My SB798 rant

[Phoenix]

Picture yourself as a cop. It's dark outside and you been called to a school for a noise disturbance. As you search the halls you find someone dressed in dark clothes holding what appears to be an M16 assault rifle. Without thinking you have your gun drawn and are instructingThe person to drop the weapon. When they turn towards you, weapon still in hand you do EXACTLY what you have been trained to do: you shoot the subject and take control of the scene. No problem from anyone so far, right? Ok as the crime scene is secured and the investigation begins it's discovered the "weapon" was an airsoft gun. The parents try to sue but it's all righteous, the subject, discovered to be a 14 year old boy, presented what any reasonable person would believe was a real fire arm. Fast forward to "tomorrow". Gov. Jerry Brown passes into law a bill requiring all airsoft guns to be bright colors, something to ensure no other kids will be killed. The next day your called to a report if individuals in a strip mall carrying automatic weapons. As you roll up you see the weapons are brightly colored. You step from your patrol car and before you can tell these "kids" to leave you're hosed down by automatic gunfire. At your funeral your widow decries the senseless death of her husband, a death caused by enacting a law that would cloud the judgment of an officer, having him question his training and letting criminals gain an upper hand. Sure it's a what off scenario but if you google "pink ar-15" you will be taken to a website for Jim's Duracoat, where you can have your gun sent to him and be painted whatever color you need, including "pink". It already exists, a way to make your gun look like a real toy. 
The best way to prevent kids from being killed is to A) block the lawsuits by dead kids' parents if their child had an airsoft gun in a public place and failed to listen to the commands of a police officer. B) and I hate this cause I know some good people in this category who this shouldn't apply to but make it illegal for minors to possess these items. Not just play with but POSSESS. finally toughen the punishments for improper use and unlawful possession and limit the places where they can be used including law enforcement notification of use on unrestricted public lands. Please the constituents that have brains not just the ones who feel entitled to impose their will onto others.

[Spidedd]

Very nice rant. ha. The thing is the bill has now been rendered useless. They struck a deal with the paintball association so all paintball guns are exempt from this bill now (and all paintballers are instructed to support the bill now, even though they just opposed it last week). So now you are allowed to walk around with your paintball gun which can be an exact replica of a real gun (like airsoft) and you are perfectly ok. 

 

The other thing about this bill, now you will also have a bunch of kids running around with their brightly colored 'fake' airsoft guns in public because it will be just fine now and injurys will happen as a result and i guarantee that, combined with what you said, and taking paintball guns out of the bill, within one year injury and possibly death will increase dramatically by events such as the one that sparked this bill, and what was mentioned above

[Phoenix]

this is the letter I just sent to Roger Niello, my local assemblyman. Its a better worded version of my rant.

 

Mr Niello,

 

Good evening, my name is Sean Kercher. A few years ago I entered the sport of airsoft, a military simulation sport using airsoft guns that resemble real firearms. Recently I heard about Senator Kevin de Leon proposed bill requiring all imitation firearms, excluding paintball guns (which can be made to look as realistic as airsoft guns), to be painted bright colors. The sport of airsoft relies on the firearms looking realistic because for the most part, the organized teams that play this sport use the sport as a way to honor our service men. One team, the Cimmerians (their home page is here: http://www.cimmerians.org/the-cimmerians.html) takes donations from players to donate to charities benefiting servicemen and women and their familes. If this bill is allowed to pass, the bright colors would ruin the sport because as we re-enact the lives of soldiers we use their tactics also. A bright colored gun ruins the camouflage. But you know I could run on and on about how it would ruin my favorite hobby, but I would prefer to ask you to look at the failed logic of this bill and see if you can agree with me. I'll use a hypothetical situation to illustrate my point.

 

Late one night officers are called by local residents to people running around their local high school, it appears some of them are armed with rifles. Officers show up and quickly encounter one of the tresspassers. The officers order the young man to drop his weapon and lie down on the ground. Several times. Finally the young man realizing there's someone calling to him turns with his gun still raised. The officers react as per their training firing on the young man killing him. Its only later that the fact the weapon was an airsoft gun comes out. This incident nearly happened (http://www.theoaklandpress.com/articles/2009/06/10/news/cops_and_co...). That's the prompting for this law, but I prefer to offer a similar scenario where the logic behind the bill proves to be flawed.

