"From a public and a law enforcement perspective we cannot tell the difference any more," said Billings Police Sergeant Kevin Iffland. Police say that was the case earlier this week at Rimrock Mall when juveniles shot at a mall employee with a bb gun. Several witnesses thought it was a real firearm.

"They've definitely changed a lot. You've still got your original Red Rider and some of the older ones but yeah they're changing quite a bit," said Big Bear Sports Center's Justin Pearl. Changes that include bb's that shoot as fast as real guns. "They're getting very powerful," said Iffland.

The easiest way to tell the difference between the two is a small orange cap that is usually installed at the end of most toy guns. Police say the problem is criminals are painting the tips of real guns to throw off law enforcement.

"Its a very touch predicament for us to be in so we have to treat every weapon we see as an actual threat," said Iffland. And that threat has transferred into the stores where most of the time the word "toy" isn't even associated with bb guns.

"Now they are technically considered more of a gun and less of a toy. Older bb guns were more of a toy, they didn't have anywhere near the velocity the new ones do," said Pearl. Velocity that police say in the right conditions could turn fatal.

Billings municipal code states no one under the age of 18 is able to purchase a bb gun without a parent or guardian.