The Next California Gun Ban – Toy Guns!

Toy guns made to look like the real thing would be banned in California under legislation announced Friday in Sonoma County, where a sheriff’s deputy last month shot and killed a 13-year-old boy after mistaking his replica AK-47 pellet gun for an assault rifle.

The bill, to be introduced by five lawmakers, would require pellet and other toy guns to be brightly colored or translucent so they are easily recognized. Federal law requires the replica guns only to have an orange mark on the tip of the barrel.

The legislators held a news conference in Santa Rosa, a few miles from where DeputyErick Gelhaus shot and killed Andy Lopez Cruz on Oct. 22 as the boy walked with a pellet gun near his home just outside the city.

According to police who are investigating the killing, Gelhaus pulled up behind the boy and ordered him to drop the gun – which did not have an orange tip – and then fired eight times when the boy began to turn. The shooting prompted street rallies and a lawsuit filed by Andy’s family.

State Sen. Kevin de León, D-Los Angeles, one of the sponsors of the new legislation, introduced a similar bill two years ago after police shot and paralyzed a 13-year-old Los Angeles boy with a toy gun. That bill stalled in committee.

“I don’t want to say that my legislation would have prevented Andy’s death, but it could put people in a better situation to help prevent it,” de León said in an interview before Friday’s news conference. “What I do know is Andy Lopez will not be the last one seriously injured or killed” while carrying a toy gun.

De León’s earlier bill drew criticism from manufacturers and users of air guns and BB guns. They argued that hobbyists, who prefer to use real-looking guns, use the replicas responsibly.

“I get the desire of young teenagers who want the most realistic product out there. I get that,” de León said. “The reality is that if you were to take one of these real handguns and a Beretta look-alike, you can’t tell the difference.”

The other sponsors of the legislation are state Sen. Noreen Evans, D-Santa Rosa, and Assembly members Wesley Chesbro, D-Arcata (Humboldt County), Marc Levine, D-San Rafael, and Mariko Yamada, D-Davis.