The argument is that guns do not kill but the people holding them sometimes do. When it comes to toy guns, the people holding them aren't going to be doing any killing but that doesn't mean they won't get shot in a case of mistaken weapon identity.
Concern over innocent people - mostly kids but also some adults - getting shot by mistake while holding toy guns has been a big issue in New York since 1994 when a 13-year-old boy, Nicholas Heyward, living in the Gowanus Houses public housing projects in Brooklyn was shot when a police officer mistook the toy gun he was playing with as the real thing. An orange cap that showed the gun was a toy was broken off while Nicholas played cops and robbers with friends in the building.
New York has developed one of the toughest laws in the nation to eliminate the sale of authentic looking toy guns in the state. But even with the publicity around the issue and enforcement by state, many stores have continued to sell toy guns that could pass under the right conditions as real firearms.
Recently, the state investigated retail stores and more than 100 locations were found to be in violation of the ban on realistic looking toy guns. Attorney General Andrew Cuomo sent a letter to the retailers telling them to remove the toys in question or face legal action. Big Lots, Dollar General, Dollar Tree and Gander Mountain were among the retailers identified as having received the cease-and-desist letter from Mr. Cuomo's office.
According to an Associated Press report, a number of prominent retail chains including CVS, Kmart, The Sports Authority, Walgreens and Wal-Mart Stores have been fined in the past for violating New York's law. The biggest fine handed down to date came against Party City, which paid a penalty of $500,000 last year."Realistic toy guns are a tragedy waiting to happen," Mr. Cuomo said in a press release. "Every day, these imitation weapons put the lives of both law enforcement and civilians at risk. This is a public safety matter, plain and simple, and we will not permit these companies to profit by making our streets more dangerous."
Federal law also prohibits the sale of imitation firearms unless they have a bright orange plug in the barrel of the toy gun. New York's law goes beyond the federal restrictions.
Discussion Questions: Are you in agreement with laws that prohibit the sale of toy guns that resemble the real thing? Is a bright orange plug in a toy gun's barrel enough or are more changes needed to avoid the type of confusion that could lead to tragedy?
- NY tells stores to halt sales of some toy guns - The Associated Press/Newsday
- Officer Shoots Boy Holding A Toy Gun - The New York Times
- Attorney General Cuomo Orders Over 100 Companies to Immediately Stop Selling Illegal Toy Guns That Look Like Real Deadly Weapons in New York State - Office of the Attorney General/State of New York