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federal law: all toy weapons and replicas must be manufactured with an orange tip to be sold in the USA. The federal law is that you need an orange tip to sell or transport across state or federal lines.
california law:12553. Any person who changes, alters, removes, or obliterates any coloration or markings that are required for by any applicable state or federal law or regulation, for any imitation firearm, or device described in subdivision (c) of Section 12555, in any way that makes the imitation firearm or device look more like a firearm is guilty of a misdemeanor.
Let's parse this out in plain English, because legalese sucks my nuts. #12553 says if you remove or cover the orange of an imitation firearm (defined in 12555) in such a way as it is required by federal law, you're breaking the law.
new york law:New York state law goes further to ban toy guns that are black, blue, silver, or aluminum, and toy firearms must have bright orange stripes that run up both sides of the barrel.
new york city law:
New York City requires that all realistic toy or imitation firearms be made of clear or brightly colored plastics. Furthermore, New York City makes possession of any pistol or rifle or similar instrument in which the propelling force is a spring or air unlawful without a license.
Yes I see.
When I posted I was referring to common law in the U.S., not that of wacko Liberal Land.
However, I do stand corrected, and it doesn't surprise me in the least that the act of removing the orange tip from that toy gun was illegal in CA, the state in which this took place. To be fair though, had that law been adhered to, we might not be having this conversation.
What the kid was doing WAS LEGAL!
A low life cowardly cop cannot leagaly MURDER someone because they do not
obey his commands.
They didn't shoot the kid because he didn't obey them, they shot the kid because for all they knew, the gun was real and the kid raised it, which would make anyone believe that the kid was going to fire on them.
I realize you are coming from a place that is fueled by raw emotion, so nothing anyone says will remove the clouds from your judgment, I won't even try.
I'd have made the same decision based on what we know. I'm sure these cops will have to live with the guilt of their actions everyday for the rest of their lives. That's punishment enough.
LEO in this country is the enemy of the people.
It is like Mexico, getting the police involved in any situation will only make things worse. The number one entity involved in civil rights abuses is LEO.
As a wise man once said, all tyranny needs to gain a foothold is for men of good conscience to remain silent.
What we now have is a tyrannical police state, where the people are afraid to criticize their oppressors.
NO NO NO THE LEO ARE NOT THE ENEMY OF THE AMERICAN PEOPLE -- THE ENEMY OF THE AMERICAN PEOPLE IS THE AMERICAN PEOPLE. I am sorry I live in a country where I have to make a snap judgement of everyone I encounter as to whether they are a threat to me and whether I should flee and use violent even deadly force. What do we tolerate the chance every day, hour and minute I have a non-zero chance of death or crippling injury by gun fire. Because it tolerates this it effectively negates any supposed FREDOMS AMERICANS thin k they have.
These coward bastards are shameful excuses for human beings.
the boy's gun did not have the plastic orange tip. many criminals use replica toy guns with orange tip removed to commit armed robberies. he also had a toy hand gun with orange tip removed.
i was a kid in the 1970s. toy cap guns were smaller than the real guns. we had toy pistols or a Daisy BB gun. i stopped playing with toy guns before middle school. the side by side photo is more important. you can show a high resolution photo of a diecast toy gun, but show the toy next to the real gun.
They didn't shoot the kid because he didn't obey them, they shot the kid because for all they knew, the gun was real and the kid raised it, which would make anyone believe that the kid was going to fire on them.
.
No, it would not. Only somebody who has an inflated ego and is trigger happy would do that. The rest of us would have observed the kids behavior from a distance before doing anything aggressive.
They didn't shoot the kid because he didn't obey them, they shot the kid because for all they knew, the gun was real and the kid raised it, which would make anyone believe that the kid was going to fire on them.
.
From the web site;
"After spotting the boy, the deputies called for backup and repeatedly ordered him to drop the gun, O'Leary said in a news release. It wasn't clear whether he pointed the replica assault rifle at the deputies or made any type of threatening gesture. The sheriff's office referred calls to the Santa Rosa Police Department, which did not immediately return a call for comment.
O'Leary said the deputies fired several rounds from their handguns immediately after issuing the orders to drop the rifle."
Sounds like they shot him for not obeying their orders. "IMMEDIATELY AFTER ISSUING THE ORDERS" So they didn't give the kid time to do anything.
Yes. It's interesting to see how many make a lot of assumptions here with NO FACTS to back up those assumptions. For example;
Some assume the kid pointed the gun at the cops.
Some assume the cops waited an appropriate amount of time to figure out what was happening.
Some assume the cops talked with the kid for a long enough time for the kid to calm down.
Some assume the cops were close enough to be in danger.
Some assume the cops couldn't have fired a warning shot our couldn't have taken a position behind their patrol cars and waited.
It's funny how many assume the cops did everything right. These same posters don't think it worth spending an extra hour of the cops time to save a kid's life.
In the end, an innocent kid died. This kid committed NO CRIME.
I'm not suggesting the kid committed a crime, what I'm saying is, this has happened many times before, and it is grossly unfortunate, but to blame anyone here is wrong, it was an accident, sad but true.
And it pisses me off royally, anytime something like this happens, cop haters blame the police...
you put yourself in any situation regarding this issue, you can say you'd do this or that, but the bottom line is, no one knows what a person will do when confronted with this type of situation...you cannot predict, no matter what training anyone has had?
I can imagine, cops in CA are always on guard, b/c of the crime, gangs, and shootings.
People in this thread are saying, the kid should have done this or that....he probably went into a state of shock....I know I would if police surrounded me with guns aimed at me. He was a kid, and although they were yelling at him to put the gun down, or lower your weapon, shock blocks out all else....he didn't hear them....
The cops were in the same situation...they didn't know the gun wasn't real....what were they supposed to do, wait until the kid started shooting? They did they're job, to the best of they're ability. And unfortunately, accidents do happen. But, to blame anyone here is just so assinine and wrong.....
It is a pathetically sad, most unfortunate situation....and no one's fault. Accidents happen, unfortunately, several people are going to have to live this out for the rest of their lives, including the parents....and so many "what if's" which will change all their lives forever in a negative way.
Very very sad....I'm praying for everyone involved....and we should all pray for them, to give them strength to live through this....it's just tragic.
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