Air Gun Laws
&
Ordinances.
By Brandon Marshall
CEO/Owner Patriot Pneumatics, LLC
Introduction
While in some countries air guns are not subject to any specific regulation, in most there are laws, which differ widely. Each jurisdiction has its own definition of an air gun; and regulations may vary for weapons of different bore, muzzle energy or velocity, or material of ammunition, with guns designed to fire metal pellets more tightly controlled than airsoft weapons. There may be minimum ages for possession, and sales of both air guns and ammunition may be restricted. Some areas require permits and background checks similar to those required for firearms.
The United States Federal Government has strict firearms Laws under the National Firearms Act (“NFA”), 72nd Congress, Sess. 2, ch. 757, 48 Stat. 1236, enacted on June 26, 1934. The NFA is also referred to as Title II of the Federal firearms laws. The Gun Control Act of 1968 (“GCA”) is Title I. However, as this Guide will highlight, there are currently no Federal Firearms Laws, (or “FFL’s”) for pneumatic guns or compressed-air operated weapons of any kind. The U.S. has no federal laws regarding the sale, possession or use of Air-Guns.
The term “firearm” is defined in the Gun Control Act of 1968, 18 U.S.C. Section 921(a)(3), to include “(A) any weapon (including a starter gun), which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon….” Based on Section 921(a) (3), air guns, because they use compressed air and not an explosive to expel a projectile, do not constitute firearms under Federal law — unless they are manufactured with the frames or receivers of an actual firearm.
That understood, each State within the United States may (or may not) have each of its own laws or restrictions under (State Laws) for air-guns and spring guns, use, sale and/or possession. While most U.S. States have restrictive laws regarding minors under the ages of 16 or 18. Other air-gun laws may vary by city, town or by County. Each of these are under municipality codifications, or “ordinances”.
This book serves as a limited guide to many of those laws or ordinances. There are international laws regarding the sale, possession, use or import/export laws for air guns.
In this guide you will find many listed. As air gun laws change or become amended both nationally and internationally, it would be nearly impossible to list all of them globally. BB guns, pellet guns, air rifles, spring guns and airsoft (toy) guns are considered a sport activity or a genuine hobby Worldwide. The safety of the general public requires such laws to play a role in guaranteeing the safety of others. While this book is only meant as a “guide” to understanding such laws and may not be complete as to their progeny. It is up to you, as an air-gunner or air gun enthusiast to check with your local police, city, town, or State authorities regarding the air gun laws in your area. Certain laws and ordinances may not be listed in this Guide.
Preface
Historically, air guns represent the oldest pneumatic technology. The oldest existing mechanical air gun, a bellows air gun dates back to about 1580. Technology and advances in air gun capabilities have progressed and have become an enjoyable sport or recreational activity world-over. Safety in this industry has also become the focus of law-makers world-wide. As an avid enthusiast and air-gun designer, I have taken into account the many laws in place today regarding air guns. I hope you enjoy this guide and find it a useful tool in abiding by any air gun laws that may exist in your area.
A Word on Toy guns, or “look-a-like” guns, airsoft & Spring guns.
Legislation
The 1988 “Federal Toy Gun Law” prohibits manufacturers from selling
imitation firearms unless there is a blaze orange plug in the barrel or a
marking designated by the Secretary of Commerce.9 Federal legislation
pending in the U.S. House of Representatives would require the
Consumer Product Safety Commission to ban toys that resemble real
handguns in size, shape, or overall appearance.
With the ever-growing trend in enacting legislation to ban all types of guns, pneumatic & real firearms World-wide, there comes to mind a question we have to consider; What are the Laws? Where can we shoot our air guns? While this book is a vast compilation of these Laws, it doesn’t cover some areas.
There are many municipalities, counties and town’s without list ordinances. State Air-gun law references are made and many explained.
Legal Disclaimer about this book:
◾Although the author and publisher have made every effort to ensure that the information in this guide was correct at press time, the author and publisher do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. The legal references made here-in have been obtained via many 3rd-party sources, therefore the author claims no liability nor responsibility based on any or all of the legal references made in this guide. It is meant as a “guide” only, not a legal reference, laws are subject to change and differ from location, State to State, or by Country.
The author is not licensed as an educational consultant, or attorney. The author and publisher are providing this Guide and its contents on an “as is” basis and make no representations or warranties of any kind with respect to this Guide or its contents.
In addition, the author and publisher do not represent or warrant that the information accessible via this Guide is accurate, complete or current.
SUMMARY OF STATE LAWS REGULATING NON-POWDER GUNS
States that Regulate the Transfer, Use or Possession of Non-Powder Guns
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Illinois
Maine
Massachusetts
Michigan
Minnesota
Mississippi
New Hampshire
New Jersey
New York
North Carolina
North Dakota
Oklahoma
Pennsylvania
Rhode Island
Virginia
Washington
Wisconsin
States that Define All Non-Powder Guns as Firearms
New Jersey
Rhode Island
States that Treat Certain Non-Powder Guns as Firearms
Illinois
Michigan
States that Define Non-Powder Guns as Dangerous or Deadly Weapons
Connecticut
Delaware
North Dakota
States that Impose Age Restrictions on Possession, Use, or Transfer of Non-Powder Guns
California
Delaware
District of Columbia
Florida
Illinois
Maine
Massachusetts
Michigan
Minnesota
New York
North Carolina
Pennsylvania
Virginia
States that Explicitly Regulate Possession of Non-Powder Guns on School Grounds
California
Colorado
Connecticut
Delaware
Minnesota
Mississippi
New Hampshire
North Carolina
Virginia
Washington
Wisconsin
Description of State Laws Regulating Non-Powder Guns
Nineteen states and the District of Columbia regulate the transfer, possession or use of non-powder guns to some degree. Although additional regulations exist, non-powder gun regulations can generally be broken down into the following categories:
1. Defining All Non-Powder Guns as Firearms: New Jersey and Rhode Island take this approach, which generally ensures that all non-powder guns are kept out of the hands of children (absent direct adult supervision), and that felons and other individuals prohibited from possessing firearms are similarly barred from possessing non-powder guns.
2. Treating Certain Non-Powder Guns as Firearms: Illinois and Michigan define high-power and/or large caliber non-powder guns as firearms. Illinois excludes from the definition of firearms non-powder guns of .18 caliber or less and non-powder guns with a muzzle velocity of less than 700 feet per second. Michigan excludes the following non-powder guns from the definition of firearms: smooth bore rifles or handguns designed and manufactured exclusively for propelling BB’s, not exceeding .177 caliber by gas or air.
3. Defining Non-Powder Guns as Dangerous Weapons: Connecticut, Delaware and North Dakota list some or all non-powder guns as dangerous weapons. However, dangerous weapon laws tend to be much less comprehensive than laws regulating firearms. In Connecticut, it is unlawful to carry a dangerous weapon, although various exceptions exist for BB guns.38 It is also unlawful to transport a dangerous weapon in a vehicle without a permit. Delaware prohibits possession of dangerous weapons, which are defined to include certain large caliber BB or air guns. North Dakota applies enhanced penalties for the improper use or possession of dangerous weapons.
4. Regulating Non-Powder Guns with Respect to Minors: Most states that regulate non-powder guns do so by prohibiting transfers to children or by prohibiting/limiting where the guns can be possessed or used, although the restrictions are often inapplicable with parental consent or adult supervision. Depending on the state, the term “child” is defined as being anywhere from under 18 years of age to under 12 years of age. A number of states also criminalize the use or possession of non-powder guns on or near school property, or provide that such use or possession shall be grounds for expulsion.
Here is the 50-State listing of Air-gun & non-powder gun laws & ordinances. While we have made every effort to include as many localities as possible, there are many not listed for a lack of outside (3rd-party) resources at many locations, cities, towns and Counties throughout the U.S. We have included some International Air-gun laws as the last listing in this Guide.
Alabama-
Note:
Alabama has no laws regulating the possession/use of Air-guns, other than carrying a “concealed” Air-gun.
Albertville,
ARTICLE IV. WEAPONS – Albertville, Alabama – Code of Ordinances
Sec. 18-41. – Air rifles prohibited.
(a)
For the purpose of this section, the term “air rifle” shall mean and include air guns, air pistols, pellet guns, pellet pistols or any implement or device capable of propelling any slug, shot, pellet or missile by means of compressed air, compressed gas or by means of any spring or spring like device.
(b)
It shall be unlawful for any person to shoot or discharge an air rifle within the city limits of the City of Albertville, Alabama.
(c)
It shall be unlawful for any person to permit his or her minor child, or any minor child under his or her control or supervision, to shoot or discharge an air rifle within the City Limits of Albertville, Alabama.
(d)
It shall be the duty of any police officer, on observing a violation of this section, or in the investigation of a violation of this section wherein a sworn complaint has been made, to take any such air rifle into his custody, deliver the same to the chief of police as evidence, and such air rifle shall not be released until the investigation is completed; and, in the event the air rifle was taken from the possession of a minor child, it shall not be released to any person other than the parent, guardian or other adult person having the charge or custody of such minor child.
(e)
Any person violating any of the provisions of this section shall, on conviction, be fined not more than one hundred dollars ($100.00).
(Ord. No. 864, §§ 1—5, 3-19-79)
Andalusia,
(No recorded air gun restrictions), Hunting by permit only.
Anniston,
ARTICLE VII. PAINT BALL GUN – Anniston, Alabama – Code of Ordinances
Sec. 17.64. – Definitions.
For the purposes of this article, the following words, terms or phases shall mean as follows:
City means the City of Anniston, Alabama, or the police jurisdiction thereof.
Loaded shall mean any paint ball gun in which a capsule of paint, dye or other similar substance has been inserted into a chamber or a magazine of a paint ball gun, and which has the capacity of being shot or propelled. The use or engagement of any safety device which would disable the trigger shall not, for the purposes of this subsection, render the paint ball gun as incapable of being shot.
Paint ball gun shall mean any instrument designed or adapted to shoot, discharge, or propel encapsulated paint, dye, or other similar substance by or through the use of compressed air, gases or any pyrotechnic or mechanical means.
“Public building or public places shall mean any real property owned, occupied, or under the direct control of the City of Anniston, the City of Anniston Housing Authority, or the City of Anniston School Board including, without limitation, schools, governmental buildings; public parks; community or meeting centers, recreational facilities or green spaces; the public streets, alleys, sidewalks, and rights-of-way of the City of Anniston or the State of Alabama; apartments, offices or buildings of the City of Anniston Housing Authority.
