Bill would urge ban on pellet, BB guns

New Bedford city councilors will vote tomorrow on a measure that urges state legislators to ban pellet, BB, and replica guns, weeks after a 38-year-old man was fatally shot by police after drawing a pellet gun.

Brian K. Gomes , councilor at large, said he plans to introduce a motion that would call on the city's Beacon Hill delegation, as well as legislative leaders, to push for a wide-ranging ban on fake firearms that could confuse police. The proposed bill would ban all sales of BB and pellet guns, as well as replicas of handguns and sawed-off shotguns, unless they are brightly colored.

"If the requested legislation is passed, future tragedies . . . will be reduced or averted because there will be fewer legal pellet guns, BB guns, and no replicas that could be mistaken for the real thing," said Gomes. "There has been enough heartbreak caused by previous misfortunes and tragic events occurring throughout the Commonwealth."

On Oct. 26, two police officers encountered Lamont S. Cruz in a New Bedford crack house. Cruz, a recovering drug addict who was studying to become a drug counselor, drew a pellet gun, authorities said. Officers Justin Kagan and Arthur Hegarty fired their guns, killing Cruz. Both officers remain on paid administrative duty while the office of Bristol District Attorney Paul F. Walsh Jr. investigates the shooting.

Cruz, who had two daughters, had been on parole stemming from a 1990 manslaughter conviction .

In an interview shortly after his death, Cruz's wife of nine years, Marcy , said her husband was adamant that he would never be behind bars again. He may have pulled out the pellet gun because he thought the two officers were going to arrest him, she said.

Under Gomes's proposal, Massachusetts residents would be given a grace period to turn in such weapons or to paint them bright colors.

He also suggested that state lawmakers could establish a buyback program.

The proposal, if passed by the City Council, would be only advisory.

Raja Mishra can be reached at rmishra@globe.com.