Toy-gun measure moves to council

[TxBlonde]

Toy-gun measure moves to council

Dallas: Toned-down proposal would restrict replicas' sale, display


09:09 PM CDT on Monday, May 7, 2007
By DAVE LEVINTHAL / The Dallas Morning News
dlevinthal@dallasnews.com

You can still pack your Colt .45 or Smith & Wesson.

But the Dallas City Council is poised to restrict the sale and possession of replica firearms. The body's public safety committee unanimously voted Monday to support an anti-toy-gun ordinance.

The ordinance proposal is now scheduled to go before the full council on May 23.

The ordinance would prohibit:

• Displaying or brandishing a replica firearm in a public place.

• Removing or obscuring the federally required orange tip on a toy gun.

• Selling replica firearms from ice cream trucks.

• Selling or possessing any replica firearm with a laser pointer attached.

Violators could be punished with a Class C misdemeanor and a fine of up to $500, City Attorney Tom Perkins said.

But the proposed ordinance is notably weaker than a law some council members advocated last year.

The current proposal, for example, does not include two strict provisions council members had previously considered, most notably, prohibiting the sale or possession of any toy gun unless its exterior was white, bright orange, yellow, green, pink or purple, or transparent or translucent.

The proposal also does not include a provision prohibiting minors from possessing a toy gun that shoots any projectile, whether it's a foam ball or a BB.

In August, the council voted 7-1 to pursue banning all toy guns except those that fell under the exemption for color, transparency or translucency. But council members, some concerned about potential legal challenges to such a law, directed city staff in October to further study the issue.

As it is, the current ordinance proposal "will be a tool that allows us to enforce appropriate situations where people are brandishing these guns," Police Chief David Kunkle said.

Under the ordinance proposal, people may continue to transport replica firearms in Dallas, so long as they're in a case or otherwise hidden from public view, Mr. Perkins said.

[jimlongley]

That one looks like a minefield to me.

One part says "replica firearm" and another says "toy gun." Is there a section that defines each or both?

If not, then ANY replica firearm would be subject to the measure, which might just include real firearms that are replicas of others. Now I don't really see myself putting a laser sight on my replica black powder revolver, but I have a .22 with a red dot sight on it, so it's not that big a step.

Has anyone seen this proposed measure and is it too late to make comments?

[GlockenHammer]

I hope they feel better if they pass this law because that's the only positive thing I expect from it--a warm fuzzy feeling with the cretinous.

[KBCraig]

Somebody warn Cracker Barrel! They better pull all the Dan'l Boone muzzle-loading popguns out of the Dallas stores!

[John]

Under the ordinance proposal, people may continue to transport replica firearms in Dallas, so long as they're in a case or otherwise hidden from public view, Mr. Perkins said.

Wow, "people may continue to transport replica firearms in Dallas". Anyone else read that as being described as a "loophole" by the anti toy gun crowd. This is a silly law.