Replica guns under fire after Utica teen’s death

ROCHESTER, N.Y. — In the wake of the fatal shooting of a teenager by Utica police last weekend, questions are being raised about the safety of replica firearms.

According to Utica police, Nyah Mway, 13, fled after he and another boy were stopped by police during a nearby investigation. In body camera footage, Mway appears to point the gun at officers. Police shot him during a scuffle after Mway was thrown to the ground. He died at a hospital.

According to police, the gun in the boy’s possession was actually a pellet gun resembling a Glock, so police initially thought Mway had pointed a real gun at them.

Replica firearms continue to be criticized by those calling for more gun regulation.

Replica firearms typically include pellet guns, BB guns, and airsoft guns which are not regulated as firearms because they are not considered firearms.

These are so-called “powderless” weapons regulated by the Consumer Product Safety Commission.

Bergen, Genesee County, Firing Pin owner Brandon Lewis showed a side-by-side comparison of a firearm and a replica.

“A lot of people are interested in airsoft or air guns,” Lewis said. “They’re a great training tool to teach kids how to properly handle guns and practice proper safety techniques.”

David Pucino, legal director and deputy general counsel at the Giffords Center for Gun Violence Prevention, weighed in.

“Replica firearms can be a real danger,” Pucino said. “If you have something that looks like a firearm, it will be mistaken for a firearm and it can end in tragedy.”

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

“There are safeguards that prevent this from happening,” Pucino said. “The Federal Consumer Product Safety Commission requires that products have specific indicators on them to prevent them from being mistaken for firearms or to reduce the risk.”

This would involve making the replica in a solid, bright color or placing a brightly colored cap on the end of the lookalike. And there is a push for stricter regulation.

“As long as these products are on the market and they’re easily mistaken for firearms and as long as there’s this fear of people having a firearm, unfortunately we’re going to see horrific tragedies like this,” Pucino said.

“I don’t think an object in and of itself is dangerous,” Lewis said. “I think it’s all about how you use it, how you learn it. So I think there’s no problem with having a tool that looks realistic.”

“I don’t understand why you would design a product that looks exactly like a Glock, if you’re selling air guns,” Pucino said. “It doesn’t make sense to me.”

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

The Giffords Center for Gun Violence Prevention is a strong advocate for gun regulation and reform.