 

A deputy sheriff is on patrol when he sees several men in dark clothing holding brightly colored replica weapons in a strip mall parking lot. Recently a law was passed requiring imitation firearms to be brightly painted. Seeing that its nearly the local curfew time for minors, the deputy pulls into the parking lot to disperse the group. The deputy steps out of patrol car and addresses the group by asking them to place their toys on the ground so he can talk to them. Realizing the officer is oblivious to the reality of the situation the men turn and fire on the officer, killing him in a hail of automatic gun fire. Its only later that its discovered the strip mall had a jewelry store that was robbed, with CCTV showing several men carrying brightly colored fire arms. Because of the law, the deputy put his training aside thinking this was a group of kids with toys. A simple google search will turn up websites that will paint your real firearms in any color you want, including bright pink.

 

It is obvious that this law will do nothing to prevent accidental shootings nor will it protect officers. I offer alternative controls to place on imitation firearms including both airsoft guns and paintball guns. First restrict POSSESSION (not just purchasing or ownership) of realistic firearms to persons age 18 and older. Second, limit locations these firearms can be possessed by any persons. Restricted places would include public areas like schools, retail locations and municipal parks. Third, stiffen existing punishments and extend new punishments to discourage irresponsible behavior up to and including high fines and jail/juvenile hall time for first time offenders.

 

I thank you for the time you took to read this email and would love to know your thoughts on it. It appears Sen De Leon has developed his rationale for this bill from Wikipedia articles and hysterical input from constituants who have only their own agenda in mind and not the greater good of all participants in these kind of sports. Sen De Leon's bias comes to light with the recent removal of paintball guns from the bills description. Please help us, the players and the business owners keep our sport alive.

 

Thank you,

 

Sean Kercher

[Derek Ewen]

good email. although i dont like the no possession seeing as how i am under 18...

[Spidedd]

very good email as well. and yeah i think under 18 (or any age probably) instead should be required to take a safety/training course.

[Phoenix]

I understand the dislike of the minor possession thing, but when you're trying to save your favorite hobby (or anything threatened politically) you give them a better idea and negotiate it down after they accept. My only deal with the training course is then you have to hinge purchase on a successful pass on a test and administer it using a person who's livelihood isn't dependent on that sale going through (i.e. not the AEX employee) and that would either be publicly funded and be a turn off to the general voter or privately funded then what will happen to the online retailers? Your best bet is to set the possession requirement but not criminalize it on its own, as regular .177 bb guns were when I was a kid (and I'm sure they are now). That way the only way a minor is going to get busted for possession of an airsoft gun is if he/she is also breaking the law by playing airsoft in a city park.

[Michael Victorino]

Minors cant buy airsoft guns, and i think the any minor cant possess an airsoft gun is extreme.  The cut off should be 14 or 15.  Ive been shooting real guns longer than airsoft guns.  I have a valid hunting liscense and im a damn good shot.  I just turned 16.  So your trying to tell me i can go out with a real gun and kill animals but i cant play with a toy that shoots blastic bbs?  I dont fucking think so, but i do agree with the rest.

[Spidedd]

The fact of the matter is though that there is one heck of a lot of irresponsible people under the age of 18 who play airsoft. You obviously may not be one of them, but because you have used firearms you know how to treat airsoft guns publicly and privately. Other kids just think of them as toys (which this bill will only further reinforce) so they run around in public with them or misuse them, which they wouldn't if it were a real firearm. its mentality, and yes anyone under the age of 20 (of course with many exceptions) does not exactly always think things through all the way and correctly. i know i don't always and i'm 19

Michael Victorino said:

Minors cant buy airsoft guns, and i think the any minor cant possess an airsoft gun is extreme.  The cut off should be 14 or 15.  Ive been shooting real guns longer than airsoft guns.  I have a valid hunting liscense and im a damn good shot.  I just turned 16.  So your trying to tell me i can go out with a real gun and kill animals but i cant play with a toy that shoots blastic bbs?  I dont fucking think so, but i do agree with the rest.

[Michael Victorino]

Im just saying kids shouldnt be discriminated against cause were more "immature".  Theres alot of adults who shouldnt have guns airsoft or real.  Those few incidents shouldnt kick all minors out of airsoft.

[Ziggy]

Exactly my thoughts Phoenix.

 

I do believe though the laws for ages should be stricter. The box already says for 18 and up so it should be enforced. And yes there are alot of adults who shouldnt be allowed to have any type of firearm, but teens are less developed and are reckless.

This whole thing started because of a teen how had no common sense.

[Michael Victorino]

Ok so a few kids have bad parents or a reckless so no kids should play?  I can hunt and kill animals but i cant have an airgun that shoots plastic bbs?  Am i the only one who sees who fucked up that is?

[Spidedd]

Well the bill didn't pass! But it hasn't been completely pulled. We will be in the full clear once De Leon completely drops the bill. but for now it didn't pass

[Michael Victorino]

Awesome!