Well said. (Edit: Morb) ^
Luckily for people who do the stupid act of being in the wrong place with a "gun", cops are usually as sensible as per described above.
You must also question the motive of someone who points something they obviously know is "scarey" at someone. If the kid knows what he is holding will be considered the real deal, there's no difference in his mindset. He/she still intends to scare whether or not they actually have the ability to kill. I know it's a premature conclusion but anyone who points a weapon at someone in this situation should be assumed to have done the same with a real one.