Paintball guns aren't toys. BB and pellet guns don't have red tips and I don't think airsoft guns do either.
Depends on the state laws, I think. To manufacturers, there's obviously a dilemma; pushing for orange tips puts them in the good eye of law enforcement and minimizes injury in death due to. On the other hand, the orange tips naturally screams toys, which is obviously not something avid milsim types want. And if you alienate
that group, then the accessory industry will die.
With paintball, the markers are classified as weapons, and there is also the issue of barrels being easily exchangeable. And there's the same issue there; if they push for classification and regulation of the markers as toys, then the orange tip is the next step, which would effectively kill rec and milsim paintball.
As for this marker, some dude I know is apparently going to a demonstration of the TM-7, should be hot. I've been looking into finally going electro (the SP1s I have don't count), and this might be the marker that seals the deal.