(Ord. No. 05-O-5, § 1, 4-12-2005)
Sec. 17.65. – Prohibitions.
It shall be unlawful for any person, within the city or the police jurisdiction thereof, to:
(a) For any person to transport, carry, or possess within or upon any motorized vehicle a loaded paint ball gun.
(b) Shoot or discharge any paint ball gun into or across any public place or while on or upon any public place.
(c) Shoot or discharge any paint ball gun from, into, or across any residential or commercial lot without the
expressed permission of the owner thereof.
(Ord. No. 05-O-5, § 2, 4-12-2005)
Sec. 17.66. – Exclusion.
The prohibitions provided for herein shall not apply to:
(a) Activities located on or upon any licensed amusement facility within the city.
(b) Any activity on public property sanctioned or approved by the governing body of the entity owning,
occupying or otherwise having the immediate right of possession to such public place.
(Ord. No. 05-O-5, § 3, 4-12-2005)
Sec. 17.67. – Penalty.
Any person violating any provision of this article shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) and no more than five hundred dollars ($500.00), or by imprisonment or hard labor for the city for not more than six (6) months, or both, in the discretion of the court trying the case.
(Ord. No. 05-O-5, § 4, 4-12-2005)
Secs. 17.68—17.70. – Reserved
——————————————————–
Chapter 33 – WEAPONS
Sec. 33.8. – Air-guns, parlor rifles, toy pistols, slingshots, etc.—Uses.
(a) It shall be unlawful for any person to use, shoot or discharge within the city any toy pistol, air gun, parlor rifle or any similar weapon or thing that shoots a ball or projectile.
(b) It shall be unlawful for any person to shoot or discharge gravel, marbles, shot, arrows, or anything out of a rubber sling, gravel shooter, slingshot, blow gun, bow or other device or implement of like kind or character by whatever name known.
(c) The prohibition of subsections (a) and (b) above shall not apply to licensed facilities/premises or in and on private grounds or premises under circumstances when such instrument can be fired or operated in such a manner as to not endanger persons or property, and also in such manner as to prevent the projectile from traversing any grounds or residence.
(Code 1961, § 31.3; Ord. No. 95-O-39, § 1, 12-12-95; Ord. No. 02-O-6, § 1, 2-12-2002)
Sec. 33.9. – Same—Sale or delivery to minors.
It shall be unlawful for any person to sell, give away or otherwise dispose of within the city limits, to minors, any gravel shooter or slingshot, blow gun, bow or other device or implement of like kind, or any toy pistol, air gun, parlor rifle or any similar weapon or thing which discharges a ball or projectile.
(Code 1961, § 31.4)
State law reference— Sale or deliveries to minors, Code of Ala., § 13A-11-57.
Sec. 33.10. – Concealed weapons—Generally.
(a) No person shall carry concealed about his person, except on his land, in his own abode or fixed place of business, a brass knuckle, slingshot, bowie knife, dirk knife, air gun or other weapon or instrument of like kind or description.
(b) No person shall carry a sword walking cane, except on his land, in his own abode or fixed place of business.
(c) No person shall carry a pistol in any vehicle or concealed on or about his person, except on his own land, in his own abode or fixed place of business, without a license therefor as provided by Section 13A-11-75 of the Alabama Criminal Code.
(d) It shall be unlawful for any person to violate any provision of this section, but the defendant being tried under any of said provisions may give evidence that at the time of carrying the weapon he had good reason to apprehend an attack, which the court or jury may consider in mitigation of the punishment or in justification of the offense.
(Code 1961, § 31.5)
State law reference— Similar provisions, Code of Ala., §§ 13A-11-50, 13A-11-51, 13A-11-53, 13A-11-73.
Sec. 19.26. – Recreational activities.
It shall be unlawful for any person in a park:
Hunting and firearms. To use, carry or possess firearms of any description or air rifles, spring guns, bows and arrows, slings or other forms of weapons unless expressly permitted by the director, or to hunt, trap or pursue wildlife at any time in the park area. It shall be unlawful for any person to shoot into the park areas from areas beyond the boundaries thereof.
Arab, (No Documented/listed air gun laws/ordinances) hunting permits req.
Athens, ARTICLE I. IN GENERAL – Athens, Alabama – Code of Ordinances
Sec. 54-4. – Guns; discharging.
It shall be unlawful for any person, other than a law enforcement officer in the discharge of official duties, to shoot or discharge an air rifle, air gun, air pistol, BB gun, rifle or shotgun within the city. The provisions of this section do not prevent persons from exercising their rights of self-defense or defense of others.
Bay Minette,
(No Documented/listed air gun laws/ordinances) hunting permits req.
Bessemer,
Sec. 82-26. – Recreational activities.
It shall be unlawful for any person in a park:
(7)
Weapons and hunting. To use, carry or possess firearms of any description or air rifles, spring guns, bows and arrows, slings, or other forms of weapons, unless expressly permitted by the director, or to hunt, trap, or pursue wildlife at any time in the park area. It shall be unlawful for any person to shoot into the park areas from areas beyond the boundaries thereof.
Brewton,
ARTICLE II. – WEAPONS
Sec. 14-20. – Definition.
For the purpose of this article, the term “BB and air gun” shall mean and include any air gun, air pistol, pellet gun, pellet pistol or any implement or device capable of propelling any shot, slug, pellet or missile by means of compressed air, compressed gas or by means of any spring or like device.
(Code 1966, § 13-51)
Sec. 14-21. – Firearms; discharging.
No person, except duly authorized peace officers in pursuit of their duties, or persons having a permit therefor from the mayor, or persons acting in self-defense, shall fire or discharge, or cause to be fired or discharged, any pistol, gun, cannon or other firearm.
(Code 1966, § 13-5)
State law reference— Firearms regulations, Code of Ala. 1975, § 13A-11-50 et seq.
Sec. 14-22. – Shooting or discharging BB and air-guns—Generally.
It shall be unlawful for any person to shoot or discharge a BB and air gun within the limits of the city.
(Code 1966, § 13-52)
Sec. 14-23. – Same—Permitting minor to discharge.
It shall be unlawful for any person to permit such person’s minor child to shoot or discharge any BB and air gun within the limits of the city.
(Code 1966, § 13-53)
Sec. 14-24. – Confiscation of BB and air-guns.
It shall be the duty of any police officer, on observing the violation of section 14-22 or section 14-23, or in the investigation of a violation thereof wherein a sworn complaint has been made, to take any such BB and air gun into custody, deliver the same to the chief of police as evidence, and such BB and air gun shall not be released until the investigation is completed and, in the event the BB and air gun was taken from the possession of a minor child, it shall not be released to any person other than the parent, guardian or other adult person having charge or custody of such minor child. Where such BB and air gun has been confiscated it may be redeemed by the parent or guardian of such child by payment being made to the city of the cash sum of twenty-five dollars ($25.00).
(Code 1966, § 13-54)
Sec. 14-25. – Same—Responsibility of adult for violation by any child.
Any parent of any child permitted to violate the provisions of section 14-22 or section 14-23 shall be personally responsible for violation as though such person committed the offense.
(Code 1966, § 13-55) Secs. 14-26—14-29. – Reserved.
Calera,
Sec. 10-7. – Shooting toy weapons.
It shall be unlawful for any person to project, or cause to be projected, any gravel, marbles, shot or other missile in, over or along any of the parks, streets, or alleys of the city, or in, along, over or across the premises of another, or to shoot in the city or the police jurisdiction of the city any flobert rifle, air gun, sling-shot, gravel shooter, blow gun, rubber sling or implement or device of like character.
Center Point, (No Documented/listed air gun laws/ordinances) hunting permits req.
Cullman, ARTICLE IV. – OFFENSES INVOLVING WEAPONS
Sec. 34-154. – Concealed weapons in city buildings.
It shall be unlawful for any person to carry concealed about such person a bowie knife or instrument of like kind or description, or a pistol, or firearm of any other kind or description, or air gun, brass knuckles, slingshot, or other weapon of like kind or description in any city building or facility.
Decatur, Chapter 16 OFFENSES—MISCELLANEOUS – Decatur, Alabama – Code of Ordinances
Sec. 16-7. – Firearms; discharging.
Except as otherwise provided in this section, it shall be unlawful for any person to shoot or discharge within the city limits of the city or its police jurisdiction any firearm, pistol, rifle, shotgun, air gun, air rifle, B-B gun or other like instrument of any nature; provided however, this section shall not apply to the following:
(1)
To the shooting or discharging of a shotgun by a duly licensed person in the act of hunting authorized game in season with the permission of the owner of the property upon which such shooting or discharging takes place at a point not less than three hundred (300) yards from any residential structure, business structure, road or street;
(2) To any show, display, turkey shoot or other similar event which said event complies with the rules and regulations established by the chief of police, and for which event a permit shall have been duly issued by the chief of police;
(3) To duly authorized law enforcement officers acting in the line and scope of their duties as such, or engaged in training or practice at designated firing ranges;
(4) To any duly authorized and approved indoor pistol ranges established and approved under the following conditions:
a. An “indoor pistol range” shall be defined as an indoor firing range where pistols are fired at targets. Nothing in this section shall be construed to permit the firing of rifles and shotguns upon said ranges.
b. All indoor pistol ranges shall be subsurface ranges with the target impact area at least five (5) feet below the surface of the ground.
c. An employee of the owner/operator must be physically present during any firing on the indoor pistol range and said employee of the owner/operator must have:
1. A National Rifle Association of America certificate of appointment as a police firearms instructor, which has been conferred by a college or university having an accredited law enforcement academy; or
2. A current police instructor certificate, from any college or university having an accredited law enforcement academy.
d. All indoor pistol ranges must be in a building approved by the building director and must meet all requirements and building code regulations for indoor pistol ranges, as provided for elsewhere by this Code, and must meet all requirements of the laws of the state and the city.
Demopolis,
Sec. 14-7. – Weapons—Gun restrictions generally.
(a)It shall be unlawful for any person to shoot or discharge any firearm or other rifle or pistol in the city except as follows:
(b)This section applies to all types of firearms and other guns of every kind and description, including, but not limited to .22 caliber rifles, air rifles, flobert rifles, pellet guns, slingshots, air pistols, gravel shooters, blowguns, shotguns and pistols.
