Is Using a Fake Gun in a Crime a Serious Offense, and What Are the Legal Consequences?

Whether it’s a replica or a child’s toy, using a fake gun to commit a crime can lead to severe legal consequences. From using a fake pistol when carrying out a robbery to brandishing an imitation firearm to intimidate or threaten someone, most jurisdictions have strict laws regarding the use of a fake gun in a crime.

In fact, in the United States, using a fake gun during a robbery is a felony offense, often carrying the same punishment as an armed robbery with a real firearm. That’s because, when it comes to an armed robbery or an aggravated robbery, both of which are felonies, it is the perception of the “threat” to the victim rather than the authenticity of the weapon that ultimately determines the severity of these types of crimes.

Many people assume that using toy guns rather than real ones to commit a crime may result in a more lenient punishment if convicted, but in many cases, that is not true. This underscores the importance of understanding the laws surrounding fake guns in criminal activities.

What Constitutes a Fake Gun, and Is It Illegal to Have One?

A fake gun, often referred to by law enforcement as an imitation firearm, is generally defined as any imitation of an original firearm designed, produced, or manufactured after 1898. It may include toy guns, such as a toy pistol or water gun, replicas, air-soft guns, and BB guns.

Is It Illegal to Have a Fake Gun?

Throughout the United States, there are laws that regulate the ownership of fake guns. For example, in New York, selling replica guns colored blue, black, or aluminum is strictly prohibited, and having one can also have legal consequences.

Furthermore, Federal law states that all toy guns must have an orange tip or stripe along the barrel. However, even using a legal toy gun to commit a crime is a serious criminal offense with severe legal consequences.

How Serious Is the Use of Fake Guns in Crimes?

Committing a gun crime, such as armed robbery or assault with a deadly weapon, is a felony, and in most jurisdictions, it doesn’t matter if the gun is real or fake. In Oklahoma, for example, if the imitation firearm that was used in the crime was convincing enough for the victim to believe it was real, it is treated the same as an armed robbery with a real gun. Many other states throughout the country have similar laws.

Is It Illegal to Point a Fake Gun at Someone?

It is illegal in many states to point a fake gun at someone as long as there is an intent to threaten or scare them. It doesn’t matter if it’s a toy pistol or a replica gun, just using it with the intent to threaten or scare someone, whether during the commission of another crime, such as a robbery or not.

Does Using a Fake Gun in a Robbery Make It a Felony?

Using a fake gun during a robbery can, in many jurisdictions, upgrade the crime to a felony charge of armed robbery. For example, if someone robs a gas station attendant while brandishing a fake pistol, even if no force was used against the victim, it could be considered a felony armed robbery if the victim reasonably believed that they could be injured by not cooperating.

Legal Charges and Penalties for Using a Fake Gun in a Crime

Felony crimes involving a gun, such as armed robbery or assault, can result in prison sentences that range from several years to life behind bars, depending on the nature of the crime, the circumstances, and where the crime occurred. Even if the gun used in the crime was fake, it could still result in the same serious penalties as a felony gun charge involving a real gun.

What Charges Could You Face for Using a Fake Gun?

Most jurisdictions throughout the United States do not differentiate between a fake gun and a real gun, especially when a toy gun or replica is used during the commission of a crime. As a result, it is not uncommon for someone who uses a fake gun to commit a crime to be charged with a felony.

What Is the Punishment for Using a Fake Gun in a Crime?

When it comes to the punishment for using a fake gun in a crime, it is not uncommon for the defendant to face the same harsh punishments they would face if they had used a real weapon to commit the crime. The sentence for a gun crime varies by jurisdiction and can vary based on the type of crime and the case's specific circumstances.

For example, if someone is convicted of armed robbery, whether they use a fake gun or a real one, they could spend up to 15 years in prison and pay fines of up to $20,000. While many jurisdictions will treat a fake gun used in a crime similarly to real firearms being used in a crime, there may be differences in sentencing between using a phony gun and using a real weapon in a crime.

Real-Life Examples and Cases Involving Fake Guns

The following are just two of the countless real-life examples and cases involving fake guns:

• In 2017, two men broke into a home in Shippensburg Township, Pennsylvania. They threatened the occupants using a knife and what appeared to be a semi-automatic pistol but was a pellet gun.
• A year earlier, in Hamilton Township, also in Pennsylvania, four people were arrested on armed robbery charges. The robbery victim told police that he believed the gun that was held to his head and that he was in danger if he did not comply. Ultimately, the police recovered a fake gun.

These real-life examples of cases involving fake guns effectively demonstrate the severe consequences of using a fake gun to commit a crime, but there are still other consequences.

For instance, in Columbus, Ohio, a police officer responding to an armed robbery shot a teen who pulled out a fake one that looked real.

High-Profile Cases Involving Fake Pistols or Toy Guns

The Federal government does not currently track the use of replicas and toy guns to commit crimes. However, in recent years, law enforcement officials from jurisdictions nationwide say they have been seeing an uptick in the use of fake guns to commit crimes.

In 2016, in Arlington, Texas, a man used a fake pistol to carjack a woman. Not long after, in the same city, a teen was arrested for threatening a cop with a fake gun. In that city alone, officials report that nearly 20 percent of all weapons seized by law enforcement following a crime are lookalikes.

How Do Courts Handle Cases Involving Fake Guns?

If a fake gun is used to commit a felony, the court, regardless of jurisdiction, will likely handle the case the same way they would if the weapon used in the crime was, in fact, real. That’s because it is not the weapon that matters in these types of cases but the threat to the victim. However, local laws and the discretion of judges will have the final word on how crimes involving fake guns are ultimately handled.

The Federal government already has laws in place regarding the manufacture and sale of toy guns that look like real firearms. However, it is not uncommon for a criminal to modify a toy pistol so that it will look more like the real thing to commit a crime. Even if the toy gun hasn’t been modified, using a firearm to commit a crime, regardless of whether it's real or fake, is not child’s play, and it can land you in hot water and, in the end, you'll likely face felony charges for the crime.

Crime never pays, but those who think it's worth the risk because the punishment won’t be as severe for using a fake gun should think twice. The use of a fake gun during a crime often carries the same punishment as using a real gun.

For those who have no intention of committing a crime but just think it would be cool to carry around a fake gun, consider the fact that between 2015 and 2021, at least 245 people were fatally shot by authorities while in possession of replica firearms.