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Bill proposed to regulate toy guns’ appearance

State lawmakers will introduce a bill regulating toy guns so that they don’t look too much like the real thing, in reaction to a Santa Rosa boy’s fatal shooting by a police officer last month.

Real rifle and toy rifleThis “Imitation Firearm Safety Act” would define what an imitation firearm is and what they must look like to differentiate real guns from fake guns. For now, state law doesn’t include paintball, airsoft and bb guns in its legal definition of imitation weapons.

“Currently these copycat toys are manufactured to be virtually indistinguishable from real firearms,” state Sen. Noreen Evans, D-Santa Rosa, said in a news release. “Because the use of lethal force against a person carrying an imitation firearm is a significant threat to public safety, toys must look like toys and not lethal weapons.”

Andy LopezAndy Lopez, 13, was shot dead Oct. 22 in Santa Rosa by a sheriff’s deputy who believed the airsoft gun Lopez carried was a real AK-47-type rifle.

Evans is co-authoring the bill with state Sen. Kevin de Leon, D-Los Angeles, and Assemblyman Marc Levine, D-San Rafael. In reaction to a similar shooting in Los Angeles, De Leon carried a bill in 2011, SB 798, that would have required all BB, pellet and airsoft guns to be painted a bright color.

“This will give police an opportunity to easily identify toy guns for what they really are and avoid these types of tragedies,” De Leon said in Friday’s news release. “Toy gun replicas do not belong on the streets. They endanger children, teens and law enforcement. We can easily protect everyone involved with this simple solution. My strongest hope is that we can enact legislation this time so that no more families are forced to suffer the terrible grief the Lopez family has suffered today.”

A 1990 Department of Justice study found that there are more than 200 incidents per year in which imitation guns are mistaken for real firearms, the lawmakers said.

Levine called Lopez’ death “unfathomable, gut wrenching, and tragic.”

“When a child is playing with a toy gun, there must be no doubt that the toy is not a real gun,” he said. “Consequently, we need a law that fully protects our families from tragedies like this. I am proud to co-author this important legislation.”

Gov. Jerry Brown last year signed De Leon’s SB 1315 to let cities within the County of Los Angeles enact local ordinances more restrictive than state law regulating the manufacture, sale, possession, or use of any BB device, toy gun, or replica of a firearm that substantially similar to existing firearms.