(c)It shall be unlawful for any person to permit such person’s child or ward, or any child in such person’s custody, to shoot or discharge any such firearms prohibited hereinabove, within the limits of the city, except on such person’s own premises and in such way as not to cross over or enter upon the premises of another, and then only the above-mentioned spring-action BB guns.
Dothan, Sec. 62-171. – Weapons; carrying and discharging firearms or air-gun.
(a)No person shall carry a pistol which uses a powder or air propellant on or about his person, except on his own real property, in his own abode or fixed place of business, without a license therefor, or except as provided for under Code of Ala. 1975, § 13A-11-52.
(b)No person shall hunt any wild game with a firearm within a distance of 100 yards of any public street, road, highway, residence or place of business.
(c)No person shall discharge a firearm or gun which uses a powder or air propellant closer than 100 yards of any residence, except for protection of his property and members of his household in and about which he shall be responsible for damage, injury or endangering the lives and property of others.
(Code 1977, § 9-12)
Elba,
Sec. 50-84. – Firearms—Discharging in city.
Any person who shall shoot or discharge any gun or other firearm within the corporate limits of the city, except in self-defense or while lawfully hunting, shall be guilty of a misdemeanor. Law enforcement officers on duty and members of the military while in active service are exempt from this section.
Sec. 50-86. – Use of blow-guns, slingshots or similar devices.
It shall be unlawful for any person to discharge gravel, marble, shot or anything out of a blow gun, slingshot or other device or implement of like kind or character
Sec. 50-87. – Carrying concealed dangerous weapons.
It shall be unlawful for any person to carry about his person a bowie knife or other knife or any other knife of like kind or description, razor, pistol or any firearm of any other kind or description, air gun, slingshot, brass knuckles or other deadly or dangerous weapon, except where the weapon is carried openly in the hand or upon the person and in such manner as not to endanger the public.
(Code 1968, § 12-12)
Enterprise,
Sec. 14-25. – Weapons—Carrying concealed or in dangerous manner.
It shall be unlawful for any person to carry about his person a bowie knife, or any other knife of like kind or description, razor, pistol or other firearm of any other kind or description, air gun, slingshot, brass knuckles, or other deadly or dangerous weapon, except where the same is carried openly in the hand or upon the person, and in such manner as not to endanger the public
Sec. 14-26. – Same—Discharging slingshots, etc.
It shall be unlawful for any person to discharge gravel, marble, shot or anything out of a gravel shooter, blow gun, rubber sling, or other device or implement of like kind or character.
(Code 1978, § 14-55)
Fairhope,
Sec. 14-6. – Weapons—Carrying concealed.
It shall be unlawful for any person in the city to carry concealed about the person a bowie knife, a knife fitted with a mechanical device for automatic release of the blade or locking of the blade in an open position, any knife of whatever nature containing a blade more than three (3) inches long, or any other knife or instrument of like kind or description, or any air gun, slingshot, brass knuckles, straight edge razor, or any other deadly or dangerous weapon.
(Code 1962, § 14-20)
State law reference— Similar provisions, Code of Ala. 1975, § 13A-11-50 et seq.
Sec. 14-7. – Same—Discharging.
It shall be unlawful for any person to discharge any gun, pistol, slingshot or firearm of any kind within the corporate limits of the city without a special permit from the mayor for each occasion; except it be for the protection of person or property.
Foley,
(No Documented/listed air gun laws/ordinances) hunting permits req.
Gadsden,
(No Documented/listed air gun laws/ordinances) hunting permits req.
Gulf Shores,
(No Documented/listed air gun laws/ordinances) hunting permits req.
Guntersville,
(No Documented/listed air gun laws/ordinances) hunting permits req.
Hartselle,
Sec. 62-2. – Discharging, shooting weapons.
(a)It shall be unlawful for any person to shoot or discharge any firearm, air gun, air rifle, BB gun, instrument that fires a projectile by explosive means, bow and arrow or crossbow.
(b)The provisions of subsection (a) of this section do not apply to:
(1)Police officers engaged in the performance of their duties as such.
(2)Members of the Armed Forces of the United States or National Guard, while engaged in the performance of their duties as such.
(3)Persons exercising the legal right of self-defense or defense of others.
Homewood,
Sec. 14-4. – Discharging weapons.
It shall be unlawful to discharge, fire or shoot, or cause to be discharged, fired or shot, any firearm, air gun, air rifle, cross-bow or slingshot, which fires, or shoots any cartridge or shot-shell, ball, pellet or missile, or solid substance, within the city, except in a regularly licensed and established shooting range or shooting gallery; provided, however, that nothing contained in this section shall be construed to prohibit any officer of the law from discharging a weapon in the performance of such officer’s duty, nor to prohibit any citizen from discharging a weapon when lawfully defending such person’s person or property.
(Code 1970, § 16-26; Ord. No. 1374, § 1, 10-22-79)
Hoover,
Sec. 11-18. – Using firearm; throwing missile.
(a)It shall be unlawful for any person to shoot any firearm or air gun or to throw any stone or missile, at, into or against any dwelling, schoolhouse, public building or other building within the city.
(b)It shall be unlawful for any person to discharge within the city or the police jurisdiction thereof any firearm or air rifle, except in the reasonable defense of his person or property.
(c)This section shall not apply to peace officers or members of the armed forces of the state or the United States who discharge firearms in the performance of their duties as such officers.
(Ord. No. 23, § 2, 2-3-69)
Huntsville,
Sec. 17-73. – Discharging air rifles, air guns, air pistols, BB guns, paintball guns.
State law reference— Firearms and weapons, Code of Ala. 1975, § 13A-11-50 et seq.; preemption of handgun ordinances, Code of Ala. 1975, § 11-45-1.1.
(a)It shall be unlawful for any person to shoot or discharge an air rifle, air gun, air pistol or BB gun within the city except as provided in subsection (b) of this section.
(b)The chief of police may upon application permit an individual or organization to discharge BB guns within an indoor facility approved for such use by the chief of police subject to the provisions of the city’s zoning ordinance and the following provisions:
(1)Each application for a permit shall be submitted to the chief of police at least 14 calendar days in advance of any requested shooting event date.
(2)Permits, if approved, shall be issued on an event basis only.
(3)In reviewing applications for BB gun permits, the chief of police shall take into consideration the:
a. Suitability of the indoor facility for such use;
b. Safety procedures to be implemented by the individual or organization responsible for such use;
c. The proximity of the indoor facility to inhabited dwellings, businesses, streets or highways; and
d. Likelihood that persons will be endangered by such use.
The chief of police is authorized to deny or revoke any permit if in his opinion use of the facility as proposed by the individual or organization presents a danger to persons or damage to property.
(c)Notwithstanding anything contained in this section 17-73 to the contrary, it shall be lawful to shoot or discharge a paintball gun within the city limits at a site which has been granted a special exception by the board of zoning adjustment of the city, in accordance with the city’s zoning ordinance.
(Code 1982, § 18-50; Ord. No. 97-171, § 18-50, 3-13-1997; Ord. No. 05-310, § 1, 5-12-2005)
Irondale,
Sec. 10-2. – Toy projectile weapons.
(a)No person, by means of any air rifle, air gun, BB gun, gas operated gun or spring operated gun, paint ball gun, slingshot, gravel shooter, blowgun, rubber sling, or implement or device of like character, shall project or cause to be projected any projectile, pellet, shot, paint ball, gravel, marble or other missile in, over, or along any of the streets, alleys or parks of the city, or in its police jurisdiction, or in, along, over or across the premises of another, located in the city or its police jurisdiction, without first having obtained the consent of such person.
(b)The provisions of subsection (a) shall not apply to licensed shooting galleries or on private grounds, residences or premises under circumstances when such implement or device can be fired, discharged or operated in such a manner as not to endanger persons or property and in such a manner as to prevent the projectile from traversing any grounds or space outside the limits of such gallery, grounds, residence or premises.
(c)When juveniles are deemed to be in violation of this section by the officer on the scene, the gun, implement or device shall be confiscated and released only to the parent or legal guardian of the juvenile. Upon the second offense of a juvenile, the parent or legal guardian shall be summoned to municipal court for judicial counseling.
Jacksonville,
Sec. 16-8. – Firearms, air rifles, etc.; discharge.
It shall be unlawful to set off, fire or discharge, or cause to be set off, fired or discharged, any pistol, gun, cannon, firearm, air rifle or any device or instrument of like character within the city.
(Code 1975, § 20-46; Ord. of 12-15-1944, § 1)
Sec. 16-9. – Air rifles prohibited.
It shall be unlawful for any person to sell, offer for sale, or to use any air rifle in the city.
Jasper,
Sec. 14-330. – Discharge of weapon while off of one’s premises.
It shall be unlawful for any person to discharge air rifle or BB gun or any firearm of any nature or description while said person off of his own premises within the corporate limits of the city or within the police jurisdiction thereof.
(Ord. of 7-15-58, § 1; Ord. of 9-20-66, § 1)
Cross reference— Creation of noise by discharge of firearms, § 13-6(13).
Sec. 14-331. – Discharge of weapon across lands of another or public road.
It shall be unlawful for any person to discharge within the corporate limits of the city or the police jurisdiction thereof an air rifle or BB gun or firearm of any nature or description across the lands of another or across a public street, road, alley or other public way.
(Code 1948, Ch. XXI, § 91; Ord. of 7-15-58, § 2)
Sec. 14-332. – Furnishing weapon to minor.
It shall be unlawful for any person to sell, give or lend to any minor any pistol or bowie knife, or knife of like kind or description, or brass knuckles, or other article of like kind
Lanett,
Sec. 18-3. – Discharging air guns.
(a)
It shall be unlawful for any person to fire an air gun or rifle of any character or description within the corporate limits of the city, except officers or others who have legal authority to do so.
(b)
It shall be unlawful for the parent or guardian of any minor to knowingly permit or allow such minor to fire an air gun or rifle of any character within the corporate limits of the city.
(Code 1966, § 18-28)
Madison,
(No recorded air gun restrictions), Hunting by permit only
Mobile,
Sec. 62-1. – Discharging firearms, air-guns, etc.
It shall be unlawful for any person within the city or within the police jurisdiction thereof to discharge any firearm or instrument of like character or description, except in military parades or reviews or in defense of self, home or family, or to discharge any air gun, spring gun or any implement which impels with force a metal pellet of any kind.
Sec. 39-14. – Bow and arrow regulations.
