| Mayor Don Plusquellic announced today that he is co-sponsoring
legislation to ban the sale and use of so called facsimile firearms in the city.
Plusquellic made the announcement with Chief of Police Michael Matulavich at the
mayor’s weekly news conference this morning. The ordinance comes two weeks after a
nearly tragic June 13 incident between an Akron police officer and a 14-year old boy. A
police dispatch call had gone out around 4 p.m. that someone had been threatening another
person with a gun near Copley Road and Ritchie Avenue. Akron police detective Jack
Gilbride responded. He was within a block of the area when the call went out. Gilbride
spotted a young man fitting the suspect’s description at Copley and Madison Avenue
pulling what looked like a gun from his waistband and holding it at his side. Five times
the |
At Mayor Don Plusquellic's weekly news conference, Akron
police detective Jack Gilbride displays cigarette lighter manufactured to closely resemble
a 9 mm handgun. Gilbride was confronted June 13 by a 14 year old boy brandishing the
simulated gun. |
|
| detective ordered the youngster to drop the gun and to not raise it. After
the fifth time, the boy dropped it. But, what he had been carrying was not a gun. It was a
simulated 9-millimeter handgun that was actually a cigarette lighter. |
Following the incident, the veteran officer said, "I came within a heartbeat of
shooting him."
Cigarette lighter "gun" among those now being
banned in the city of Akron |
|
The black, metal "gun" was purchased at a local store. Chief
Matulavich said, "These devices are putting our children and our citizens at risk.
Officers are trained to make split-second decisions to protect citizens and themselves.
When someone brandishes a simulated weapon at an officer, that person is putting himself
or herself in grave danger. This story would have turned out much differently had that
young man pointed the gun at the officer." Mayor Plusquellic said, "There is
no reason anyone should be selling anything like this in our city. |
| This is completely irresponsible on
the part of the manufacturer and the retailer to make, market and sell these, especially
to our children." |
The legislation (below) will be
presented to Akron City Council Monday, July 2, 2001, and applies to any replica,
facsimile or toy version of a pistol, revolver, shotgun, sawed-off-shotgun, rifle, machine
gun, rocket launcher or any other firearm. It also applies to any such device or object
made of plastic, wood, metal or other material that would cause it to be perceived to be a
real firearm. The ordinance would not apply to any replica or facsimile that is obviously,
due to its distinct color, exaggerated size, or other design feature not a real firearm
(i.e. fluorescent colored squirt guns, Super SoakerŪ type water guns etc.).
The ordinance would ban the display, marketing for sale or the sale of the faux
firearms in the city of Akron. A violation of this would be a third-degree misdemeanor.
The legislation also stipulates that, except in self-defense, no person shall draw,
exhibit or brandish one in a threatening manner or with intent to commit a crime.
Violating that provision would be a first-degree misdemeanor. It also makes it a
first-degree misdemeanor to draw, exhibit or brandish a faux firearm in the presence of an
on-duty law enforcement officer, fire fighter, emergency medical technician or paramedic.
The mayor, City Council President Marco Sommerville (D-3) and Councilwoman Renee Greene
(D-4) are co-sponsors of the legislation.
END
Offered by the MAYOR, Sommerville and Greene
ORDINANCE NO. ______-2001 amending and/or
supplementing Chapter 137 of the Codified Ordinances of the City of Akron, Ohio, to
provide for a new Section 137.15 "Facsimile Firearms"; and declaring an
emergency.
WHEREAS, facsimile and simulated guns are
marketed in the City; and
WHEREAS, facsimile and simulated guns have
been used to commit crimes and have created a risk of harm to persons brandishing them and
others.
NOW, THEREFORE, BE IT ENACTED by the
Council of The City of Akron:
Section 1.
That Section 137 of the Code of
Ordinances of the City of Akron, Ohio, be and hereby is amended to add Section 137.15
"Facsimile Firearms", to read as follows:
Section 137.15 FACSIMILE FIREARMS
(A) Definitions
(1) "Firearm" shall have the same meaning as used in Section 137.01 of this
Chapter.
(2) Replica or facsimile of a firearm" shall mean any device or object made of
plastic, wood, metal or any other material which is a replica, facsimile or toy version
of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun,
rifle, machine gun, rocket launcher or any other firearm. As used in this section,
"replica or facsimile of a firearm" shall include, but is not limited to, toy
guns, movie props, hobby models (either in kit form or fully assembled), starter pistols,
air guns, inoperative firearms or any other device which might reasonably be perceived to
be a real firearm.
(B) No person shall display, market for sale or sell any replica or facsimile of a firearm
in the City. The provisions of this subsection shall not apply to any replica or
facsimile firearm which, because of its distinct color, exaggerated size, or other design
feature, cannot reasonably be perceived to be a real firearm.
(C) Except in self-defense, no person shall draw, exhibit or brandish a replica or
facsimile of a firearm or simulate a firearm in a rude, angry or threatening manner, with
the intent to frighten, vex, harass or annoy or with the intent to commit an act which is
a crime under the laws of the City, State or Federal government against any other person.
(D) No person shall draw, exhibit or brandish a replica or facsimile of a firearm or
simulate a firearm in the presence of a law enforcement officer, fire fighter, emergency
medical technician or paramedic engaged in the performance of his or her duties, when the
person committing such brandishing knows or has reason to know that such law enforcement
officer, fire fighter, emergency medical technician or paramedic is engaged in the
performance of his or her duties.
(E) Penalties
(1) Whoever violates Section 137.15(b) is guilty of unlawful sale of a replica firearm, a
misdemeanor of the third degree.
(2) Whoever violates Section 137.15(c) is guilty of brandishing a replica firearm, a
misdemeanor of the first degree.
(3) Whoever violates Section 137.15(d) is guilty of brandishing a replica firearm in the
presence of a public safety officer, a misdemeanor of the first degree.
(F) If any provision of this ordinance is held to be invalid by a court of competent
jurisdiction, such invalidity shall not affect the validity or enforceability of any other
provision.
Section 2. That this
ordinance is hereby declared to be an emergency measure necessary for the immediate
preservation of public peace, health, safety and welfare for the reason that said offense
should be created and become effective at the earliest possible moment in order to assure
that this offense is created and effective in order to promote public safety; and provided
this ordinance receives the affirmative vote of two-thirds of the members elected or
appointed to Council, it shall take effect and be in force immediately upon its passage
and approval by the Mayor; otherwise, it shall take effect and be in force at the earliest
time allowed by law.
Passed
______________________________________, 2001
_________________________________
_________________________________
Clerk of Council
President of Council
Approved ______________________,
2001_________________________________ |
