those laws because they are "bb guns" under the color of the existing laws. The demand exists for realistic guns looks.

Most people know you don't point them at police, and that police may treat them as real arms and one should act accordingly. Most should know you do not point something that looks like a firearm at people you do not know and are not playing a game with.

If people are stupid and threatening and get darwinized we are better off. They know better. I cannot even believe people would complain of fake guns being or possibly being used in crimes. That sounds like a step forward to me. You can shoot them and they cant shoot you.
If however they choose to innocently enjoy playing with toys then they should be able to. Half of the interest for many in airsoft is the realistic appearances of some of them. The more they appear to function like actual firearms the more many covet them.
It is providing a need to a market. If they were to ban it the need would be filled with spray painted or home made things instead.

Also training police to look for an orange tip sounds pretty foolish. A real gun can be any number of colors, painted in flourescent camo or left to look sinister in black. You can put laws against various colors but as we know that won't matter to the criminals, and is just another nanny state inconvenience, enough of which add up to an unfree society.

The real colors of the article appear in the statement "Why plant a seed?". The guy is trying to discourage firearm ownership, and that starts at the child. An interest in them, the ability to use them, familiarity with how they function, all must be discouraged. He of course believes himself and those of his agency are different and should walk around with firearms all the time, have "assault weapons" in sqaud cars, on call and ready for use in case of problems. But everyone else, don't even plant a seed. They are evil in the hands of commoners.
 
I would add to it that if the parent is not going to spend the time to instill proper respect and safety when handling guns, then, I agree,don't buy it for them because it's planting a seed for ignorance and that is much worse as evidenced by the uninformed anti-gun crowds
.
On the other hand, considering the number of times young Americans have been called upon to defend this country with arms, and the continuing need for arms for self-defense, I would say it's a parent's duty to provide training in arms to their children.
 
I second that Vern...many a farm boy can attest to this in my old stomping grounds that having someone instill the knowledge and purposes of firearms training provided advantage entering the armed services or at least the need for home defense should it arise.

When I received my first BB gun (Daisy didn't put any orange cap on the end of mine...just to try to keep in the spirit of this thread), I received my Father's reknowned "There is no such thing as oops" speech. I heard this among many other pearls from a very young age. So what do I do now when I'm 31 and showing my fiancee how to safely handle a firearm..(sigh)..the words "There is no such thing as oops.." leave my mouth! It's basically automatic. Of course, she hears my instructions each time we go out and gets a bit perturbed (maybe believing she needs this extra reminder)...to me it's out of the desire to make it automatic. I know though too that she can finish my gun safety "pearls" which means its working! :D
 
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