(a)
Prohibition. No person shall shoot or discharge in or upon any street, alley, public grounds or parks within the City of Mobile, any bow, spring gun or other similar device which is calculated or intended to propel or project an arrow or other projectile, nor in or upon any private grounds or building where the projectile propelled or discharged by the use of such bow or similar device endangers the life, limb or property of another, or will traverse any part of any street, alley, public grounds or parks; provided, however, that nothing in this section shall prevent the shooting with or discharging of bows or implements used in the practice of archery or implements for propelling arrows in or upon such properly supervised public areas as may set aside and designated for that purpose by proper authority having jurisdiction and control over such public areas, or in or upon properly supervised private archery ranges constructed and maintained in such a manner as not to endanger life, limb or property, or to any shooting galleries using air rifles, when shooting galleries are constructed and maintained so as not to endanger life, limb or property.
(b)
Confiscation. Any person violating the provisions of this section may have the bow and arrow confiscated by the police department of the City of Mobile regardless of whether or not a penalty or fine is imposed.
(c)
Penalty. Any person found guilty of violating this section shall be punished as prescribed in chapter 1, article II, City Code (1991).
(Ord. No. 39-054, §§ 1—3, 8-17-93; Ord. No. 39-060, §§ 1—3, 9-7-93)
Montevallo,
Sec. 16-27. – Unlawful discharge of firearm.
It shall be unlawful to discharge any firearm, or compressed air- or gas-powered guns, spring powered guns, or like devices, within the city limits, except in the course of execution of the law, or at a military parade or funeral by order of a proper officer, or at a duly licensed shooting gallery or target range, or by or at the direction of an owner of a farm as defined in article III of appendix A to this Code, or an owner of five acres or more of land designated for agricultural use on his, her, or its own land. Nothing herein shall alter or repeal any state or federal law regarding firearms or like devices.
(Code 1982, § 4-32; Ord. of 1947; Ord. No. 01A, 1-8-2001)
Secs. 16-28—16-57. – Reserved.
FOOTNOTE(S):
(15) State Law reference— Fireworks generally, Code of Ala. 1975, § 8-17-210 et seq.; offenses relating to firearms and weapons, Code of Ala. 1975, § 13A-11-50 et seq.
Montgomery,
Sec. 18-111. – Carrying concealed weapons.
(a)
On person. It shall be unlawful for any person in the city to carry concealed about his person a Bowie knife, a knife fitted with a mechanical device for automatic release of the blade or locking of the blade in an open position, any knife of whatsoever nature containing a blade more than three inches long or any other knife or instrument of like kind or description, or any air gun, slingshot, brass knuckles, straight-edge razor or any other deadly or dangerous weapon. Evidence that the defendant in any prosecution under this subsection had good reason to apprehend an attack may be admitted in mitigation of the punishment or in justification of the offense.
(b)
In vehicles. It shall be unlawful for any owner, driver or occupant of a vehicle in the city to have or carry concealed any Bowie knife, or knife or instrument of like kind or description, or pistol or firearm of any kind or description, or air gun, sword cane, brass knuckles, billy-club or club concealed in or about such vehicle while on any street in the city. The having or carrying of any such weapon or instrument in any vehicle on any such street shall be prima facie evidence of the fact that such weapon or instrument was had or carried concealed.
(Code 1980, §§ 47-2, 47-3)
State law reference— Carrying concealed weapons, Code of Ala. 1975, § 13A-11-50.
Sec. 18-112. – Discharging firearms.
It shall be unlawful for any person to fire or discharge, or cause to be fired or discharged, any pistol, gun, cannon or anything of like kind or character in the city, without having obtained permission of the chief of police, who shall designate the place where such firing may be done.
(Code 1980, § 47-6)
Sec. 18-113. – Discharging missiles.
It shall be unlawful for any person in the city to discharge gravel, marbles, shot, bullets or anything of like nature out of any slingshot, gravel shooter, blow gun, air gun, air pistol, toy pistol or gun discharged with a spring or other implement or device of like kind.
(Code 1980, § 47-7)
State law reference— Using firearms while fighting in public place, Code of Ala. 1975, § 13A-11-56.
Sec. 18-114. – Possession of weapons while on school property, in transit, at school functions.
(a)
It shall be unlawful for any person to have in his possession a firearm or non-firing replica, black powder firearm, gas-operated gun, air gun, zip gun, blank gun or starter’s pistol, flare gun, knife, straight razor, razor blade, box cutter, exacto knife, carpet knife, or paint scraper with retractable razor blade, or any other item that utilizes a razor blade or other replaceable blade, brass knuckles, slingshot, club, bow and arrow or crossbow, numchucks (nunchaku), throwing stars, fighting claw, or any other weapon utilized in the martial arts, explosive devices of any type, including fireworks, mace, tear gas or stun gun, fingernail clippers or other item that contains a knife blade or fingernail file that has been sharpened in such a way as to cut or puncture, bicycle or other heavy duty chain fashioned as a weapon, bull whip, bike sprocket fashioned as a weapon (brass knuckles), ice pick, sword or sword cane, spear, hatchet or hand ax, baton, impact baton, blackjack or nightstick, spring billy, or any device capable of discharging a projectile of any kind, or any other object not specifically listed which is primarily meant and adapted for attack and the infliction of injury, while on school property within the city, or while being transported to or from school or a school related activity on transportation provided by or endorsed by the city public school system unless such weapon is authorized by a school official for use in a classroom or course.
(b)
For purposes of this section, the term “possession” shall be defined to include any of the items enumerated in subsection (a) of this section being located on the person, in a locker, briefcase, purse, satchel, book bag, gym bag, other like item of personal property, or a vehicle on school property that is in the custody and control of the person being charged with the offense.
(c)
It shall further be unlawful to possess on school property any item not listed in this section that has been specifically banned by the county school board as being illegal to possess on school property. Failure by the county school board to list a banned item shall not abrogate the right of the city to make such item illegal.
(d)
Any person violating this section shall, upon conviction, be fined not less than $50.00 nor more than $500.00 and may also be imprisoned in the city jail for not more than six months.
(e)
This section shall not apply to school security personnel, police officers, marshals, sheriffs, and their regularly employed deputies or other law enforcement officers that enter school property in the line of duty.
(Code 1980, § 29-62; Ord. No. 27-87, 4-21-1987; Ord. No. 7-92, §§ 1—5, 3-17-1992)
State law reference— Limitations on penalties, Code of Ala. 1975, § 11-45-9.
Secs. 18-115—18-150. – Reserved.
Mountain Brook,
Sec. 34-5. – Firearms, air guns, pellet guns, etc., shooting in city.
It shall be unlawful for any person to fire any gun or other firearm, or any air gun, air rifle, pellet gun or B-B gun within the city limits, except in self-defense.
Muscle Shoals,
(a)
It shall be unlawful for any person to carry concealed about his person a bowie knife, or other knife or instrument of like kind or description, a razor, pistol, firearm of any description, any air gun, slingshot, brass knuckles, or other dangerous or deadly weapons. This section shall not, however, affect any person who has a valid permit to carry a pistol issued in accordance with the Code of Ala., § 13-6-155.
(b)
It shall be unlawful for any person to sell, give, lend or otherwise place in the possession of any minor, any pistol, firearm, or other weapon which may be concealed upon the person, and it shall be unlawful for any minor to have in his possession or use any such firearm or weapon in the city.
(c)
It shall be unlawful for any person to fire, discharge or shoot any gun, pistol or other firearm within the limits of the city, except in self-defense or in execution of the law.
(d)
No person shall shoot a Flobert rifle, air gun or slingshot, nor discharge gravel, marbles, shot, or anything of like kind, out of a gravel shooter, blow gun, rubber sling, or implement or device of like character, in any of the parks, streets, alleys, or avenues of the city, or along, over or across the premises of another without having obtained his consent.
(Code 1979, § 24-37; Ord. No. 1179-97, § I, 3-17-97)
Northport,
ARTICLE VIII. – FIREARMS, AIR-GUNS AND LINEAR PROJECTILE DEVICES
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air rifle means and includes air guns, air pistols, pellet guns, pellet pistols or any implement or device capable of propelling any slug, shot, pellet, or missile by means of compressed air, compressed gas, or by means of a spring or spring like device.
Firearm means and includes rifles, shotguns, pistols or any implement or device capable of propelling any slug, shot, pellet, or missile by discharge of gunpowder.
Linear projectile devices means and includes crossbows and arrows, bows and arrows, spears and spear guns, or any other similar implement or device that is capable of being propelled or propelling any arrow, spear, or similar linear object by spring, tension string, compressed air or gas, or similar means.
(Code 1990, § 9-141; Ord. No. 1073, § 9-141, 2-21-94)
Cross reference— Definitions generally, § 1-3.
Sec. 54-222. – Prohibited activities.
(a)
It shall be unlawful for my person to use or discharge an air rifle, firearm, or linear projectile device within the corporate limits of the city.
(b)
It shall be unlawful for any person to use or discharge an air rifle, firearm, or linear projectile device for the purposes of dove hunting within 600 feet of the corporate limits of the city.
(c)
It shall be unlawful for any person to permit his minor child, or any minor child under such person’s control and supervision, to use or to discharge any air rifle, firearm, or linear projectile device within the corporate limits of the city or within 600 feet of the corporate limits of the city for the purposes of dove hunting.
(d)
The provision of this section shall not apply to the discharge of an air gun, firearm, or linear projectile device in the following instances, except for subsection (c) (6) of this section, which shall only apply to linear projectile devices:
(1)
In self-defense;
(2)
In the execution and enforcement of the law;
(3)
At a military parade at the order of a proper officer;
(4)
With the express permission of the chief of police;
(5)
As to linear projectile devices only, in the city limits and within 300 feet outside the city limits, for the purposes of practicing or competition; provided, however, that the owner or lessee of the property hosting the practicing or competition must be present and no linear projectile device is discharged onto the property of another. The individual hosting such a practicing or competition, the owner and/or lessee of the property, as the case may be, shall be liable under this article for any violations occurring on his property.
(6)
Nothing in this article shall be construed to reduce any restrictions on such devices imposed on any state or federal laws, rules, or regulations.
(Code 1990, § 9-142; Ord. No. 1073, § 9-142, 4-21-94; Ord. No. 1152, § 9-142, 10-16-95; Ord. No. 1305, § 1, 10-19-98)
Sec. 54-223. – Duty of police officers.
