Toy BB gun considered a weapon?

Dear Editor:

On April 18, 2010, while living in another part of the county, I was arrested for exhibiting a firearm, which is a first-degree misdemeanor. But according to the legal definition which I got from the Florida Senate website my toy gun didn’t qualify as a firearm, which would make sense considering it was a toy BB gun. The neighbor who called the authorities was good friends with another neighbor who had at that time charges pending through the State Attorney’s office. The neighbor said I had a magnum revolver and she was afraid for her life. However, my toy BB gun is clear plastic and does not look like a magnum.

When I saw the judge on April 19 at the jail he was about to give me a bond until I told him it was a toy BB gun. The judge said in front of 10 different people that he didn’t think I could be charged with what I was charged with. Then he stopped talking and looked up the law but did not finish either way. Then he said he would release me with the condition that I would not have anything in my hands that would be considered a weapon. Then I asked him what I can do about not being able to walk outside my home without being afraid. He told me considering I was seeing the State Attorney on Dec. 20 to make the State Attorney aware of what happened over the weekend. So I did as I was told and the State Attorney became upset. He then read me the same definition of a firearm that I got from the Florida Senate website. Then he read the definition for a weapon and said that my toy BB gun was a weapon. After my conversation with the State Attorney he changed my charge to improper exhibition of a dangerous weapon. So I looked up the law on the internet. As I stated before, what I found was this law gives many examples of weapons but it did show a toy BB gun as an example of a weapon but it did say “etc.”. This is how I believe they were able to get the law to fit this case instead of the case fitting the law.

Through additional research, I found that the evidence log for my BB gun indicates that the officer who took it into custody believed it a “toy gun.” Further, the manufacturer of my BB gun clearly provides labeling indicating the gun is a “toy.”

According to the legal department at Walmart Corp., which sold the BB gun, the toy is sold as a “sporting goods” item with an age level appropriateness label.

Now let me tell you the reason for me having a toy BB gun in my hand in the first place. You see my mom’s life and my life have been threatened several times. So when my mom said she was going to the store and was late coming back I got afraid for her life. So I grabbed the only thing I could think of that might help her and that was my toy BB gun. You are asking how would a toy BB gun help, right? Well, I was hoping it would help buy me enough time to help my mom out of whatever anybody was doing to her.

Now that you have read what happened to me please keep in my mind if it could be done to me, it could be done to anyone. So please let me ask you one thing: is this justice or something you or the community should be concerned about? I think so. If you agree let the community know what you think.

George M. Strobele

St. Joe Beach