# Theatrical Law - HELP!



## pjmay3 (Apr 24, 2010)

A worst nightmare became reality for me recently. I'm Theatre tech staff and I was doing final checks on the sound system before a cowboy poetry and music show when BANG! One of the performers shot off his prop revolver on the sidewalk while trying to encourage people to come to the show. He thought it was a good idea because it was an attention getter and it did draw a good number of people to the box office, but my concern was that it being a Saturday night, the street my theatre is on is also home to many bars where people will stumble out wasted drunk and are sometimes even quite violent. Needless to say, the street that night was crawling with police and I had to hurry the performer back inside so that a police officer would not pull a gun on that night's entertainment. Also on another note, my boss durring a production meeting had the insane idea that if a show were purposely shut down that it would be a great publicity stunt. All that said, I need to know ASAP where I can find laws regardin theatre in terms of Stage prop weapons, smoke machines, live flames...everything that could possibly shut down a show. I need to know how to follow laws regarding theatre so I can avoid shows being shut down. The last thing I'm looking for is publicity stunts. All I want to see is well done, successful theatrical productions. Any advice would be greatly appreciated.


----------



## Les (Apr 24, 2010)

I'm not able to cite any sources, but out of your list of things that could possibly get a show shut down, the only one of real concern is 'live flames', aka pyro. In the U.S. it is against the law to use any kind of pyro in a show unless certain criteria are met. This criteria usually entails having professional training, approved equipment, city ordinances allowing the use of pyro inside a building, and the presence of a fire marshal. 

Prop weapons is a gray area. No 'prop police' are going to come shut down your show because it is assumed that the weapons are being correctly used by correctly trained personnel. Having a stage combat specialist present is usually advised. Of course, firing off a prop gun outside could get the theatre in trouble and someone could get arrested for violating city noise ordinances or disturbing the peace. There may even be a law against discharging such a device in a public place if not part of a production. Either way, it's not the type of 'social experiment' that you would want to partake in, being that it can cause a panic.

Smoke machines won't get a show shut down unless you unlawfully disable the smoke detection system to permit their use. If you think a smoke or fog machine is going to set off your alarms, you must call on the fire department for their assistance. Usually they will staff a fire marshal for your show, who will disable certain smoke detectors in your facility and do a periodic walk-through of the building while it is being occupied. This is usually expensive -- they will probably charge by the hour, and will likely have a 4 or 8 hour minimum.


----------



## jwl868 (Apr 24, 2010)

See if your city's codes are posted online. Otherwise, go to either the city hall or library and slog through them.

Joe


----------



## FMEng (Apr 24, 2010)

Whether there are laws on the subject is really irrelevant. I think the real issue here is the strong possibility of the person on the street with a prop gun getting shot by a cop. People on the street have no way to know the gun isn't real and someone will call authorities to the scene. If he or she were to inadvertently point the gun in the wrong direction in the presence of police, and the police think someone is endangered in that split second, they will shoot to kill. They are trained to react instantly in that way, and that can lead to tragedy.

Do a little research and you'll find out that it isn't uncommon for someone pointing a realistic looking, plastic, toy gun to get killed. Don't take my word for it. Ask any law enforcement professional if they think brandishing a prop or realistic toy gun in public is dangerous. 

Keep the prop gun confined to the stage and under strict controls of the prop master or stage manager. They are not a toy. I work at a university and my office used to be in the same building as a theater. In the rare times they used prop guns, they made sure everyone in the building knew the time frames when the gun would be discharged. Memos were posted on all office doors. They also made sure that the campus security people were aware of the expected firing times. It was especially important to do because there had been a murder-suicide on campus a couple of years earlier, which tends to make people touchy.


----------



## BrockTucker (Apr 25, 2010)

You don't just have police to worry about. I'm envisioning his boss/crazy actor looking around, seeing no cops, and going ahead with their prop gun publicity stunt. Depending on what state you're in private citizens may be armed. I know if someone starts discharging a prop gun here in public here in Florida they're going to have to hope all the CCW holders realize it's not real.


----------



## n1ist (Apr 25, 2010)

Remember that prop guns themselves can be lethal, and should only be used in controlled situations.
/mike


----------



## kendal69 (Apr 25, 2010)

I called the police to ask them once about a BLANK gun and they said there is no law against a BLANK gun. I mean they start running races with them all the time. 