It shall be the duty of any police officer upon observing a violation of this article, or in the investigation of a violation of this article, wherein a sworn complaint has been made, to take any such air rifle, firearm or linear projectile device in custody and deliver the same to the chief of police to be held by him as evidence, and such air rifle, firearm or linear projectile device shall not be released from the custody of the police until the investigation is completed, and if the air rifle, firearm or linear projectile device was taken from the possession of a minor child, it shall not be released to any person, other than the parent, guardian or other adult person having charge or custody of such minor child.
(Code 1990, § 9-143; Ord. No. 1073, § 9-143, 2-21-94)
Sec. 54-224. – Penalty for violation of article.
The penalty for violation of any provision of this article shall be as prescribed in section 1-6.
(Code 1990, § 9-144; Ord. No. 1073, § 9-144, 2-21-94)
Secs. 54-225—54-250. – Reserved.
Sec. 58-34. – Recreational activities.
(7)
Use, carry or possess firearms of any description, or air rifles, spring guns, bows and arrows, slings or other forms of weapons, unless expressly permitted by the director to hunt, trap or pursue wildlife at any time in the park area. It shall be unlawful for any person to shoot into the park areas from areas beyond the boundaries thereof.
Opelika,
Sec. 19-486. – Carrying concealed weapons.
(a)
Except as otherwise provided in this Code, a person who carries concealed about his person a bowie knife or knife or instrument of like kind or description or a pistol or firearm of any other kind or an air gun shall, on conviction, be guilty of a misdemeanor.
(b)
The defendant being tried under the provisions of subsection (a) may give evidence that at the time of carrying the weapon concealed, he had good reason to apprehend an attack, which the judge may consider in mitigation of the punishment or in justification of the offense.
(Code 1964, § 17-5)
State law reference— Similar provisions, Code of Ala., §§ 13A-11-50, 13A-11-51.
Opp,
Sec. 10-14. – Weapons.
(a)
It shall be unlawful for any person to have in his/her possession a firearm or non-firing replica, black powder, firearm, gas operated gun, air gun, zip gun, blank gun or starter’s pistol, flare gun, knife, straight razor, razor blade, box cutter, exacto knife, carpet knife, or paint scraper with retractable razor blade, or any other item that utilizes a razor blade or other replaceable blade, brass knuckles, slingshot, club, bow and arrow, or crossbow, numchucks (nunchaku), throwing stars, fighting claw, or any other weapon utilized in the martial arts, explosive devices of any type, including fireworks, mace, tear gas or stun gun, fingernail clippers or other item that contains a knife blade or fingernail file that has been sharpened in such a way as to cut or puncture, bicycle or other heavy duty chain fashion as a weapon, bull whip, bike sprockets fashioned as a weapon (brass knuckles) ice pick, sword or sword cane, spear, hatchet or hand ax, police baton, impact baton, blackjack or night stick, spring billy, or any device capable of discharging a projectile of any kind, or any other object not specifically listed which is primarily meant and adapted for attack and the infliction of injury, while on school property within the police jurisdiction of the city, or while being transported to or from school or a school related activity on transportation by or endorsed by the city school system unless said weapon is authorized by a school official for use in a classroom or course.
(b)
For purposes of this section, possession shall be defined to include any of the above named items being located on the person, in a locker, briefcase, desk, purse, satchel, book bag, gym bag, other like item of personal property, or a vehicle on school property that is in the custody and control of the person being charged with the offense.
(c)
It shall further be unlawful to possess on school property any item not listed herein that has been specifically banned by the city school board as being illegal to possess on school property. Failure by the city school board to list a banned item shall not abrogate the right of the city to make such item illegal.
(d)
Any person eighteen (18) years of age or above violating this section shall, on conviction, be fined not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00) and may also be imprisoned in the city jail for not more than six (6) months. any person less than eighteen (18) years of age that violates this section will be adjudicated in the Covington County District (Juvenile) Court.
(e)
This section shall not apply to school security personnel, police officers, marshals, sheriffs, and their regularly employed deputies or other law enforcement officers that enter school property in the line of duty.
Orange Beach,
(No documented ordinances for Air-guns) Hunting permits req.
Ozark,
(No documented ordinances for Air-guns) Hunting permits req.
Pelham,
Sec. 11-2. – Discharge of firearms (including air guns), bows and arrows, etc.
Sec. 11-2. – Discharge of firearms (including air-guns), bows and arrows, etc.
(a)
Definitions. As used in this section, the following terms shall have the respective meanings ascribed to them:
(1)
Authorized personnel: Any person specifically designated and approved by the chief of police.
(2)
Firearm: A weapon from which a shot or projectile is discharged by gunpowder, compressed air, or spring power. The term “firearm” shall include, but not be limited to, pistols, rifles, shotguns, pellet guns, and BB guns.
(3)
Police firing range: The official police department firearms firing range as well as such other areas within the corporate city limits as may be designated by the chief of police for police firearms training.
(4)
Reserve police officers and reserve sheriff’s deputies: Regular members of a state, county, or municipal law enforcement reserve or law enforcement auxiliary program, which is designed to augment and assist the regular law enforcement agency in its routine provision of law enforcement services. This definition excludes persons holding courtesy or honorary commissions as police officers or sheriff’s deputies.
(5)
Commercial paintball recreation park: A specific area of commercial property used for the purpose of playing the sport of paintball. Only air powered (CO2) guns strictly designed for use in the sport and widely used and accepted by the majority of participants in said sport are permitted. No shot or projectile other than “paintballs” of a design and type which are universally used and accepted in the sport of paintball shall be permitted. A commercial paintball recreation park’s location must be approved in advance by resolution of the city council or otherwise the same will not be allowed.
(b)
Prohibited activities. Except as otherwise provided in this section, it shall be unlawful for any person to shoot or discharge within the city limits any firearm, pistol, rifle, shotgun, air gun, air rifle, BB gun, blow gun, crossbow, bow and arrow, slingshot, gravel shooter, rubber sling or other like instrument of any nature.
(c)
Exceptions. The prohibited activities set out in subsection (b) hereof shall not apply to the following:
(1)
To any show, display, turkey shoot or other similar event, which such event complies with the rules and regulations established by the chief of police and for which event a permit shall have been duly issued by the chief of police;
(2)
To duly authorized law enforcement officers, to include reserve police officers and reserve sheriff’s deputies, acting in the line and scope of their duties as such or engaged in training or practice at designated firing ranges;
(3)
To any person who discharges a firearm in self-defense;
(4)
To members of the Armed Forces of the United States or of the national guard, national guard reserves or state guard organizations, who discharge a firearm in the performance of their duties as such officers;
(5)
To any duly authorized and approved indoor pistol ranges established and approved under the following conditions:
a.
An “indoor pistol range” shall be defined as an indoor firing range where pistols are fired at targets. Nothing in this section shall be construed to permit the firing of rifles and shotguns upon such ranges;
b.
All indoor pistol ranges shall be subsurface ranges with the target impact area at least five feet below the surface of the ground;
c.
An employee of the owner/operator must be physically present during any firing on the indoor pistol range, and such employee of the owner/operator must have:
1.
A National Rifle Association of America certificate of appointment as a police firearms instructor, which has been conferred by a college or university having an accredited law enforcement academy; or
2.
A current police instructor’s certificate from any college or university having an accredited law enforcement academy;
d.
All indoor pistol ranges must be in a building approved by the building inspector and must meet all requirements and building code regulations for indoor pistol ranges, as provided for elsewhere by this Code, and must meet all requirements of the laws of the state and the city;
e.
The only pistols which may be fired within an indoor pistol range shall be .22 caliber, .25 caliber, .32 caliber, .380 caliber, .38 caliber, .38 caliber special, .44 caliber, .45 caliber, .357 magnum, 9mm caliber, and 10mm caliber;
f.
No person under the age of 19 years shall fire or be physically present on an indoor pistol range;
g.
During the cleaning operations of an indoor pistol range, as provided for elsewhere by this Code, the person or persons so employed shall wear a respirator provided for use in lead contaminated areas, and additional coverall clothing shall also be worn by such person or persons. No eating, drinking or smoking shall be allowed during such cleaning operations;
h.
All persons in all range offices on the firing line must use ear muffs, ear plugs or both during all firing on an indoor pistol range;
i.
All indoor pistol ranges shall have at least two containers available, one of which shall be conspicuously marked “trash” and the other shall be conspicuously marked “spent cartridges”;
j.
The empty cartridge receptacle shall be covered after each firing session; and
k.
All indoor pistol ranges shall be equipped with coat racks.
(6)
To an area strictly defined and approved as a commercial paintball recreation park, so long as no firearms or other weapons are used or permitted thereon except those specifically permitted and under the limiting circumstances defined in subsection (a)(5) above.
(Ord. No. 144, §§ 1—3, 3-3-86; Ord. No. 188, § 1, 10-16-89; Ord. No. 144-1, §§ 1, 2, 4-19-93)
State law reference— Offenses relating to weapons, Code of Ala. 1975, § 13A-11-50 et seq.
Pell City,
Sec. 13-24. – Same—Discharging air rifles, etc.
It shall be unlawful for any person to shoot any air rifle or gun or to shoot any sling shot, sling, flip or any other similar device within the city.
(Code 1938, p. 24)
Pleasant Grove,
Sec. 58-6. Shooting certain devices.
(a) No person shall project or cause to be projected any gravel, shot or other missile in, over or along any of the parks, streets or alleys of the city, or in, along, over or across the premises of another.
(b) No person shall shoot in the city limits or the police jurisdiction of the city any firearm, flobert rifle, air gun, slingshot, gravel shooter, blow gun, rubber sling or implement or device of like character.
(Code 1975, § 16-9)
State law references: Weapons generally, Code of Ala. 1975, § 13A-11-50 et seq.
Prattville,
(Code 1971, § 12-18; Code 1992, § 14-4; Ord. of 9-7-1993(3); Ord. No. 98-026, 10-6-1998)
Sec. 50-28. – Discharging pellet or other guns.
(a)
It shall be unlawful for any person to discharge or cause to be discharged any pellet gun. This subsection shall not apply to those types of pellet guns commonly called BB guns, which before firing can only be cocked or pumped one time.
(b)
It shall be unlawful for any person to discharge any paintball gun or rifle or weapons that use carbon dioxide as a propellant.
