A lot of people have complained about leaving the gun where a three-year-old can reach it...without a safety on. This is a valid complaint, but rather than just restate what others have said, I'd like to add something.
When I came into possession of my first fake gun, not only was I a good bit older than three, but my dad sat me down on his lap and gave me a very detailed lecture on gun safety, fake gun safety, and how to tell the difference. I was also probably somewhere around 10 years old when I first started playing games that involved guns.
With that in mind, it baffles me that not only is a three-year-old playing a shooter with a realistic toy gun, but the parents (apparently) made little to no effort to instill a fear of real guns in her, or what to do with a fake gun. Honestly, I would expect the TV to get shot. I mean, if you give your kid a fake pistol, it makes sense to have some sort of rule like "Only point this at the TV" or "Never point this at yourself or anyone else" EVEN IF IT'S A FAKE.
Also I was pretty sure that, regardless of where it was bought or manufactured, it was illegal to OWN a toy gun that did not have an orange muzzle. I could be wrong though, and it may vary by state.
Oh, and one last thing. I might be totally overestimating the prowess of the average toddler, but I think if I picked up the gun on the bottom of the picture day after day, and then one day picked up the real one, I'd notice that it was a different object. For what it's worth.