ROCHESTER, N.Y. — In the wake of this past weekend's fatal shooting of a teen by Utica police, questions are being raised about the safety of replica guns.


What You Need To Know

  • Replica guns come under fire following the death of a Utica teen

  • “Non-powder” guns, also known as replicas or look-alikes, are regulated by the Consumer Product Safety Commission and include BB, pellet and airsoft guns

  • Utica police say the gun in the boy's possession turned out to be a pellet gun that looked like a Glock

Utica police say Nyah Mway, 13, ran from police after they stopped him and another boy in connection with a nearby investigation. In body-worn camera footage released, Mway appears to point the gun at officers. Police shot him during a shuffle after Mway was taken to the ground. He died at the hospital.

Police say the gun in the boy's possession turned out to be a pellet gun that looked like a Glock. This caused police to initially think Mway had pointed a real gun at them.

Replica guns continue to come under fire by those seeking more regulation on guns.

Replica guns generally include pellet, BB and airsoft guns are not regulated like firearms because they are not considered firearms.

They are what’s known as “non-powder” guns regulated by the Consumer Product Safety Commission.

The owner of the Firing Pin in Bergen, Genesee County, Brandon Lewis, showed a side-by-side comparison of a gun and a replica.

“There’s a lot of people interested in airsoft or BB guns," Lewis said. "They’re a great training device to get children learned on proper gun handling and proper safety techniques.”

Legal Director and Deputy Chief Counsel of Giffords Center to Prevent Gun Violence, David Pucino, weighed in.

“Replica firearms can pose a real danger," Pucino said. "If you have an item that looks just like a firearm, it’s going to be mistaken for a firearm and that can end in tragedy.”

That’s what police say happened in the incident in Utica, as officers there mistook a replica for the real thing.

“There are supposed to be safeguards that prevent this from happening," Pucino said. "The Federal Consumer Product Safety Commission requires there to be particular indicators on products that they’re not mistaken for guns or to make it less likely."

That would include manufacturing the replica in a solid bright color or placing a bright color cap on the end of the look-alike. And there’s an effort for stricter regulation.

“As long as these products are out there and easily mistaken as guns and as long as there’s so much fear of people being in possession of a gun, we’re unfortunately going to see horrific tragedies like this happen,” said Pucino.

“I don’t think there’s anything dangerous about an item by itself," Lewis said. "I think it’s in how you use the item, how you’re educated on the item. And so, I think having a tool look realistic, I don’t see any problem with that.”

“I don’t understand if you’re somebody who’s in the business of selling BB guns why you would design a product that looks just like a Glock," Pucino said. "It just doesn’t make any sense to me."

The Firing Pin does not sell the replicas but will use them for training. Lewis advocates for safety and education.

The Giffords Center to Prevent Gun Violence is a staunch advocate for gun regulation and reform.