(Code 1971, § 12-29; Code 1992, § 14-5)
Robertsdale,
(No documented ordinances for air guns) Hunting permit req.
Russellville, S
ec. 46-5. – Discharge of firearms, air rifles.
It shall be unlawful for any person to shoot or discharge any firearm or air rifle in, over or along any of the parks, street or alleys of the city, or in, along, over or across the premises of another, within the limits of the city, except in defense of self, home or family and except in duly constituted and supervised military training by any branch of the armed forces of the United States or by the city, the county or the state.
Sec. 46-6. – Permitting child to discharge firearm or air rifle.
It shall be unlawful for any person to permit his minor child or ward, or any child in his custody, to shoot or discharge any firearm or air rifle within the limits of the city.
Saraland,
Sec. 15-3. – Discharge of firearms, pellet guns or air rifles.
(a)
It shall be unlawful to discharge any firearms, pellet guns, or air rifles in the corporate limits of the city.
(b)
The provisions of subsection (a) shall not:
(1)
Prohibit persons from exercising their lawful rights to defend or protect themselves or others, or to defend or protect property;
(2)
Apply to law enforcement officers, members of the armed forces of the United States or members of the National Guard while discharging their official duties.
(Ord. No. 33, § 1, 11-20-58; Ord. No. 102, § 1, 3-28-63)
Selma,
Sec. 17-219. – Carrying—Pistol, blackjack, etc., loaded weapon, in vehicle.
It shall be unlawful for any person to carry or transport in any vehicle on the streets of the city any pistol without a valid license therefor; or any blackjack, brass knuckles, bowie knife, dirk, razor, or weapon of like kind; or any loaded shotgun, loaded rifle or loaded air gun.
(Code 1956, § 473)
Sec. 17-220. – Same—Loaded weapon on premises not his own.
It shall be unlawful for any person to carry a pistol, loaded shotgun, loaded rifle or loaded air gun about his person on premises not his own or under his control.
(Code 1956, § 477)
Sec. 17-221. – Same—Pistol concealed without a license.
It shall be unlawful for any person, within the city, to carry a pistol concealed on or about his person, except at his place of abode or fixed place of business, without a license therefor, as provided by the laws of the state.
(Code 1954, § 474)
Sec. 17-222. – Same—Concealed generally; evidence in mitigation or justification.
It shall be unlawful for any person to carry concealed about his person a bowie knife or knife or instrument of like kind or description, or a pistol or firearm of any other kind or an air gun. The defendant being tried under the provisions of this section may give evidence that at the time of carrying the weapon concealed, he had good reason to apprehend an attack, which the court may consider in mitigation of the punishment or justification of the offense.
(Code 1956, § 475)
Sec. 17-223. – Same—Razor, etc., concealed.
It shall be unlawful for any person to carry concealed about his person any blackjack, razor, ice pick or instrument of like kind or description, or brass knuckles, slung shot or other weapon of like kind or description.
(Code 1956, § 476)
Sec. 17-224. – Discharging in city.
It shall be unlawful for any person to discharge any gun, including air gun, or firearm of any kind within the corporate limits of the city, without a permit from the chief of police.
(Code 1954, § 478)
Sec. 17-225. – Shooting or throwing missiles—Into house, church, school, etc.
Any person in the city who shoots a pistol or other firearm or slingshot, or who throws a stone or other missile at, into, in, through or against a dwelling house, school house, church, building, factory, storehouse, courthouse or house or building used for manufacturing purposes, or any house or building used for the assembling of people for business or pleasure, shall be guilty of an offense against the city.
(Code 1954, § 449)
Sec. 17-226. – Same—Into train or vehicle.
It shall be unlawful for any person to wantonly or maliciously shoot, throw or cast any missile of any kind at or into any locomotive motive or car of any railroad, or at or into any vehicle of any kind when the same is in actual use, or when there is any human being therein.
(Code 1954, § 448)
Sec. 17-227. – Hunting in city and on city owned property.
It shall be unlawful for any person to hunt game of any kind in the city and on city owned lands.
(Code 1954, § 453)
Sec. 17-228. – Careless or reckless handling of firearms.
It shall be unlawful for any person to point any gun or any kind of firearm at another, whether said gun or firearm is loaded or not, or whether it is pointed in jest or not, or to handle any gun or any kind of firearm carelessly or recklessly in the presence of any other person, whether said firearm is loaded or not, and whether it is so handled in jest or not.
(Code 1954, § 479)
Sec. 17-229. – Selling, giving or lending to minor.
It shall be unlawful for any person to sell, give or lend to any minor any air gun, firearm or Bowie knife or other knife of like kind or description.
(Code 1954, § 485)
Cross reference— Possession of firearms by minors, § 17-239 et seq.
Sheffield,
(No documented ordinances for air guns) Hunting permit req.
Sylacauga,
Sec. 15-31. – Concealed weapons.
It shall be unlawful for any person to carry concealed on or about the person a bowie knife or knife or instrument of like description or kind, a pistol or firearm of any description, an air gun, brass knuckles, slingshot, sword cane, cane with firearms attached to and concealed thereby, or any other deadly or dangerous weapon in the city.
(Code 1971, § 16-21)
State law reference— Similar provisions, Code of Ala. 1975, § 13A-11-50.
Sec. 15-33. – Discharge of air guns, parlor rifles, toy pistols, etc.
It shall be unlawful for any person to use, shoot, or discharge within the city any toy pistol, air gun, parlor rifle, or similar weapon or thing that shoots a ball or pellet.
(Code 1971, § 16-23)
Troy, Sec. 14-4. – Discharge of firearms and air rifles.
It shall be unlawful to fire or discharge, or cause to be fired or discharged, any pistol, gun, cannon, firearm, air rifle or any device or instrument of like character within the city; provided, however, this prohibition shall not apply to persons lawfully defending life or property on their own property, nor to lawfully designate law enforcement officers in the discharge of their duties as such, nor to persons lawfully using a firing range under supervision of those in charge, which range exists under authority of law.
Trussville, Sec. 58-56. – Discharge of firearms, air-guns, similar devices.
No person shall discharge, shoot or fire any gun, firearm, air rifle, air pistol or similar device propelling or discharging pellets, shot, darts or any other projectile except in self-defense or by special permit from the city council, or unless exempted as otherwise provided in this article or by law.
Tuscaloosa, Sec. 17-95. – Air guns—Use.
(a)
It shall be unlawful for any person to shoot or discharge an air rifle within the limits of the city or for any person to permit such person’s minor child to shoot or discharge any air rifle within the limits of the city.
(b)
For the purpose of this section, the term “air rifle” shall also mean and include air gun, air pistol, pellet gun, pellet pistol or any implement or device capable of propelling any shot, slug, pellet or missile by means of compressed air, compressed gas or by means of any spring or like device.
(c)
Provided, however, the provisions of this section shall not apply to the discharge of an “air rifle” as herein defined by an employee of the city or the Tuscaloosa County Health Department or State Health Department in the execution of their duties or to a gun safety class or demonstration meeting all requirements and conditions of a permit issued by the chief of police or his designee for the gun safety class or demonstration.
(Code 1962, § 34-1; Ord. No. 4048, 12-22-94; Ord. No. 7739, 9-20-11)
Sec. 17-96. – Same—Confiscation.
It shall be the duty of any police officer, on observing the violation of section 17-95, or in the investigation of a violation of such section wherein a sworn complaint has been made, to take any such air rifle into custody, deliver the same to the chief of police as evidence, and such air rifle shall not be released until the investigation is completed; and, in the event the air rifle was taken from the possession of a minor child, it shall not be released to any person other than the parent, guardian or other adult person having charge or custody of such minor child.
(Code 1962, § 34-2)
Tuscumbia,
Sec. 11-7. – Concealed weapons.
It shall be unlawful for any person to carry concealed about the person a bowie knife, hawksbill knife, any knife with a blade three (3) inches or more in length, or any other knife of like kind or description, or a pistol or firearm of any other kind or description, or air gun, sling shot, brass or metal knuckles, or any other kind of deadly or dangerous weapon.
(Ord. of 5-16-67, § 1)
State law reference— Similar provisions, Code of Ala. 1975, § 13A-11-50.
Sec. 12-37. – Recreational activities.
It shall be unlawful for any person in a park:
(8)
Hunting and firearms: To use, carry or possess firearms of any description or air rifles, spring guns, bows and arrows, slings, or other forms of weapons, unless expressly permitted by the director, or to hunt, trap, or pursue wildlife at any time in the park area. It shall be unlawful for any person to shoot into the park areas from areas beyond the boundaries thereof.
Union Springs,
(No documented ordinances for air guns known), Hunting permit req.
Valley,
(No documented ordinances for air guns known), Hunting permit req.
Vestavia Hills,
Sec. 12-1. – Wald Park.
(a)
Park rules and regulations.
7)
Absolutely no weapons of any kind are allowed. This includes, but is not limited to, firearms, paintball guns, BB guns, air guns, spring guns, slingshots, bows, or any weapon in which the propelling force is gunpowder, a spring, or air; fireworks; or explosives; except that law enforcement officers may possess their weapons when on duty and official starters at authorized track and field events, may use starter guns with blanks.
(8)
Smoking is restricted per city ordinances.
(9)
Use, solicitation, possession, or distribution of any controlled substance is strictly prohibited.
(10)
Pets should be kept on a leash and under control at all times. Any solid excretion matter from said pet must be picked up from any surface area.
(11)
Parking is restricted to designated areas.
(12)
Violators will be asked to leave the premises, and are subject to further action penalties as described in subsection (b)
(b)
Fines and punishment. It shall be unlawful to violate any of the terms and provisions of this section. Any person, firm or corporation violating any of the said terms and provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not less than twenty-five dollars ($25.00) or more than the maximum penalty allowed by the state for a misdemeanor violation for each such “offense”. Each day any violation of this ordinance shall continue shall constitute a separate offense.
(Ord. No. 533, § 1, 6-2-80; Ord. No. 2176, §§ 2, 3, 2-5-07)
Sec. 12-2. – Liberty Park Sports Complex.
(a)Park rules and regulations.
(1)Liberty Park Sports Complex shall open at daybreak and close at 9:30 p.m. except for events scheduled through the office of parks and recreation. Unauthorized individuals in the park after closing can be subject to penalties described in subsection (b).
(2)Maintenance crews have first priority on any space within the park.
