The pistol is a pellet gun copy of a Beretta 92. You can see the Philips screw on the forward slide section that holds the two plastic halves of the gun together.
Stuff like that is not uncommon. When they do the artwork for VHS or DVD covers, they often take stock "hand holding a gun" pictures and superimpose them so it looks like the hero is holding the gun. Gun on cover equals action movie.
I'm definitely no gun guru... but it looks like a Beretta 92f, but there seems to be some stuff missing from the rear of the grip above where is hand is and below where the hammer should be (and I don't see a hammer either).
Just a novice taking a chance don't jump me ladies/gents!
I also think the hands holding the gun arent even his hands...look at the difference in skin shades..plus those hands look too pansy to be the hands of a such a warrior.
I was going to say the oxymoron of "Intelligence Agency" but yeah, the gun looks to be a prop.
And since you can't have a gun in California without going though allot of hoops, carrying outside your home, and just the general anti-gun aspect of California, I would guess the gun is a prop and about 99.9999999% sure that it is.