Back when I was assigned to the East L.A. area the local gangsters would pull up next to rival gang members while they were stopped at a controlled intersection, Whittier Boulevard and Arizona Avenue was a very popular location for this. When the driver of the unsuspecting gang would glance over at the newly arrived gang vehicle, the driver or a passenger in that vehicle would then brandish a small pistol. The driver of the other vehicle would in many cases believing that he was going to be shot at, accelerate out into the intersection against the red light and more times than not, his vehicle was then collided into by through traffic. The occupants in the vehicle that brandished the firearm would then turn right and proceed away from the scene laughing. The pistol was in fact a starter pistol which was not unlawful to possess in the event that they were stopped. Just for the record a starter pistol for those that are not familiar with them, look like a small caliber pistol and shoots only blanks and is not capable of firing any projectile.
Back in my childhood, it was every small boys dream to have a Roy Roger simulated leather holster with two pearl handle six shooters. The more they looked like the real deal the better. The problem arose when the toy guns were too similar to the real ones.
To help people — especially law enforcement — identify toy guns as such, manufacturers paint an orange stripe on the tip of the barrel. That orange tip signifies an imitation firearm. So, criminals have been known to paint an orange tip on their real guns and little children have been known to scrape the orange off of the tip of theirs. Criminals want you to think it’s just a toy. Children want their toy to look like the real thing.
It’s when the criminal wants you to believe the weapon he is displaying is a real firearm. The penal code addresses firearms in scores of sections, but specially it states;  “Imitation firearm” means any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm.
I can recall several incidents where a motorist has observed a firearm being directed in their direction from a passing vehicle. A 911 call is initiated and after several strategic radio transmissions are made between law enforcement officers, a high risk vehicle stop is made. This generally involves two or more officers making the traffic stop, ordering persons out of the suspected vehicle. After the stop is secure, the officer locates the suspected weapon, a plastic Mattel GI Joe special forces .45 caliber pistol that unknown to mom and dad, was being stuck out the window by their seven year old son who was just shooting bad guys!
The penal code states;Â Every person who, except in self-defense, in the presence of any other person who is an occupant of a motor vehicle proceeding on a public street or highway, draws or exhibits any firearm, whether loaded or unloaded, in a threatening manner against another person in such a way as to cause a reasonable person apprehension or fear of bodily harm is guilty of a felony punishable by imprisonment in the state prison for 16 months or two or three years or by imprisonment for 16 months or two or three years and a three thousand dollar.
In both of my examples, there was never the possibility that anyone was going to be shot by these weapons. The issue is that people seeing the weapon and believing it to be real may have that apprehension or fear of bodily harm.
California law is very specific when it comes to firearms, toy guns, replicas or other device that any of us would take at first glance as a firearm, without the opportunity to closely examine and determine its true identity.
My hope is that every person that consciously makes a choice to represent a firearm to be real even though it is a toy gun, BB device or replica that they may be causing another person apprehension or fear of bodily harm and the end result may not be what you had in mind.
With all of this in mind, please go out and celebrate the holiday season and enjoy the ride.
Monty Hight is a retired California Highway Patrol officer and Public Information Officer. He is the North State AVOID Campaign’s Public Information Officer. He lives in Redding. More information on AVOID can be found here.
