Title 15: Commerce and Foreign Trade.
Part 1150 - Marking of toy, look-alike and imitation firearms.
Under ‘Preemption’ in a nutshell, Federal law supersedes state and local law. There are exceptions for theatrical purposes
However, there are hundreds of ‘How To’ instructions on how to remove the required orange tip on a toy gun even though it is against federal law. Numerous forums, Youtube, Airsoft groups, the list is almost endless. So now we have children, running around waving real looking toy guns. When the police arrive, they may very well shoot first and ask questions later, especially if this toy gun is pointed in their direction..
To further add to the mix, a considerable amount of the criminal element are now painting the tips of their ‘Real Weapons’ with an orange tip. It’s easy to understand their reasoning. Once again, Law Enforcement find themselves in a deeper hole. Ironically, if this criminal who has no criminal record and is allowed to own this weapon in the first place, there is no law preventing him from painting the tip of his real gun orange in the attempt to make it appear as a toy.
You would think that this would be the end. Not so.
We also have several so called law abiding citizens complete with Concealed Carry Permits who are also painting the tips of their weapons orange. The worst offender is an individual named Leonard Embody.
Embody carried his AK 47 pistol around Radnor Lake dressed in camouflage. While he apparently broke no laws, it appears this was done just for the shock value. When confronted by park rangers, detained, and ultimately released, Embody is now suing the Park Ranger giving the reason that he was detained longer than necessary for the ranger to determine whether or not he was committing a crime.
A copy of his “Court Complaint” which he himself published can be seen here.
And now he upset because the Sheriff will not grant him permission for a suppressor for his orange tipped AK 47. Once again, the documents he himself published here on TheHighRoad.us. Incidentally, to make matters even worse, he has painted his entire AK 47 pistol orange.
Embody is considerably different from the usual Internet Ninja. He actually goes out in public inviting confrontation with Law Enforcement. With his known 4 (four) encounters with LE, the damage Embody has done to the RKBA and Second Amendment causes cannot be calculated. A dork is a dork is a dork.
So, with all the problems caused by children, criminals, and idiotic legal gun owners, the next time you hear of an individual, child or not, in possession of either a toy or real gun being shot by Law Enforcement, don’t be surprised. The men and women of law enforcement, like ourselves, want to return home to their families at the end of the shift.
While “Orange Tips” appeared a good idea at the time of inception, it ultimately becomes another (toy) gun regulation that does not work. This sounds so familiar..... With all the problems with orange tips, one can speculate that the next law to emerge will make it illegal to paint the tip of a real gun orange. Of course, that will completely solve the problem in exactly the same way gun laws have solved the problems in the past.
Check out the latest articles by our other Gun Rights Examiners.
David Cadrea - National
Why did NJ youth baseball league reject gun store sponsorship?
Liston Matthews/Knoxville:
Tennessee Firearms Association March meeting update
John Longenecker/Los Angeles:
Safer Streets 2010: You won't get safer streets with Hate, Part II.
Dave Workman/Seattle:
A divided press, and a strong survey result in wake of SCOTUS arguments
Kurt Hofmann/St. Louis:
MO 3rd Congressional District candidate John Wayne Tucker answers gun rights questionnaire
For more commentary, visit the online journal, The War on Guns: Notes from the Resistance a daily atThe War on Guns: Notes from the Resistance.
Comments
Great article!
"Ironically, if this criminal who has no criminal record and is allowed to own this weapon in the first place..."
We have a perfectly good term for a "criminal who has no criminal record": it's "presumed innocent." As gun owners we should be scrupulous about honoring it. Otherwise, we all become "criminals who have no criminal record."
" Incidently, to make matters even worse, he has painted his entire AK 47 pistol orange."
Must guns come only in black? While I understand that this fellow may be a bit of an ass, the color of his legal weapon has no particular bearing on the subject.
if embody wants to publish himself, and get shock value all by himself, i say leave him to it. i also say ignore him as he does it.
so. if other hikers are concerned about actual maniacs in the woods, then where are their guns?
did any of them time how long it took for the park ranger to show up with the shotgun?
So, you think that someone DOING ABSOLUTELY NOTHING ILLEGAL is an dork and is giving us all a bad name? At least he is practicing his LEGAL RIGHT to bear arms openly, not hiding it like some of those that bow down to "the man" and get a "permit" and then hide their gun for fear of scaring the sheep. Freedom is for all of us, not just those that do things the way you would like them to be done.
I'm sorry, but I find your article elitist and overbearing. Nothing illegal is being done, so why all this outrage? The only genuine rights violation was the arrest of Leonard Embody, whom you have deemed, "a dork". At this point in time I would support his outrageous display of bravado over your self-aggrandizing sophistry any day of the week!
Just for starters, there is no such thing as an "AK-47 pistol". If you cannot get this one simple fact straight, how on earth am I supposed to trust your judgement in more important issues?
Brian, there are in fact, AK-47 pistols, google it.
It's not a pistol. The ATF classifies it as a "Handgun" because it does not have a butt stock, but that does not make it a "pistol". Try hunting with one during "Handgun" season. The Game Warden will laugh and write you up.
I don't know about the state where this incident occured, but in Ohio the weapon he was carrying would not be considered a "pistol", however, the CCW permit in Ohio does not specify the type of weapon. All of that aside, law enforcement officials in these parts classify it as a "carbine" and I agree. It is no more a "pistol" than a Thompson would be with the butt stock removed.
It is a carbine. Not a pistol.
Brian...... I said you should google it............
You are just proving you have no idea what you are talking about when you spout off that YOU would not consider it a pistol.... and even though I hate to use them as an example, the ATF does classify them as a pistol. Do yourself a favor and research before you make such bold statements in the future. I agree with you 100% on the rest of your original comment though..........
A further note......... I do suppose that it would matter to define what a pistol or handgun is before arguing about it......(kinda late for that, lol) To me, a pistol or a handgun are one and the same, a firearm designed to be fired with one hand. The AK-47 Pistol is imported as a pistol, not a carbine.
Very interesting. David, can you point to one case of a criminal being arrested with an orange painted tip gun? You claim it is happening a "considerable amount," but I have not heard of one case with the expection of the one "dork" you mention. And though misguided, he doesn't seem to be a criminal.
Only an idiot who wants to get shot would stand against a police officer. real or fake, people need to be taught to not be idiots( this goes for other things as well.) And don't start with the orange-tip-real-gun thing, it's a flat out myth targeted at those who use airguns to give a reason for people to panic.
There is nothing illegal about a custom painted handgun. I didn't commit any illegal act while carrying my custom painted pistol. You may as well advocate banning pink guns and the scary looking ones too. While you're on that slippery slope advocate the banning of all rifle caliber pistols and large pistol calibers. It is disgusting that you're a gun rights examiner.
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!