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Actor using airsoft gun in low budget film charged in NJ

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Low budget film with no filming permits hires actor to use airsoft pistol as a prop in a car chase scene in Woodbridge. 

 

Police called, actor arrested and charged with a possible Graves act violation.

 

The article doesn't specify the charge - I'm guessing it's illegal possession of a handgun.  Will be watching this as I've always been curious as how airsoft is apparently allowed to be in a "gray area" in NJ law - meets all the defintion of a firearm, but sold as non-regulated toys, not firearms, in many stores in NJ:

 

http://pix11.com/2016/01/26/actor-faces-jail-time-over-prop-gun-used-on-movie-shoot/

 

Actor's gofundme page to raise bail/legal expense funds:

 

https://www.gofundme.com/rawdeal

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He's not getting a dime from me.  As an Airsofter, I have no sympathy for this guy.  Aspiring "Actor" on a low budget film, driving around "shooting" in Woodbridge?  I'm not surprised they got caught and reported.  The Film producer should be 100% responsible for this guy's legal fees.

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No argument from me on the stupidity, but what I'm more interested in is if airsoft guns are ruled to be firearms in NJ or not.  The legal standard can't be "it's not a firearm unless the public sees you brandishing it".

 

The guy probably had the orange tip removed which is illegal to be removed and would be stupid to have removed in public. Speaking of airsoft. Wish I had something like that to go to. Would be fun to do milsim with some buddies.

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The guy probably had the orange tip removed which is illegal to be removed and would be stupid to have removed in public. Speaking of airsoft. Wish I had something like that to go to. Would be fun to do milsim with some buddies.

 

Is it illegal to *possess* an airsoft gun without an orange tip, or is it illegal for retailers to *sell* an airsoft without an orange tip?

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They were driving around and he was making recoil motions with the gun.

 

Airsoft is not considered firearms by NJ Law (Though they're trying to make legislation that's saying it is).  It actually kinda falls into a grey area...

 

But, driving around making shooting motions with what looks like a real gun - you're a moron and deserve to have the book thrown at you.  The movie producer should be thrown in jail too.

 

The guy probably had the orange tip removed which is illegal to be removed and would be stupid to have removed in public. Speaking of airsoft. Wish I had something like that to go to. Would be fun to do milsim with some buddies.

Orange tips are only actually required for import.  They're generally left on for safety.  There's places to play airsoft around here.  Let me know - I have enough equipment to loan out some.

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Is it illegal to *possess* an airsoft gun without an orange tip, or is it illegal for retailers to *sell* an airsoft without an orange tip?

I'm not too clear maybe krdshrk can clarify. I do know that All big airsoft online retailers will sell with an orange tip whether its removable or painted. Once you get it, it is up to you. I know people who will remove it and only keep it indoors. But once you go outside with it removed its when it becomes a problem.

 

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I have some airsoft guns without orange tips.  Just treat 'em as if you would any other firearm (which you should be doing anyway).  I only play airsoft at licensed, insured fields.  I'm not running around on public land or in someone's back yard with it.

 

Common sense.

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Airsoft is not considered firearms by NJ Law (Though they're trying to make legislation that's saying it is).  It actually kinda falls into a grey area...

 

 

I'd be careful with this... Airsoft isn't explicitly named in the law but that just makes it open to interpretation. Like you said, "grey area" but this is NJ so err on the side of caution.

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I'd be careful with this... Airsoft isn't explicitly named in the law but that just makes it open to interpretation. Like you said, "grey area" but this is NJ so err on the side of caution.

 

Which is exactly why I treat them as if they were real firearms.  Keep them cased/bagged and transport to the airsoft fields.  Don't brandish in public, etc.

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They are considered toys in the USA.

True, but if you used one to commit a crime or make it look like you're gonna commit a crime, you'll be charged just the same as using a real one.

 

Just like with regular toy guns - make one look like a real gun, use it to try to rob a store and get caught, you're gonna be charged for armed robbery.

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True, but if you used one to commit a crime or make it look like you're gonna commit a crime, you'll be charged just the same as using a real one.

 

Just like with regular toy guns - make one look like a real gun, use it to try to rob a store and get caught, you're gonna be charged for armed robbery.

You jump to the assumption that JC is going to rob a store to make a pointless point? ;)

 

BTW, if you get caught with a gun in Jersey, you WANT to rob a store. Or at least say you did. Only way to get rid of the gun charge. It's the law abiding that get sentenced to 7 years in jail.

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Around 1992 I was an actor in a low budget indie film and we were using toy guns spray painted to look like the real thing.  Big difference though, the director got permission from the local police first.  Funny thing.. we were filming in Teaneck around public parks, etc., not once did I recall anyone giving us a second look.  Crazy how times have changed... 

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True, but if you used one to commit a crime or make it look like you're gonna commit a crime, you'll be charged just the same as using a real one.

 

Just like with regular toy guns - make one look like a real gun, use it to try to rob a store and get caught, you're gonna be charged for armed robbery.

Same as with a finger in your coat pocket.  Just as deadly.

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Around 1992 I was an actor in a low budget indie film and we were using toy guns spray painted to look like the real thing.  Big difference though, the director got permission from the local police first.  Funny thing.. we were filming in Teaneck around public parks, etc., not once did I recall anyone giving us a second look.  Crazy how times have changed... 

This is what I was going to point out. Normally the director, producer, someone would contact the police dept and let them know what they are doing. May even need to have roads closed for safety.

 

Also, why wouldn't they be using a prop gun instead of an airsoft? Is a prop that much more expensive?

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True, but if you used one to commit a crime or make it look like you're gonna commit a crime, you'll be charged just the same as using a real one.

 

Just like with regular toy guns - make one look like a real gun, use it to try to rob a store and get caught, you're gonna be charged for armed robbery.

Not the same situation. It's a toy. Investigate it, determine the level of danger, and give the guy a parking ticket and a warning. That would suffice. 

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1- It's stupid that you need a permit to make a movie.

2 - It's stupid that you can be arrested for playing with a toy gun.

 

If the police got a call and their investigation showed that some guys were using a toy gun as a prop to make a movie, a stern talking too is enough.

 

I can't believe the number of posts here that are some version of "He got what he deserved."   Anyone who feels that way is THE reason the laws in NJ are so out of control.

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This is what I was going to point out. Normally the director, producer, someone would contact the police dept and let them know what they are doing. May even need to have roads closed for safety.

 

Also, why wouldn't they be using a prop gun instead of an airsoft? Is a prop that much more expensive?

 

Real props are more expensive.  You can get a cheap spring airsoft gun that looks close enough to the real thing for under $20.

 

1- It's stupid that you need a permit to make a movie.

2 - It's stupid that you can be arrested for playing with a toy gun.

 

If the police got a call and their investigation showed that some guys were using a toy gun as a prop to make a movie, a stern talking too is enough.

 

I can't believe the number of posts here that are some version of "He got what he deserved."   Anyone who feels that way is THE reason the laws in NJ are so out of control.

 

1 - Movie permits are really for the money.

2 - that's the world we live in today.  Calling it stupid doesn't change the fact that people are this way now.

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