Sooooo, if you want the noise use a blank gun and man it was LOUD.

You need to call the local police and ask, also warn them what you are doing. Note though in todays society you could cause a riot with people running from the area and people could get hurt and not being a lawyer one would think whoever shot the gun would be liable.


----------



## Footer (Apr 25, 2010)

kendal69 said:


> I called the police to ask them once about a BLANK gun and they said there is no law against a BLANK gun. I mean they start running races with them all the time.
> 
> Sooooo, if you want the noise use a blank gun and man it was LOUD.
> 
> You need to call the local police and ask, also warn them what you are doing. Note though in todays society you could cause a riot with people running from the area and people could get hurt and not being a lawyer one would think whoever shot the gun would be liable.



There is a big difference between a starter pistol and a gun that shoots blanks. A gun that shoots blanks can still shoot real bullets. A starter pistol can not. Both are not to be confused with paper tape "cap" guns. 

Starter pistols are a grey area in many communities. There are also "training pistols" used to train dogs to respond to gunfire. Training pistols should never be used on stage. The blanks are a bit more powerful then starter pistol blanks and are dangerous to be used indoors. 

In many areas, even starter pistols are considered a firearm and are illegal to own without being licensed. I guarantee that if the weapon was discharged outside, the person could be arrested. Period. 

Anytime guns are used on stage, they should be treated like a deadly weapon, because they are a deadly weapon. I have done many shows with live guns on stage. It can be done safely but everyone has to be apart of the safety procedures. The weapons have to be specifically made to be used on stage. They can not be any weapon that at any time could fire a bullet. They are not a toy. People can and have been killed with prop firearms, even those made off starter pistol frames.


----------



## gafftaper (Apr 26, 2010)

In the end, the question isn't what is against the law to do. The question is who is going to sue you later. Depending on where you live many of these things are legal. HOWEVER: What if the crowd panics and stampedes? What if someone gets injured? What if the cops shoot the actor? 

Who is going to sue you when someone panics and how much are they going to get?


----------



## DuckJordan (Apr 27, 2010)

Like many people have pointed out, there are really no set theater laws for all of the world nor specific countries or areas. In my state at least any gun is legal as long as the person is over 18 and is clearly visible,(if hidden it requires a concealed weapons permit). As far as firing in public, our area terms them as fireworks and therefor without prior notification cannot be used outside. (although inside is perfectly legal). 

As far as getting a show shut down for something illegal. I very much doubt they are going to run in and stop a show for something like smoke or violence on stage. they may ask you to discontinue that part of the show but they will do so in a meeting with the director after the show.


----------



## martyclynch (Apr 28, 2010)

You aren't going to find a list of theatre safety laws starting with THOU SHALT NOT. At least I didn't. Let me know if you do.

You should contact your AHJ, probably the fire marshal, and get on the same page so there are no surprises. We have to alert our Police of every performance and get the props certified as being safely used for each production.

But this above all else: your are liable for anything. You can't pin any accident on the fire marshal just because you got permission. Don't do anything for which you are not prepared to take full responsibility.


----------



## jbrem003 (May 31, 2010)

I feel like I may be able to help with this situation as I am currently about halfway to completing my self licensing for gunwrangling on theater and film sets.

The first thing that you should employ at your venue ASAP is a gunwrangling clause. Any time there is a prop gun used in a show it is controlled, kept n a double locked case, and only handed to the actor immediately before his entrance and handed off after it is done until it is needed again. 

The position of a gunwrangler on a set is a position of maintaining safety, they are allowed to call safety holds over the director and, like a stage combat choreographer, are responsible in the end for the safe operation and level of understanding in a production utilizing blank/prop/stage guns with any amount of firing capacity. People HAVE died from blank gun misfires and this IS a serious issue. The fact that you had an actor in public with a FIRING BLANK GUN is a serious violation of many levels. 

First: The guns may fire what is called blanks, but they still emit a discharge through the vents on the side of the gun, this vented substance can cause burns if made in direct contact

Second: Why was the gun loaded if it was only for publicity? Did the actor gain access to the ammo? If the gun is being used for a publicity event, then it should be in a controlled area owned by the venue, and there should be a representative, if not the actual wrangler present to maintain control of the piece until the event concludes. 

