Responding to a frightened public and worried police department,
the City Council has banned realistic-looking imitation weapons
from public places. The ordinance, passed unanimously, goes into
effect Sept. 24.
Responding to a frightened public and worried police department, the City Council has banned realistic-looking imitation weapons from public places. The ordinance, passed unanimously, goes into effect Sept. 24.
Interim Chief of Police Bruce Cumming explained what the new law on replica-type guns should do.
“Our intent is not to have youngsters out playing with these guns,” Cumming said. “We had a near tragedy in April from kids playing commando with these realistic-looking weapons.”
Police almost shot what turned out to be unarmed teenage boys, thinking the teens were about to shoot at children.
Cumming said the entire police force responded to a call from Jackson School on April 26. A terrified woman reported seeing four men wearing masks, carrying what looked like assault rifles and closing in on an afterschool daycare center and a field full of 7- and 8-year-olds playing baseball.
The men, who turned out to be teenagers aged 13 to 17, did not heed police warnings to drop their weapons and even continued toward the children.
“At the last minute one officer noticed a white handle on one weapon and called off the other officers,” Cumming said.
Few real weapons feature white or colored parts and, indeed, orange markings have long been required on the fake guns to help officers identify them as non-threatening. Owners, however, often paint over the orange marks, as was the case at Jackson School.
Police in communities throughout California and across the country have encountered similar situations.
“It happened in Morgan Hill, in Los Angeles, Hillsborough, Antioch and Newport Beach,” Cumming said. “In some cases people – kids – have been shot. In most cases police held their fire. Almost every police chief I’ve talked to has had this problem.”
Because of this close call, he had asked for stricter rules controlling the weapons, often sold under an Airsoft label, to protect youngsters whose parents allow them to play with the guns, the public from fear and the police from the career-ending, personally shattering experience of killing an unarmed child.
The new ordinance bans any firearm so similar to a real one that a reasonable person can’t tell the difference. The toy weapons are banned from appearing in any public place including, but not limited to, schools, streets and parks.
“We want them out of sight,” Cumming said Thursday. “Backyards and shooting ranges are okay but don’t let the public see them.”
The only exceptions to the ban would be for parades or theatrical performances and must be authorized – in writing – by the chief of police.
It is currently against the law in Morgan Hill for anyone under the age of 18 to own realistic imitation firearms, for anyone at all to brandish the guns or to have them at schools. Neither can imitations guns be fired within the city limits.
Coming afoul of the new ordinance can bring a fine of up to $100 for the first infraction, up to $200 the second and up to $500 for the third and each additional infraction, Cumming said.
City Attorney Helene Leichter said that shooting a replica gun in public puts the offense in an entirely different arena.
“That is chargable as a misdemeanor, under the discretion of either the city attorney or the district attorney,” Leichter said. “The penalty then is not more than one year in the county jail and the court is authorized to impose fees.”
To drive home his point, Cumming brought in a load of serious-looking firepower: pistols, AK-47 Chinese assault rifles, AR15 Army rifles, a replica sawed-off shotgun, a .50 caliber handgun and an old wooden BB gun he found in his garage – all costing less than $200.
“Real BB guns are prohibited in any form,” Cumming said of the older toy.
Airsoft guns shoot plastic pellets that generally which follows a comma are fired by CO2 cartridges, spring action or electrical charge. Plastic BBs can travel at 400 feet per second.
“They can easily penetrate the skin, but probably wouldn’t kill you,” he said.
Cumming said the ordinance only covered realistic looking guns, not those made of clear or plastic or bright colors and it certainly doesn’t cover squirt guns. Perception is everything because the police don’t want to have to think whether or not they are facing a real and deadly gun.
“If they clearly don’t look like real guns, they shouldn’t be prohibited,” he said. “We aren’t in the business of busting kids with squirt guns.”
Councilwoman Hedy Chang asked where Airsoft weapons can be bought. Cumming said local sporting goods stores have them and they can be bought online.
Councilman Larry Carr asked how they could get the word out to the public about the danger to children waving imitation guns before police and about the new law.
“Put it on the city’s website,” Cumming said, “but best of all would be for the School Resource Officers to teach it in the schools.”
He said it would be interesting for students and a good lesson, particularly in middle schools.
Carr said he would bring up the subject at an upcoming City/School District Liaison meeting.
Chang asked why there should be a law against the imitation guns in public and not one against carrying a real gun in the same place.
“Most imitation guns are carried by young people,” he said, “and they sometimes use poor judgment. Most adults wouldn’t do this.”
Cumming said he was encouraged to learn that the state is trying to pass a bill prohibiting realistic Airsoft guns in public.
Earlier the day Cumming brought his display of fake guns to the council meeting, the state Assembly passed the legislation, 62-2, setting fines of $100 and $300. A third offense would be considered a misdemeanor crime.
The bill – SB 1858 – was passed by the state Senate, 28 to 9 on Aug. 16, and is on the governor’s desk waiting for his signature.
Morgan Hill’s senator, Bruce McPherson, voted to pass the bill; Senator Jeff Denham, R-Modesto, who represents Hollister and Salinas, voted no.
Cumming said not all bills that make their way through the Legislature are good.
AB1455 went into effect in January 2004, reclassifying BB guns so they no longer must display the orange markings.
“This is what we call a stupid bill,” Cumming said.
One other bit of good news, the chief said, was that there are not many guns for sale in toy stores.
“There are a lot fewer than there were when I was a kid,” Cumming said.
