City discovers big information gap on toy gun rules

Council supports plan, but sees need for extensive outreach to quell misconceptions

(news photo)

Jonathan House / Times Newspapers

Eric Motto asks the City Council Monday if his son’s toy gun would fall under replica gun restrictions.

The city discovered Monday night that there’s a lot of work ahead to tackle misunderstandings about its proposed replica firearm ordinance.

The importance of a substantial educational campaign to inform the public about the city’s new rules became apparent at a public hearing on the ordinance during a City Council meeting.

Concerned parents, Airsoft gun enthusiasts and one eighth-grader all had questions about a proposed ordinance that would prohibit Airsoft guns and other realistic looking toy firearms from public places.

While some showed up to Monday’s public hearing ready to blast the toy gun ban, by the time their turn to testify came, some of their concerns had been put to rest.

Jeff Loveland was one of those who changed his mind about the toy gun ban after hearing a Beaverton Police Department report and reviewing the ordinance.

“This is something I can stand behind,” Loveland told the council.

He also supported the city’s plan to launch an extensive 30-day education campaign to inform the public about the new regulations for replica firearms expected to be adopted by the City Council in February.

Others stuck to their guns in their support or opposition of the police department’s request for the new regulations.

Scott Porter felt the new rules did not go far enough, while Dave Chaney and Ken Kirkham adamantly opposed city officials’ plan.

“I’m in favor of some sort of action, but I’m not sure this is the right one,” said Dave Chaney, a veteran, reserve law enforcement officer and World War II re-enactor.

Kirkham went a step further calling the ordinance absurd.

“The problem is people’s behavior, not the guns,” Kirkham said. “At some point, common sense needs to kick in and people need to take responsibility for their actions.

“The behavior of pointing a gun – real or fake – at an officer or threatening someone with one is illegal, not the possession. Banning the possession of an Airsoft gun in a public place is unexceptable to me because it does not solve the problem. This ordinance will turn honest citizens into criminals.”

Both Kirkham and Chaney said they would rather see the city enforce laws already in place and show the public ways to safely play with toy guns and handle them properly so that they do not alarm others.

Following the City Council’s vote Monday night to support adoption of the proposed replica firearm ordinance, the Motto family said they continued to have lingering concerns about the ordinance.

“I’m not sure anyone can understand what it says because it’s not written very clearly and leaves too much up to interpretation,” said Eric Motto, who brought a bag of toy guns to the hearing to see if they would fall under the new regulations

His wife, Kimberly, agreed.

“I absolutely understand the police safety concerns,” Kimberly Motto said. “I’m still opposed to the ordinance because young children playing outside in the cul-de-sac with toy guns that do not shoot projectiles should not be subjected to the fine.”

She fears that any toy guns that look real, whether they shoot projections or not, would lead to parents having to pay a $250 fine.

“As the ordinance is written, it’s left to the discretion of the police officer,” she said.

City officials disagree and believe Motto’s concerns will be addressed as police officers work with the school district, neighborhood groups, the media, retailers and parents to explain the new rules and their purpose before anyone would be cited for disobeying the ordinance.

“What we saw at the hearing underscored the need for an education campaign,” said Beaverton Mayor Rob Drake. “We have an outstanding police force that uses discretion wisely every day.

“Our goal is to provide a safer community and prevent a tragedy from happening.”

Beaverton Police Chief David Bishop agreed.

“The key to the success of this program will be the education awareness piece,” Bishop said. “Getting the message out to folks in our community will remain a top priority as part of our ongoing commitment to community policing.”

“Hopefully, an educational campaign will eliminate the problems we’re running into and help motivate parents to work with their kids on where and how to play with these Airsoft guns if they choose to purchase them for their children,” said Sgt. Paul Wandell, Beaverton police spokesman.

The ordinance is scheduled for a first reading at the Feb. 12 meeting and second reading and passage at the Feb. 26 meeting.

It would take effect March 31, following a 30-day public outreach effort by the Beaverton Police Department, the Beaverton School District and the city.