Julia Holt Law Firm

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Prop Guns: Can Actors Handle With Care?

When you hear the phrase “prop gun”, you assume a non-lethal replica or a toy. However, the tragic incident of Alec Baldwin firing a prop gun that fatally shot cinematographer Halyna Hutchins on the set of Rust in New Mexico proved just the opposite. In October, Baldwin settled the wrongful death lawsuit with the family of Halyna Hutchins. Baldwin has recently filed a counter-lawsuit against several members of the crew for negligence. Rust is scheduled to resume filming in January 2023.

Let’s be clear — Alec Baldwin was not criminally charged for the death of Hutchins. He addressed that he did not know the gun was filled with live rounds. This tragedy on the set of Rust highlights that blanks can still be fatal at close range. Also, it showcases the need for gun regulation on set. One particular issue that has been hush hush revolves around actors with felonies being in possession and carrying firearms on productions.

State and federal laws say that convicted felons cannot be in possession of a firearm. It is illegal to supply a convicted felon with a firearm. So, why is it that television and film productions are able to find a loophole around this issue? Some actors with felony records are able to make careers starring in action films.

Many states have a hands-off approach and turn to unions and film studios to decide how to handle gun safety in productions. Those recommendations, issued by the Industry-Wide Labor-Management Safety Committee, call for limited use of live ammunition and detailed requirements for the handling and use of firearms of all types. Safety meetings are to be held, actors are to keep their fingers off the triggers until they’re ready to shoot, and guns should never be unattended. Unless an issue occurs, OSHA does not regularly conduct safety inspections on sets and studios. OSHA remains silent regarding on-set gun safety.

How are prop guns different from ordinary firearms?

A prop gun is a loose definition and could apply to anything from a rubber toy to a real firearm that can fire a projectile. However, if it’s used for firing (even just blanks) it’s considered a real gun. When fired, a blank does not shoot a projectile like a pellet or a bullet. It is a creative choice for productions to use a real gun to make the characters and the events credible. The industry is proposing alternatives to prop guns such as CGI.

Who is responsible for guns on set?

When a weapon is used in a scene, that weapon must be managed by an armorer. Armorers coach the actors during rehearsal on gun safety. They also choreograph any gunfire scenes and work directly with the production designer, director of photography, and props master.

The armorer holds government-issued permits. Every time the prop gun changes hand it has to be thoroughly inspected by the props master or armorer. The firearms must be loaded and checked after each scene.

Are background checks and training required for everyone handling guns on set?

The prop gun could fall into several different hands from the stand-in to the props master, armorer, and assistant director. The assistant director and armorer are required to have training for on-set gun safety. The actors are encouraged to have training but are not required. In order to receive a permit, the armorer must have a background check to handle and store the firearms. Stand-ins and actors are not required to consent to a background check before handling a prop gun.

Hands-on gun training outside of on-set rehearsals and shorter work days could prevent mistakes while filming.

Safety Resources:

  • IATSE 484 Safety Hotline
    844-IA AWARE (844-422-9273)

  • DGA Safety Hotline
    800-342-3457

  • SAG AFTRA Safety Hotline
    844-SAFER SET (844-723-3773)