Ever since the unfortunate incident of the fatal shooting of Andy Lopez, a 13-year old boy for carrying an airsoft AK-47 replica by the Police in California, we have been expecting a pushback from advocates of regulating replica/toy guns. Thus, we are not surprised by the sudden appearance of State Senator Kevin de León (Senate District 22, Democrat) who renewed his call for a statewide regulation on airsoft or toy guns.

We're sure the Senator de León is a very (in)famous legislator in the California airsoft community and the airsoft industry in the US as he is the very same person behind the SB798 which failed, and the more successful SB1315 which exempts the County of Los Angeles to enact a local ordinance to regulate replica firearms.

According to LA Times, De León has been meeting with the local leaders of Sta. Rosa right after the death of Lopez, and he has been putting a coalition which he is hoping to include more police chiefs to push a statewide regulation of  replica firearms again. We do not know if the airsoft community in California and the Airsoft Safety Foundation are also preparing a pushback for an attempt to regulate airsoft guns further.

It's indeed a cycle of knee-jerk reactions and exploiting a situation to propose an agenda that does not really solve the situation. It is ironic that the item that is being regulated, the toy gun or the airsoft replica, does not have a record of  being used to killing people. In this spate of shootings of people who are perceived to be armed with lethal weapons, when in fact they are not, puts more a brighter spotlight on police procedures where many in the public are criticizing as "shoot now, ask questions later."

To illustrate that some in the police are either too paranoid that anything held can be a dangerous weapon, or perhaps just too eager to pull trigger at the slightest excuse, please read the story we posted last Wednesday about a woman with an airsoft gun who caused a lockdown in the State of Washington. The police there seem well grounded as the woman was rather admonished not to carry replica firearms in public, rather than shoot her. So there is a process that can be used to avoid unnecessary shooting of people who are carrying replica firearms in public.

Now, in the same LA Times news report, the parents of Andy Lopez have filed suit against the Gelhaus, the Police Deputy who shot the kid:

A federal wrongful-death lawsuit filed Monday by Andy's parents said Gelhaus had twice pointed guns at people in the past without provocation and once shot himself in the leg. Calling the boy's killing "a senseless and unwarranted act of police abuse," the suit said Gelhaus failed to identify himself as a police officer before shooting and issued only one command to drop the gun. Henry said Gelhaus could not remember whether he identified himself.

If that is true, then the procedures that could have prevented the loss of such a young boy's life have not been properly followed. Sometimes, it is easy to put the blame on something inert or someone who cannot reply back. In fact, were are still bothered why the AK-47 airsoft replica has a missing muzzle where the orange tip which will help identify it to be an airsoft replica should be seen.

A knee-jerk or hysterical reaction is not required in this situation, nor should it be exploited for to score political points. There are existing laws already adequate and all that is required is further education amongst young people and their parents (and even the local community) on the dangers of carrying replica firearms in public. The local police should also be called to their attention to check procedures too are being followed to prevent unnecessary shooting of people. Perhaps a little bit more training in dealing with carrying firearms in public whether real steel or replicas can be carried out rather than assume that every time a gun is spotted in public is a potential active shooter situation. It might be kids playing cops and robbers, or a kid not adequately oriented not to carry an airsoft gun in public.