Wednesday, October 04, 2006

Council bans replica guns

Chicago Tribune


The Chicago City Council on Wednesday banned the sale and possession of air guns that resemble real firearms, taking action after the recent police shooting of a teenager who was carrying a "replica" BB gun.

"We don't want our officers to hesitate," said Ald. Burton Natarus (42d), who sponsored the measure. "If an officer has to hesitate to see if the gun is real, the officer is going to die…I think this will save the lives of many people."

Ellis Woodland, 14, was shot and seriously wounded in August near the Cabrini-Green public housing complex after police officials said he refused to drop what resembled a 9-mm handgun but, in fact, was a BB pistol.

Neighborhood residents, who disputed the police version of what happened, staged angry protests after the shooting.

Mayor Richard Daley supported the new measure.

"If you're a police officer and somebody pulls a look-alike gun out at you, what are you going to do?" he asked. "Are (police) going to verify it when they shoot it?"

Violators will face fines of $500 to $1,000, a six-month jail term and community service. If the replica is possessed by someone under 18, the parent or guardian could be ordered to pay the fine and perform community service.

2 comments:

wanna bet said...

Next city council ban will be water guns

Crimefile said...

A lawyer who is a recognized gun law expert informed me that Burt Natarus' deam BB gun prohibition will violate the federal law that both regulates BB guns and preempts the states from making laws inconsistant with the federal law.

Poor Burt Natarus will just have to find another way to steal more Liberty and Freedom.

It's in the last paragraph!

Here is the federal law on the issue:
15 U.S. Code section 5001
(a) Acts prohibited
It shall be unlawful for any person to manufacture, enter into
commerce, ship, transport, or receive any toy, look-alike, or
imitation firearm unless such firearm contains, or has affixed to
it, a marking approved by the Secretary of Commerce, as provided in
subsection (b) of this section.
(b) Distinctive marking or device; exception; waiver; adjustments
and changes
(1) Except as provided in paragraph (2) or (3), each toy,
look-alike, or imitation firearm shall have as an integral part,
permanently affixed, a blaze orange plug inserted in the barrel of
such toy, look-alike, or imitation firearm. Such plug shall be
recessed no more than 6 millimeters from the muzzle end of the
barrel of such firearm.
(2) The Secretary of Commerce may provide for an alternate
marking or device for any toy, look-alike, or imitation firearm not
capable of being marked as provided in paragraph (1) and may waive
the requirement of any such marking or device for any toy,
look-alike, or imitation firearm that will only be used in the
theatrical, movie or television industry.
(3) The Secretary is authorized to make adjustments and changes
in the marking system provided for by this section, after
consulting with interested persons.
(c) "Look-alike firearm" defined
For purposes of this section, the term "look-alike firearm" means
any imitation of any original firearm which was manufactured,
designed, and produced since 1898, including and limited to toy
guns, water guns, replica nonguns, and air-soft guns firing
nonmetallic projectiles. Such term does not include any look-alike,
nonfiring, collector replica of an antique firearm developed prior
to 1898, or traditional B-B, paint-ball, or pellet-firing air guns
that expel a projectile through the force of air pressure.
(d) Study and report
The Director of the Bureau of Justice Statistics is authorized
and directed to conduct a study of the criminal misuse of toy,
look-alike and imitation firearms, including studying police
reports of such incidences and shall report on such incidences
relative to marked and unmarked firearms.
(c) (!1) Technical evaluation of marking systems

The Director of (!2) National Institute of Justice is authorized
and directed to conduct a technical evaluation of the marking
systems provided for in subsection (b) of this section to determine
their effectiveness in police combat situations. The Director shall
begin the study within 3 months after November 5, 1988, and such
study shall be completed within 9 months after November 5, 1988.

(f) Effective date
This section shall become effective on the date 6 months after
November 5, 1988, and shall apply to toy, look-alike, and imitation
firearms manufactured or entered into commerce after November 5,
1988.
(g) Preemption of State or local laws or ordinances; exceptions
The provisions of this section shall supersede any provision of
State or local laws or ordinances which provide for markings or
identification inconsistent with provisions of this section
provided that no State shall -
(i) prohibit the sale or manufacture of any look-alike,
nonfiring, collector replica of an antique firearm developed
prior to 1898, or
(ii) prohibit the sale (other than prohibiting the sale to
minors) of traditional B-B, paint ball, or pellet-firing air guns
that expel a projectile through the force of air pressure.

Please keep in mind that this is an open blog
that can and is read by people other than Chicago Police Officers.