Everyone knows that you can’t put the name “Chevrolet” on a Mercedes-Benz and have anyone believe what the sign says. It’s the same situation with gun use. You can put the fake label “xyz guns inc.” on a Smith & Wesson but anyone who knows anything about guns will know you are using that company’s firearm, as will anyone who works at Smith & Wesson and might object to the use. Brands in both automotive and firearms industries are distinctive. How do productions, then, handle clearing gun use for film & television projects?
I have always wondered about this and thought I’d go ahead and find out for this newsletter and then share the insights (after getting proper permission, of course). So here are comments from four individuals who deal with prop gun use on a regular basis, interesting observations and explanations that will help us to put together some new language for our reports going forward.
PROPS MASTER #1 – “In my 15 years doing this I have never worried about clearing any gun brand. No greeking, no permissions, nada. The reality is no gun company would ever give you direct permission to use their weapon to kill someone etc, but no gun company would ever sue after the act, as there is no such thing as negative publicity for such companies. The same applies for cigarette brands. Don’t ask, don’t tell policy. When we use fake guns, they are often molded off real guns or they are replica toys which often look exactly like the real thing.”
PROPS MASTER #2 – “As far as I know no one ever asks permission of the manufacturer. I do not. I think I tried once and was told that I didn’t need to ask. All guns that we use are actual and identifiable unless the gun is custom made by a gunsmith for a movie.
It is a unique situation. It seems to be understood that they are being used as intended so no permission is needed. I do not know of any occasion that a manufacturer has litigated a production for using a gun. Guns in movies are free advertising for the manufacturer. For example the “Dirty Harry” gun is a Smith and Wesson model 29 revolver but everyone knows it as the Dirty Harry gun. In fact some manufacturers actively want their guns placed in film to boost popularity.
We never use fake guns. They don’t exist. There are no generic guns. We use real guns that have been made non-firing, or airsoft replica guns or exact replicas made in hard or soft rubber. Each and every gun has to be registered and owned by someone even if it is rubber or plastic. Typically these are owned by a gun wrangler and when he lets me carry the gun on set, I have been issued a form saying that I have permission to temporarily possess that particular gun. When we need to have a gun fire a blank we have the gun wrangler bring the gun and ammunition.”
PROPS MASTER #3 – “I’ve never attempted to ‘clear’ a firearm for use in tv or film. As we’re doing with cars… we ‘greek’ guns by way of vinyls and tape to avoid logos and trademarks, but never approach manufacturers for clearance. It’s my understanding that we avoid the use of specific brands on network television to avoid conflict with advertisers, I’ve yet to see an ad by a gun manufacturer. We do use ‘fake guns’ in so much that they are non-firing, but they’re exact replicas of the original. Most people with an interest in firearms could rapidly identify make and model, as could people interested in cars.”
PROPS MASTER #4 – “Our approach is quite straightforward in that we aim to use very generic looking guns as props, and consequently avoid using guns with distinctive brand-specific looks. To mitigate clearance risks, we limit camera close-ups on guns that are used in production, and also generally avoid their negative portrayal (e.g. the unreliability of a gun).”
First published September, 2011