PITTSFIELD, Mass. — The Police Department has doubled down on the school district's public warning about toy gel guns.

On Monday, Pittsfield Police issued a release about Orby or Orbeez toy guns, reporting that in recent weeks, there have been "numerous complaints" about juveniles playing with Orbeez and other similar air-powered toy guns that shoot gel pellets.

Earlier this month, Superintendent Joseph Curtis sent a memo to the school community about the "concerning trend" of gel pellet guns. The toy guns shoot gel or water beads and are said to pose a risk of physical harm and being mistaken for a real firearm.

The police promised "low tolerance" for incidents involving the toy guns and possible criminal charges for repeat or more serious offenses. It was also noted that charges can still be made if children are playing with them together, as state law doesn’t allow for consent to assault and battery.

"The Pittsfield Police Department will have low tolerance for incidents involving Orbeez or other similar toy guns. Under Massachusetts General Law chapter 269 section 12B, it is unlawful for a person under 18 to possess or shoot such an air powered rifle unless they are with an adult. It is also unlawful for anyone to shoot a projectile on, from or over a public way," the department wrote.

"Other possible criminal charges include Assault and Battery with a Dangerous Weapon, Disorderly Conduct, and Possession of a Dangerous Weapon during a Breach of the Peace. It is important to note that under Massachusetts General Law, a person cannot consent to an assault and battery. That means that even if the children are playing together, criminal charges could result especially if there is injury."

Police say they have already confiscated a number of these toy guns and in many instances, they were returned to the parents with a warning. The toy guns and gel beads are secured behind a locked case in Walmart on Hubbard Avenue, many indicating that they are for ages 14 and older.

They asked that parents speak to their children about "the dangers and consequences of playing with these toy guns." Reportedly, police have observed instances of people freezing the pellets to cause further damage and driving erratically through the downtown while using them.

The superintendent reminded PPS families that they are a violation of the Pittsfield Public School's code of conduct and could result in a suspension of 11 days or more.

Last fall, someone used a similar gun to target cross-country students and a coach from Lee High. No one was injured in the incident. Given the frequency of school shootings nationwide, Curtis said schools cannot afford to accommodate anything that even remotely resembles a firearm

"The Pittsfield Public Schools firmly maintains that Orby toy guns and any associated pellets should not be brought onto school premises, including both indoor and outdoor areas. This directive is in place to ensure the safety and well-being of all students, staff, and visitors within our educational environment," he wrote.

"We stress the significance of following this directive to prevent any potential hazards or disruptions that may arise from the presence of these items on school grounds. By upholding this standard, we aim to cultivate a secure and conducive learning environment for everyone within the Pittsfield community."

Both the district and PPD listed physical injuries, misidentification, and public disruption as dangers of the Orbeez guns. PPD wrote:

• Misidentification: While considered toys, some of these guns are similar in appearance to actual firearms. This could easily lead members of the public or even police officers to misidentify the objects as legitimate weapons.
   
• Physical injuries: The pellets are propelled at high speed and can cause welts and eye injuries.  In some instances, the pellets have been frozen to cause further injury to the target or property damage.
   
• Public disruption: Involved individuals have been witnessed running or driving erratically through the downtown area. This creates a dangerous situation for the involved participants as well as drivers and other pedestrians.

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