Even in a stage setting, it is not professional practice to point a blank gun at anyone else on stage, you always aim upstage of the action, away from the audience and from fellow actors. This is a rule taught universally. The angles will work themselves out for sight lines. Nobody needs to be worrying about "realism" when safety clearly trumps in this situation. These are just basics before even thinking about making a decision to place an actor in public with a gun, let alone with the capability to fire. The actor is only half at fault however, because the venue provided the situation for this to occur. The fact that someone wants to close the show for a "publicity stunt" is severely misinformed if he/she thinks that will help the reputation of the theater. If anything it will drive a professional level of focus away and ruin many potential connections that you may not even be able to foresee at this point. 

All told (and sorry for the rant, this really is an extreme situation, and I hope that you are able to find resolution with is soon.) 

There may be no easily accesible set of "Do's and Don'ts" concerning proper gun wrangling, but they do exist. Finding out this policy and enacting it asap is the best course of action. Informing your supervisor that the venue us as much at fault for this event as the actor is a necessity and learning from this event is really the best course of action in my opinion.

Best,
-Jon Bremner
Resident Designer,
"Generic Theater," Norfolk, VA


----------



## jbrem003 (May 31, 2010)

This is a well written set of guidelines to hep you get started:

Community Theater Green Room --


----------



## CSCTech (Jun 9, 2010)

Bit late but thought I would say something.

We never considered cap or blank firing weapons before, what we do is we have a CO2 pellete gun, (pellete cartridge removed), and load a new C02 can in before a show, so you have the look of a real gun, as a orange tip is not needed, as it is a weapon, but in our state pellet guns do not require a license.
And for effect we use a sound effect. Plus there is a bit of smoke that comes from C02 pellete guns.


----------



## kendal69 (Jun 10, 2010)

The son of Bruce Lee was killed with a blank gun.

Blank Pistol Kills Actor, The Son of Bruce Lee - Obituary; Biography - NYTimes.com

More on Stage guns:
http://www.moviegunservices.com/mgs_weapontypes.htm


----------



## museav (Jun 14, 2010)

Another actor death by blank mentioned in the Brandon Lee article, Jon-Erik Hexum - Wikipedia, the free encyclopedia.


----------



## ruinexplorer (Jun 17, 2010)

pjmay3 said:


> Also on another note, my boss durring a production meeting had the insane idea that if a show were purposely shut down that it would be a great publicity stunt. All that said, I need to know ASAP where I can find laws regardin theatre in terms of Stage prop weapons, smoke machines, live flames...everything that could possibly shut down a show. I need to know how to follow laws regarding theatre so I can avoid shows being shut down. The last thing I'm looking for is publicity stunts. All I want to see is well done, successful theatrical productions. Any advice would be greatly appreciated.



Ah, many great tragedies start with publicity stunts. I would have to agree with you that this was an insane suggestion. Getting shut down is a great way of deterring potential audience members since it usually is the result of gross negligence and safety hazards. In other words, things people tend to avoid. Do you think that you would be running to a restaurant that had been closed for health violations?

Anyhow, as stated above, keep a good personal connection with your AHJ (agreed that it will most likely be your fire marshal). Since they are the authority to interpret the laws and how they pertain to your production, they will be the ones who will most likely ever shut down a production. 
As for specific laws to this industry, there are relatively few. Labor laws are geared towards the actors (especially children), and not the technician. Safety regulations fall somewhere between General Industry and Construction as well as permanent and temporary structures. Don't forget to know the general assembly laws to provide adequate exits (signage and lighting included). 

Is your venue staffed by employees, volunteers, students, or some combination? Also, use the search function in ControlBooth as many of these topics have been previously discussed, especially prop guns/firearms.


