Pittsfield Police Threaten Criminal Charges for Orbeez Guns

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.

"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.

Signaled Intersection Proposed for West Street in Pittsfield

By Brittany PolitoiBerkshires Staff
01:13PM / Tuesday, July 23, 2024

Ward 6 Councilor Dina Lampiasi speaks at public hearing on plans to reduce speeding on West Street. 

PITTSFIELD, Mass. — The city believes that traffic lights at the intersection of lower and upper West Street will improve safety.

Last week, a hearing was held for improvements on the roadway that saw two pedestrian deaths last year. After a few iterations, the updated design reduces the footprint and adds a signal at the intersection of lower and upper West.

"This is a big change," City Engineer Tyler Shedd said.

"Traffic signals are expensive and it's part of the reason why we decided to reduce the sort of scope along West Street and stopping at Backman Avenue instead of continuing with the resurfacing all the way to Valentine Road."

All three directions will have a signal and it will be bordered by three crosswalks.

The City Council has authorized a $2 million capital borrowing for the streetscape improvements on the corridor and the hope is to bid work in the fall with construction beginning in the springtime.

Ward 6 Councilor Dina Lampiasi appreciates the effort and a lot of the work done to improve safety in the corridor but is hesitant about the light.

"I'm going to be honest, I'm not a big fan of the light," she said. "And residents I've spoken to I think it's about a 50/50."