So, I just finished a short script that involves a shootout at the end. Seeing as how it's a minimal part, I don't want to go through the hassle of a renting permit and insurance for a prop gun that I'm only going to use once. So I was thinking of using a Nerf gun or something similar and then adding effects later.
My question: if I did use an authentic Nerf gun and not a cheap knock-off, how would I avoid any potential legal trouble?
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Perhaps it's best if you let us know what type of legal trouble you're concerned about. Also let us know where you're shooting with a Nerf gun .Then we'll be able to address things better. I have been next to city streets with an actor using an Airsoft pistol (painted so the orange safety parts weren't visible) And also an actor carrying an Airsoft M4 (painted over the orange). No dramas.
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I'd also check with your local film office or the relevant authorities before shooting. Even if the prop itself isn't legally considered a firearm, filming scenes that appear to involve weapons can sometimes require permits or specific safety measures depending on the location. Better to clarify it in advance than run into unexpected issues.
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Is it a handgun? Use a CO2 air pistol. BB or pellet. You can get models near identical to specific handguns and you can find some that have blowback when fired. You just lay in a muzzle flash in post but the barrel section moves back visibly so it's very realistic. Of course, don't use pellets or BBS. As far as legal trouble - you are breaching trademark law if you use a recognizable product without permission, and if NERF or whoever takes offense, then there's that liability. As for liability for the air weapon - it's not a firearm anywhere in the US so you need no permits, but it is still a weapon and should be treated as such as far as use, custody and visibility.For instance in California you are REQUIRED to conceal it (yeah... go figure you're required to conceal a weapon in California of all places) Imagine what could happen factually and legally if you left it out on a chair and someone walked off with it, off set and a trigger happy cop (or someone else) saw them with it...
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Listen to Shadow! He said it better than me.
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It's often also a good idea to notify local police that you're filming a movie, in case neighbors see you and report you. A film I was on ran into this the hard way; they had permission from the property owner (a storefront) to film in their parking lot, and the store owner knew what was going on, but passersby didn't, so a random observer called the police because they didn't realize that the fight was a scene. They thought it was an actual assault, and the police showed up and shut things down until the director explained what was going on. It ended up being harmless, there were no charges nor fines (etc), but the actors who had to hit the deck with police drawing guns on them were rather terrified at the time (I was around the corner away from the fight scene due to being the boom operator on that production).
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I didn't realize that I left out a lot of key info about this. I apologize for that. For a better idea of what I'm pursuing:
-The entire short takes place in a single interrogation room, with two actors initially with a third one at the end
-I was thinking just a soft dart blaster would be good enough. I honestly wouldn't even need the darts.
-It could be a dart handgun or a dart long gun. Either way would work.
-My main concern is that using a Nerf gun that says "Nerf" or can easily be recognizable as one would get me sued or a Cease and Desist, resulting in having to film the whole thing all over again.
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I'd still check your local regulations first. Even with a Nerf gun, it's always better to be safe than sorry.
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Hey
Real Nerf is better than fake ones. Colors show it’s a toy so less problems.But still check your local rules. Even toys can cause issues if someone sees it outside and calls cops. Maybe just let police know if you’re filming outside.Leave the orange tip on. Don’t aim at people. Shoot in private place if possible. Effects later will fix it.
Just be careful.
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Smart workaround for a low budget shoot. Just make sure the Nerf gun looks clearly toy like, not black or realistic, so it's not mistaken for a real weapon, especially if you're filming somewhere visible. Might also be worth giving neighbors a heads up and having a quick note on hand saying it's a film shoot. Definitely worth checking local laws too, since replica firearm rules vary a lot by location.
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So, I found one and bought it. It's an offshoot of Nerf (no pun intended) and looks sci-fi enough to be passable. What do you guys think?
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That’s a smart workaround idea. From what I’ve seen, the safest route is still to double-check local filming regulations, even for prop or toy guns, just to avoid any issues. The VFX route can definitely work well though if done right curious how you plan to execute the shootout scene!