----------



## IcarusProductions (Jun 19, 2010)

I don't know much about the regulations in the states, but CITT has a guideline for all those things - general good practice for theatre, and some law in Canada. If you cannot find any legal/regulatory material, it's a good place to start for standards. 

http://www.theatrealberta.com/documents/SafeStages2007.pdf


----------



## ruinexplorer (Jun 19, 2010)

That is a helpful document. I know that I have seen a similar one for British Columbia as well, but I didn't look to see what differences there are between them. USITT along with ESTA have drafted many ANSI standards for the industry. I think it would be helpful to have comprehensive documents like the one you posted that would help direct theaters to meet safety standards here in the States. Problem we run into is the difference between states that only use Federal OSHA standards and the states who have adopted their own, stricter standards. The biggest problem that comes into play is how the AHJ interprets these standards. In one instance, I had an inspector come through and have us remove all power strips that were not connected to computer equipment since under this inspector's interpretation, that was the only use permitted. We had to run additional power for desk fans because they weren't allowed to be plugged into a power strip. Yet other venues I have worked in with a different AHJ did not interpret the laws this way. This of course is a minor example that doubtfully would have been something to cause a hazard, but could have resulted in a fine anyway.

As stated in the document,

> Not all requirements under the Occupational Health and Safety Act, Regulation and Code
> are discussed in this resource. Safe Stages is not a defi nitive guide to the legislation and
> does not exempt readers from their responsibilities under applicable legislation. In case of
> inconsistency between this resource and the occupational health and safety legislation or any
> other legislation, the legislation will always prevail.


 you are still responsible for knowing the legislation in your area. Be sure to check with your AHJ. In the US, an employer may freely contact OSHA to do an inspection of their facility to help them make the workplace safe without the risk of a fine. However, if the inspector finds grevious problems, they may give a time limit for that to be fixed which is why many employers fear this service. Sad really that they would rather gamble with the safety of their employees instead of finding out what may save their own behinds in the future (read this as fines in the future).


----------



## CrisCole (Jul 25, 2010)

As a general rule of thumb-notify the police and fire department of any effects you do that may cause or incite panic.

When it comes to fog effects-remember you can not deactivate smoke detectors yourself. You must have a fire marshal. 
However, my stage manager went through the training to be a fire fighter, and the marshal gave him the 'thumbs-up'. He has become indispensable, as he can 'okay' effects, disable smoke alarms, and it costs me nothing extra.

When it comes to prop guns, I must give you the shame finger for allowing the actor access to the weapon, let alone the ammo. 

To restate what has already been said-NEVER USE A STARTER PISTOL. 
NEVER EVER EVER EVER use a real gun and blanks.

Several actors were killed, not by blanks, but because the weapon had fired real bullets, and they were not properly cleaned before the blanks were used.

Your prop gun should be locked in a vented box, and three people should have keys-the stage manager, the director/producer, and the police chief. Never unlock the box and take out the gun until it is time for performance. 

Typically, the protocol for prop guns in my theatre is this:

Leave the gun in a secure, locked, VENTED safe. Do not remove the gun until the five minute call. 

Store the blank in a separate safe. When you get the gun, get the blank. 

Place the gun on the prop table, unloaded. Right before the seen, our stage manager (also fire marshal approved& trained) loads the gun, and keeps it on his podium. The actor will pick up the gun at the last possible moment. 

You should never load the gun with more then what is needed. If the actor fires one shot, then only load one blank. If the actor fires one shot in this scene and then fires in the next, load one blank, and load the next after he fires. In other words, never have more blanks in the gun the necessary. 

When it comes to pyro---
Our theatre's pyrotechnician purchases the needed things for the effect. We set up each effect in an area safely controlled by the fire department. We then demonstrate the effect to the fire department, and the actor involved. After they deem it safe, we do it once more, with the actor acting out the scene as he would in the show.
We then give them notice of each time we use the effect. (Each day, someone calls the department and lets them know when the effect will happen that night.)

The only time we've gotten into trouble is when we used fog and pyro. The effect was simple-low lying fog in a forest, then a flash pot and smoke pot went off. The flash pot creates a spark, and a small amount of fire. The fog we used was not flammable, but some fog is. Unknown to us, a hand had put a glycerin based haze fluid in the machine, instead of the proper fluid. The result was a fire. The fog caught on fire, however we were lucky that the fog burnt up quickly. The effect was spectacular--the fog seemed to spontaneously combust, creating a fire ball effect. No one was hurt, but our Marley had melted in places.

Use common sense, and notify, notify, notify everyone of the effects you are using, and you will generally be okay.


----------