(3)Access to some areas of the park may be limited due to scheduled events; therefore if any field has been prepared for a scheduled event it shall be off limits to public access.
(4)There may be times when fields are closed for maintenance.
(5)No bicycles, go-carts, scooters, motorcycles, four-wheelers, three-wheelers, skateboards, or any other type of vehicle is allowed off of the designated parking area at any time except for service vehicles.
(6)Golf, archery, alcoholic beverages, glass containers, camping, open fires, dumping, fireworks and noisemakers are prohibited.
(7)Absolutely no weapons of any kind are allowed. This includes, but is not limited to, firearms, paintball guns, BB guns, air guns, spring guns, slingshots, bows, or any weapon in which the propelling force is gunpowder, a spring, or air; fireworks; or explosives; except that law enforcement officers may possess their weapons when on duty and official starters at authorized track and field events, may use starter guns with blanks.
(8)Smoking is restricted per city ordinances.
(9)Use, solicitation, possession, or distribution of any controlled substance is strictly prohibited.
(10)Pets should be kept on a leash and under control at all times. Any solid excretion matter from said pet must be picked up from any surface area.
(11)Parking is restricted to designated areas.
(12)Violators will be asked to leave the premises, and are subject to further action penalties as described in subsection (b).
(b)Fines and punishment. It shall be unlawful to violate any of the terms and provisions of this section. Any person, firm or corporation violating any of the said terms and provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not less than twenty-five dollars ($25.00) or more than the maximum penalty allowed by the state for a misdemeanor violation for each such “offense”. Each day any violation of this section shall continue shall constitute a separate offense.
(Ord. No. 1907, 2-19-02; Ord. No. 2177, §§ 2, 3, 2-5-07)
Sec. 12-3. – Little Shades Creek Park.
(a)Park rules and regulations.
(1)Little Shades Creek Park shall open at 6:00 a.m. and shall close at sunset, except for events scheduled through the office of parks and recreation. Unauthorized individuals in the park after closing can be subject to penalties described in subsection (b).
(2)The pavilions are available on a first-come basis.
(3)Groups of twenty-five (25) or more individuals must register with the office of park and recreation a minimum of seventy-two (72) hours prior to meeting or event. Such registration shall be made during normal business hours.
(4)Absolutely no weapons of any kind are allowed. This includes, but is not limited to, firearms, paintball guns, BB guns, air guns, spring guns, slingshots, bows, or any weapon in which the propelling force is gunpowder, a spring, or air; fireworks; or explosives; except that law enforcement officers may possess their weapons when on duty and official starters at authorized track and field events, may use starter guns with blanks.
(5)Use, solicitation, possession, or distribution of any controlled substance is strictly prohibited.
(6)Possession and/or consumption of alcoholic beverages of any type are strictly prohibited.
(7)Smoking is restricted per city ordinances.
(8)
No bicycles, go-carts, scooters, motorcycles, four-wheelers, three-wheelers, or any other type of vehicle is allowed off of the designated parking area at any time.
(9)Pets should be kept on a leash and under control at all times, and any solid excretion matter from said pet must be picked up from any surface area.
(10)Absolutely no hitting of golf balls at any time on any field.
(11)Parking is restricted to designated areas.
(12)Violators will be asked to leave the premises, and are subject to further action penalties as described in subsection (b).
(b)Fines and punishment. It shall be unlawful to violate any of the terms and provisions of this section. Any person, firm or corporation violating any of the said terms and provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not less than twenty-five dollars ($25.00) or more than the maximum penalty allowed by the state of Alabama for a misdemeanor violation for each such “offense”. Each day any violation of this ordinance shall continue shall constitute a separate offense.
(Ord. No. 2126, 10-3-05; Ord. No. 2178, §§ 2, 3, 2-5-07)
Vestavia Hills Athletic Complex Cahaba Heights,
(a)
[Designation] The fields, press boxes, etc., located adjacent to the Vestavia Hills Elementary Cahaba Heights in the city shall be known and designated as the “Vestavia Hills Athletic Complex Cahaba Heights”. Each reference to such athletic complex in an ordinance, map, resolution, document, record or other paper of the City of Vestavia Hills shall be deemed to be a reference to the “Vestavia Hills Athletic Complex Cahaba Heights.”
(b) Park rules and regulations.
(1)Vestavia Hills Athletic Complex Cahaba Heights shall open at 6:30 a.m. and close at sunset except for events scheduled through the office of parks and recreation. Unauthorized individuals in the park after closing can be subject to penalties described in subsection (c).
(2)Maintenance crews have first priority on any space within the park.
(3)Access to some areas of the park may be limited due to scheduled events; therefore if any field has been prepared for a scheduled event it shall be off limits to public access.
(4)There may be times when fields are closed for maintenance.
(5)No bicycles, go-carts, scooters, motorcycles, four-wheelers, three-wheelers, skateboards, or any other type of vehicle is allowed off of the designated parking area at any time except for service vehicles.
(6)Golf, archery, alcoholic beverages, glass containers, camping, open fires, dumping, fireworks and noisemakers are prohibited.
(7)Absolutely no weapons of any kind are allowed. This includes, but is not limited to, firearms, paintball guns, BB guns, air guns, spring guns, slingshots, bows, or any weapon in which the propelling force is gunpowder, a spring, or air; fireworks; or explosives; except that law enforcement officers may possess their weapons when on duty and official starters at authorized track and field events, may use starter guns with blanks.
(8)Smoking is restricted per city ordinance.
(9)Use, solicitation, possession, or distribution of any controlled substance is strictly prohibited.
(10)Pets should be kept on a leash and under control at all times. Any solid excretion matter from said pet must be picked up from any surface area.
(11)Parking is restricted to designated areas.
(12)Violators will be asked to leave the premises, and are subject to further action and penalties as described in subsection (c).
(c)Fines and punishment. It shall be unlawful to violate any of the terms and provisions of this section. Any person, firm or corporation violating any of the said terms and provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not less than twenty-five dollars ($25.00) or more than the maximum penalty allowed by the state for a misdemeanor violation for each such “offense”. Each day any violation of this ordinance shall continue shall constitute a separate offense.
(Ord. No. 2179, §§ 1, 2, 2-5-07; Ord. No. 2182, § 1, 2-5-07)
Byrd Park,
(a)
Park rules and regulations.
(1)
Absolutely no weapons of any kind are allowed. This includes, but is not limited to, firearms, paintball guns, BB guns, air guns, spring guns, slingshots, bows, or any weapon in which the propelling force is gunpowder, a spring, or air; fireworks; or explosives; except that law enforcement officers may possess their weapons when on duty and official starters at authorized track and field events, may use starter guns with blanks.
(2)
Use, solicitation, possession, or distribution of any controlled substance is strictly prohibited.
(3)
Possession and/or consumption of alcoholic beverages of any type are strictly prohibited.
(4)
Smoking is restricted per city ordinances.
(5)
No bicycles, go-carts, scooters, skateboards, motorcycles, four-wheelers, three-wheelers, or any other type of vehicle is allowed off of the designated parking area at any time.
(6)
Pets should be kept on a leash and under control at all times, and any solid excretion matter from said pet must be picked up from any surface area.
(7)
Absolutely no hitting of golf balls at any time on any field.
(8)
Parking is restricted to designated areas.
(9)
Violators will be asked to leave the premises, and are subject to further action and penalties as described in subsection (b).
(b)
Fines and punishment. It shall be unlawful to violate any of the terms and provisions of this section. Any person, firm or corporation violating any of the said terms and provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not less than twenty-five dollars ($25.00) or more than the maximum penalty allowed by the state for a misdemeanor violation for each such “offense”. Each day any violation of this ordinance shall continue shall constitute a separate offense.
(Ord. No. 2180, §§ 1, 2, 2-5-07)
Shallowford Park,
(a)
Park rules and regulations.
(1)
Absolutely no weapons of any kind are allowed. This includes, but is not limited to, firearms, paintball guns, BB guns, air guns, spring guns, slingshots, bows, or any weapon in which the propelling force is gunpowder, a spring, or air; fireworks; or explosives; except that law enforcement officers may possess their weapons when on duty and official starters at authorized track and field events, may use starter guns with blanks.
(2)
Use, solicitation, possession, or distribution of any controlled substance is strictly prohibited.
(3)
Possession and/or consumption of alcoholic beverages of any type are strictly prohibited.
(4)
Smoking is restricted per city ordinances.
(5)
No bicycles, go-carts, scooters, skateboards, motorcycles, four-wheelers, three-wheelers, or any other type of vehicle is allowed off of the designated parking area at any time.
(6)
Pets should be kept on a leash and under control at all times, and any solid excretion matter from said pet must be picked up from any surface area.
(7)
Absolutely no hitting of golf balls at any time on any field.
(8)
Parking is restricted to designated areas.
(9)
Violators will be asked to leave the premises, and are subject to further action and penalties as described in subsection (b).
(b)
Fines and punishment. It shall be unlawful to violate any of the terms and provisions of this section. Any person, firm or corporation violating any of the said terms and provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not less than twenty-five dollars ($25.00) or more than the maximum penalty allowed by the state for a misdemeanor violation for each such “offense”. Each day any violation of this ordinance shall continue shall constitute a separate offense.
(Ord. No. 2181, §§ 1, 2, 2-5-07)
Secs. 12-7—12-15. – Reserved.
Sec. 11-9. – Discharging firearm or air rifle.
It shall be unlawful for any person to discharge within the city or the police jurisdiction thereof any firearm or air rifle, except in the reasonable defense of his person or property; provided, however, that this section shall not apply to peace officers or members of the armed forces of the state or the United States who discharge firearms in the performance of their duties as such officers.
Weaver,
Sec. 24-58. – Selling sling shots, etc., to minors.
It shall be unlawful for any person to sell, give away or otherwise dispose of within the town limits, to minors, any gravel shooter or slingshot, blow gun, bow or other device or implement of like kind, or any toy pistol, air gun, parlor rifle or any similar weapon or thing which discharges a ball or projectile.
(Ord. No. 15A, § 10, 9-14-1950)
Wetumpka,
(Ord. No. 91-3, §§ 1—5, 6-3-1991)
Sec. 58-2. – Discharging weapons prohibited.
(a)
Subject to the exceptions listed in paragraphs three and four below, it shall be unlawful for any person to fire, discharge, or shoot any firearm, air rifle, air gun, paintball gun, slingshot, or bow and arrow, or to discharge any gravel, marble, bullet, pellet, shot, or anything of like, kind, out of a gravel shooter, blowgun, rubber sling, or implement, or device of like character within the city or within its police jurisdiction.
