Growing up, toy guns were a major part of my life. They’re what my dad used to teach me the basic rules of firearm safety, making me comply with them even though they couldn’t accidentally go off and hurt someone. The fact that they allowed me to have a buttload of fun was almost secondary to adult me, but there was that aspect too.
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Yet there were situations even back then where police officers might mistake a toy gun for a real one–potentially why Dad made me follow those rules with my toy guns–and kids got shot by officers who didn’t know it wasn’t a real firearm.
The rules got changed and the ubiquitous orange tip was added.
New York, however, has rules that go beyond this. I know, it’s shocking that the Nanny State of New York would do so, but here we are. They require the entire gun to be either brightly colored or translucent.
And leading up to Halloween, Attorney General Letitia James has issued a warning to remind retailers of that.
New York Attorney General Letitia James today issued a consumer alert ahead of Halloween reminding businesses and online retailers that they cannot sell realistic-looking toy guns. New York law prohibits retailers from selling toy guns that are black, dark blue, silver, or aluminum-colored and look like a real gun. Toy guns sold in New York must be made in bright colors or made entirely of transparent or translucent materials. Realistic-looking toy guns can pose a danger to children and can be used to engage in illegal and dangerous activity. Attorney General James urges parents and consumers to report retailers who are selling realistic-looking guns online or in stores to her office by filing an online complaint.
“Realistic-looking toy guns have led to tragedies in our communities, and that is why they are banned in New York,” said Attorney General James. “Toy guns sold in New York should look exactly like a toy – brightly colored or completely translucent – to avoid being mistaken for a real weapon that can cause serious harm. Retailers selling realistic-looking toy guns as part of a costume are not making Halloween fun, they are violating the law. I urge parents to stay vigilant of realistic-looking toy guns, and I ask all New Yorkers who see a retailer selling realistic-looking toy guns online or in stores to contact my office.”
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This is laughable for a number of reasons.
First and foremost, retailers who sell toy guns already know the rules. They don’t James to remind them what the laws are because they already know. This is nothing more than James putting her name in the news and making New Yorkers think she’s actually doing something.
Second, one of the big problems here is that some people actually use toy guns to commit crimes. They look real enough to most people, especially at a glance. Folks aren’t going to do a detailed inspection of whatever firearm-shaped object is in their face. They just comply.
The coloring is meant in part to prevent that, only spray paint exists. It doesn’t take much to cover one of these things enough to make it work for those purposes.
Plus, there have been reports of criminals painting their own guns very brightly in hopes that police won’t think they’re real should they catch a glimpse of them.
Yet none of that will be impacted by this alert. This is just her trying to get a little press and we all know it.
