EDITOR: My wife and I were returning from a very hot day at the
beach Monday afternoon when we saw five police cars with lights
flashing coming towards us southbound on Hill Road. Little did we
know the reason for the emergency response at the time.
EDITOR:

My wife and I were returning from a very hot day at the beach Monday afternoon when we saw five police cars with lights flashing coming towards us southbound on Hill Road. Little did we know the reason for the emergency response at the time.

However, after reading the story in Tuesday’s Times, I certainly can appreciate the situation and applaud the actions taken, especially in light of the potential harm that could have come about had the guns been real and loaded. I also commend Officer Rick Vestel’s keen eyes in noticing the white, plastic handle on one of the replica guns. I am absolutely certain this mitigated what could have been a very sad day for the boys’ parents and the surrounding community.

While boys will be boys and the influence of today’s reality TV shows add to their imagination, what I don’t understand is why these replica guns were not properly identified as “toys” with the required orange cap at the end of the barrel? And if these guns were indeed sold without the required marking, where did the parents buy them? And if the guns were sold properly marked, but the plastic tip was removed, why in the world would someone put themselves in harm’s way if the boys were only out to have a good time?

In April 2003, the New York’s Attorney General sued Wal-Mart, the nation’s largest retailer of toy guns because the store sold thousands without proper safety markings. In addition to the federal requirements, New York law also bans realistic colors, such as black or aluminum, and requires that the toy guns have non-removable orange stripes along the length of the barrel.

California has a similar “Toy Gun Law” that requires all toy guns purchased in California after Jan. 1, 2001, come in only two colors: neon orange or neon green. And stores that violate this law can be fined up to $5,000. It should be noted that BB and pellet guns that shoot ceramic or plastic objects are not toys under the California law.

Safety experts say that barrel caps and barrel stripes are important in helping law enforcement officers distinguish a toy gun from a real gun. Brightly colored barrels and non-removable barrel stripes are especially important because plastic barrel caps can fall off or be removed, making the toy virtually indistinguishable from a deadly weapon.

Without clear markings, it is extremely difficult to tell the difference between a toy gun and a real weapon. Strict enforcement of the state toy gun law is imperative. While it is true that police cannot confiscate the toy guns children have in their hands today, and children can still buy them in another state, hopefully following the law will reduce the number of accidental shootings.

Brian Fukumoto, Morgan Hill

Editor’s note: Police report that the gun tips had been painted black.

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A staff member wrote, edited or posted this article, which may include information provided by one or more third parties.

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