> no matter there is no regulation in most states from making a real gun to look like a toy gun so it's a totally bogus presumption

It's a federal law.

> each toy, look-alike, or imitation firearm shall have as an integral part, permanently affixed, a blaze orange plug inserted in the barrel of such toy, look-alike, or imitation firearm

https://uscode.house.gov/view.xhtml?req=(title:15%20section:...

The law says that toys have to look like this, but there's often no restriction against painting an orange tip onto an actual firearm.