*snort*
That is pathetic.
Even better if the thing had one of those orange caps on it.
I read when some of the crooks are using a black marker and covering up the orange. No doubt their defense, upon being shot, will be "It was only a toy". They should get extra time for covering up the tip.
It is my understanding that if the victim thinks it's a real gun, the situation is treated as if it was - an eye of the beholder thingy.