I was under the impression that they had mandated the dayglo orange barrel tips on toy guns sold retail.
I also don't understand why a sane individual confronted by police wouldn't just put the toy down. But then I don't understand why people litter in their own neighborhoods and I see it every day.
It wasn't a toy gun, is the problem.
I'm not commenting on the events at WalMart until the video is out. I do want to say this though, because there's a lot of misunderstanding in this thread:
Airsoft are the "toy" guns. Plastic bbs. Some but not all of them are cosmetically modified to appear toy-like for instance orange tipped barrel.
Air rifles are not toys. They are pneumatic hunting weapons. They are deadly with the right ammo and correct shot placement. Depending on the model some have higher velocities exiting the barrel than 22lr rifles.
Even if the officers knew it was an air rifle they still should have proceeded as though he were brandishing a lethat weapon. He was.