Features

Police Arrest Teen Playing Airsoft Game For Video Recording Incident

Logan

As teenagers, we were reckless. We try our new-found freedom with abandon, and sometimes we have a right to be reckless as teenagers as it is part of growing up. Rare is the person who doesn’t have memories of rebellion and regrettable actions when he/she was a teenager. Adults should understand that what they sometimes see as irresponsible behavior in the part of teens is part of their discovery period, trying things out before stepping into the real world of adults. Thus, we see all laws protecting minors as what matters is that they should be given chances as there's a long future ahead of them.

Even in airsoft, adult airsoft players often times grimace at teenagers playing airsoft without any concern for safety, or awareness of laws. We all emphasize that there is always a time and place for airsoft. Airsoft games should not disrupt the public, annoy neighbors, and cause panic in the community.

Perhaps it was the case for this group of teenagers in Radcliff, Kentucky who were playing an airsoft game when a neighbor called the police to report them as playing with rifles, though he wasn't sure if they were playing paintball or something else, according to a report at Wave3.com last March 19, 2014. The police arrived, armed with assault rifles to put a stop to what is really a harmless airsoft game.

A GoPro camera used by the airsoft players to record their game was left on to record the arrival of the police and the incident. It was noticed by an officer who ordered them to turn it off. One of the players, Ryan Seaman, told his friend that he didn't have to, earning the ire of the officer who then asked for his name. When he refused, he was arrested.

Seaman "was charged with criminal trespass, assisting minors to commit criminal trespass and carrying a concealed deadly weapon." Though Seaman disputes the last part as it was only a pocket knife that can be useful in outdoor airsoft games where you may need a knife to cut some branches or use it as a tool to do some fixes like we were taught when we were boy scouts.

It is not clear if the charge of criminal trespass will stick as there was no indication in the report that they were playing on private property without the owners' consent. But indeed that they have trespassed the penalty for such in Kentucky depends on the degree of misdemeanor:

  • Class A misdemeanor: up to 365 days in jail, max. fine of $500.00
  • Class B misdemeanor: up to 90 days in jail, max. fine of $250.00
  • Violation: max. fine of $250.00

The teenager could have been left off with a warning not to trespass on private property again for the purpose of playing airsoft, since the best way to help teenagers who might not be aware that they are violating a law is to educate them and give a strong warning not to do it again. But what the case really has come up to is about the teenager's First Amendment rights for recording the police. According to First Amendment expert Attorney Jon Fleischaker in the same news report,  "It sounds like a possible retaliation by police, retaliation is a strong word, but that's what it is," and that there is no law in Kentucky that one cannot record an encounter with the police.

There have been many incidents of police in the USA using intimidation or trumped up charges for those who record their activities. Just visit this website, "Photography Is Not Crime" and you can read about incidents and cases of police officers who get aggressive at people recording them in public.

Cameras are now ubiquitous and it is hard knowing if we are being recorded in public as CCTVs, digital camera, phones with cameras, and god knows what device out there has a camera (including eyeglasses, teddy bears and watches) are all over the place. Cameras are also an exercise of transparency and democracy since they also help prevent the commission of illegal activities by public officials, police officers included.

Indeed, in airsoft, having a helmet/action camera in our kit is getting to be a standard. Apart from recording airsoft games, it can also be useful in public places, especially when confronted by the police for transporting a replica firearm. You may never know what they will try to charge you with, or perhaps even help prevent an incident such as the Andy Lopez shooting. It is your word against theirs, and a recording of the incident can protect you from unjust charges.

This incident does provide some lessons for airsoft players, especially the younger ones:

  1. Do not play airsoft on private property without the owner's consent;
  2. Do not play airsoft if neighbors are not aware of what airsoft is (it's best to inform them); and
  3. Carry a helmet/camera when playing airsoft or transporting airsoft guns to record any encounter with authorities.

As they say "Sunlight is the Best Disinfectant," that's how cameras should be put to productive use and exercise our First Amendment Rights.

The Latest News

Feature Story

Airsoft Guns and Gear Reviews