Military Airsoft Guns
is it illegal to walk down the street with military gear and an airsoft gun in a carrying case in ca?
My son was walking home down a main st in mission viejo, ca after an air-soft game. His gun was in a guitar caeie, a soft one. Without even brandishing the weapon, the mv police came up behind him with thier wepons drawn. Were thier actions justifiable and is walking down the street with military gear with a guitar illigal?
Depends on the police report if there is any. If they saw the air soft gun and there reasonably believed that it was a real gun (I’m not sure about your son’s but they can look very real,) or someone phoned describing your son and said that this person believed he/she saw your son with the gun then yes they had the right to do draw their weapon without question. It would be reasonable to assume that your son was armed, your son was wearing military attire which, not to profile or anything, usually means some sort of training. Either official military training or backwoods anti-government militia training and therefore a very good chance being a very good shot. With their years on the force when they see a guitar case they could probably tell that what was in the case wasn’t a guitar even if they couldn’t tell that it was an air soft gun.
All that said the reason they didn’t shoot is because your son is because he didn’t draw the gun on them, if the police wait long enough to draw their weapon until the other guy draws theirs then they could be dead. Obviously you aren’t asking if a shooting is justifiable so your son cooperated and you aren’t asking if any of these charges are justifiable so your son was probably let go after the whole thing was explained. So to say is it illegal to walk down a street in military gear with a guitar case no, but I can’t exactly see what you could do, you aren’t going to win a case for harassment unless they continue to do this multiple times, you don’t have a case for wrongful death/shooting because they only pulled guns and didn’t fire, and honestly if I was walking by in full military gear down a main street with a guitar case with something that wasn’t a guitar I’d hope that the police would ask me what was in it and If they thought it was a weapon I would hope they would protect themselves.
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