(b)
Subject to the exceptions listed in subsections (c) and (d) below, it shall be unlawful for any parent or guardian to permit his or her underage child or ward, as the case may be, to fire, discharge, or shoot any firearm, air rifle, air gun, paintball gun, slingshot, or bow and arrow or to discharge any gravel, marble, bullet, pellet, or shot, or anything of like kind out of a gravel shooter, blowgun, rubber sling, or implement or device of like character within the city or its police jurisdiction.
(c)
Notwithstanding subsections (a) and (b) above, a person may hunt within the city limits by method of bow and arrow only provided that the person has obtained a special permit allowing them to do so from the chief of police, or his designee, and further provided that said person is hunting in compliance with all rules and regulations of the State of Alabama and the Department of Conservation.
(d)
Notwithstanding subsections (a) and (b) above, a person may hunt by gun or target practice within the police jurisdiction of the City of Wetumpka provided that they have obtained a special permit allowing them to do so from the chief of police, or his designee, and further provided that he complies with all rules and regulations of the State of Alabama and the Department of Conversation and Natural Resources.
Alaska-
Note:
Alaska has no law restricting non-powder guns.
Anchorage,
10.45.035 – Shooting galleries.
A.
License required. No person may engage in the business of operating a shooting gallery without first obtaining a shooting gallery license from the municipal clerk. A shooting gallery license is only required if the shooting gallery activities are conducted as part of a circus, carnival, fair or other temporary amusement concession.
B.
Definition. As used in this section, the term “shooting gallery” means a place where games or contests of marksmanship are conducted using rifles, pistols, shotguns, pellet guns, BB guns or similar devices which project or propel bullets, cartridges, shot, pellets, BB’s or similar projectiles toward fixed or moving objects.
C.
Application for license; qualifications of applicant. The applicant for a shooting gallery license must be at least 18 years of age. The application shall contain a detailed statement of:
1.
The live ammunition and firearms used; and
2.
The safeguards employed for containing discharged ammunition within the area.
Cordova,
9.36.020 – Discharge prohibited.
It is unlawful for any person to discharge any firearm including air pistols, air rifles, pellet guns, dart guns and paint-ball guns within the city limits. This section does not apply to:
A.
A person who is an authorized officer of the United States, the state of Alaska or the city of Cordova who is authorized to use firearms in the enforcement of any law or ordinance and who is actually engaged in such enforcement;
B.
A person who is protecting life and/or property;
C.
A person who is safely target practicing within the confines of a building; or
D.
Any group of people who are engaged in a gun safety educational program or organized gun use sport.
(Ord. 893, 2003).
Fairbanks,
Sec. 46-291. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dangerous weapon means a firearm, an air gun or BB gun, a knife other than an ordinary pocketknife having a blade not more than 3½ inches in length, a dagger, slingshot, crossbow, metal knuckles, blackjack, billy or any other instrument by the use of which physical injury may readily be inflicted upon any person, but does not include any instrument or tool which is not commonly used as or considered to be a weapon and which in the circumstances under which it is possessed or used is clearly not intended to be used, or to be available for use, as a weapon.
Firearm means a weapon, including a pistol, revolver, rifle, shotgun or air gun, whether loaded or unloaded, operable or inoperable, designed for discharging a shot or projectile capable of causing death or physical injury.
Switchblade knife means any knife having a blade which opens automatically:
(1)
By hand pressure applied to a button or other device in the handle of the knife; or
(2)
By operation of inertia, gravity or both.
(Code 1960, § 6.501)
Cross reference— Definitions generally, § 1-2.
Sec. 46-292. – Reserved.
Editor’s note—
Ord. No. 5876, § 2, effective March 10, 2012, repealed § 46-292, which pertained to failing to maintain firearm transaction record and derived from § 6.506 of the 1960 Code.
Sec. 46-293. – Unlawful discharge of a firearm.
A person other than a peace officer while on duty commits the offense of unlawful discharge of a firearm if he intentionally discharges any firearm except in defense of person or property or on or in a regularly established shooting gallery or rifle range.
(Code 1960, § 6.507)
Sec. 46-294. – Reserved.
Editor’s note—
Ord. No. 5876, § 2, effective March 10, 2012, repealed § 46-292, which pertained to possession of a dangerous weapon on school grounds and derived from § 6.508 of the 1960 Code.
Secs. 46-295—46-325. – Reserved.
FOOTNOTE(S):
(72) State Law reference— Weapons offenses, AS 11.61.190 et seq.
Juneau, (No documented Air gun laws/ordinances) Hunting by permit.
Kenai Peninsula Borough, (No documented air gun ordinances) Hunting by permit.
North Slope Borough, (No documented air gun ordinances) Hunting by permit.
Petersburg, 10.20.021 – Discharge of other weapons.
B.
For purposes of this section, “other weapon” shall be defined as any weapon, other than a firearm, including bow and arrow, crossbow, spear, throwing knife, high powered sling shot, blow gun, high powered pellet gun, etc., capable of being launched, or of launching, a projectile, and likely to cause death or serious physical injury to any person struck by the weapon or projectile.
(Ord. 848 § 3 (part), 2002)
Seward, 10.10.030. – Discharge of weapons.
(c)
The use of air rifles, BB guns and long bows is allowed by persons over the age of 16, or younger when supervised by an adult.
(Ord. 378, 1971; Ord. 93-27)
Soldotna, 12.28.010 – Definitions.
G. (Ord. No. 2011-007, § 1, 3-9-2011)
12.28.020 – Park property—Unlawful acts.
“Weapon” includes pistol, rifle, shotgun, revolver, mechanical gas and air operated gun, bow and arrow, slingshot and crossbows.
Arizona-
Note:
Arizona has no law restricting non-powder guns, no State laws specifically.
Avondale, (No documented air gun ordinances) Hunting by permit.
Bullhead City, (No documented air gun ordinances) Hunting by permit.
Chandler, 11-6. – Display or discharge of weapons other than firearms.
A. It shall be unlawful within the City limits for any person to display any air gun; gas operated gun, spring gun or any toy or weapon that is a replica or close in appearance to a firearm in such a manner that a reasonable person would feel threatened by such display.
B. It shall be unlawful within the City limits to discharge any air gun, “B-B” gun, gas-operated gun or spring gun or any instrument, toy or weapon commonly known as a “peashooter,” “slingshot” or “beany” or any other instrument, including but not limited to bows and arrows, made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name.
C. The prohibitions of this section shall not apply on private grounds or premises when, under the circumstances, such instrument can be fired, discharged or operated in such a manner as not to endanger or be likely to endanger any persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the perimeter limits of such grounds or premises. There shall be a further exception when public or private grounds or premises are utilized for the purpose of an organized meet or shooting match involving the use of such weapons and when such meet or shooting match has been authorized by the owner or controller of such premises and written permission for same obtained from the Chief of Police.
Cottonwood, (No documented air gun ordinances) Hunting y permit.
Eagar,
Chapter 9.24 – WEAPONS
Sections:
9.24.010 – Prohibitions.
A. Discharge of Weapons Prohibited.
1. It is unlawful for any person within the limits of the town to fire or discharge any BB gun, air-gun, pellet gun, dart gun, slingshot, blowgun, gas-operated gun bow and arrow, crossbow, or other similar gun or instrument in a reckless manner.
2. Exceptions. The prohibitions in this subsection shall not apply to the use of any such gun or instrument by:
a. A law enforcement officer or other duly authorized public official or employee in the performance of any official duty;
b. Any person to whom a license, permit or authority is issued by the police chief for the use of such gun or instrument for a valid and proper purpose.
B. Possession and Sale of Weapons to Minors. A person who sells or gives to a minor without consent of the minor’s parent or legal guardian a dirk, dagger, throwing star, butterfly knife, any martial arts weapon, sword cane, spear, metal knuckles or any knife, other than a pocket knife, or any gun or instrument as described in Section 9.24.010(A)(1) is guilty of a misdemeanor.
C. Upon the conviction of any person for the violation of any part of this section, the town magistrate may order the forfeiture of the gun or instrument involved in the offense.
(Ord. 01-2 § 1, 2001: Ord. 88-7 (part), 1988; amended during 1987 codification; prior code § 9-1-54)
Gilbert,
(No Documented air gun ordinances) Hunting by permit.
Glendale,
Sec. 26-57. – Possession of firearms by
minors; exceptions.
(a) For the purposes of this section:
(1) “Firearm” means any loaded or unloaded pistol, revolver, rifle, shotgun or other weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or expanding gases, except that it does not include an air rifle, air pistol, BB gun, or a firearm in permanently inoperable condition.
(2) “Minor” means a person who is under the age of eighteen (18) years.
(b) It shall be unlawful for a minor within the City of Glendale who is not accompanied by a parent, grandparent or guardian, or certified hunter safety instructor or certified firearms safety instructor acting with the consent of the minor’s parent, grandparent or guardian, to knowingly possess or carry on the minor’s person, within the minor’s immediate control or in or on a means of transportation any firearm in any place that is open to the public or on any street or highway or on any private property except private property that is owned or leased by the minor or the minor’s parent, grandparent or guardian. However, this section shall not apply to a minor fourteen (14) years of age or older who is engaged in any of the following activities:
(1) Lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.
(2) Lawful transportation of an unloaded firearm for the purpose of lawful hunting.
(3) Lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for the purpose of shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.
(4) Any activity that is related to the production of crops, livestock, poultry, livestock products, poultry products or ratites or storage of agricultural commodities.
(c) Any firearm possessed by a minor in violation of this section shall be subject to forfeiture in the same manner as authorized by Arizona Revised Statutes, title 13, chapter 39.
(Ord. No. 1730, § 1, 7-28-92; Ord. No. 1834, § 2, 2-28-95; Ord. No. 2155, § 1, 7-25-00)
Sec. 26-58. – Discharging weapons.
(a) No person shall, within the limits of the city, fire or discharge any air gun, BB gun, pellet gun, dart gun, gas operated gun, spring gun or other similar gun or instrument.
(b) The prohibition of subsection (a) shall not apply to the use of any such gun or instrument by:
(1) A law enforcement officer or other duly authorized public official or employee in the performance of any official duty;
(2) Licensed shooting galleries;
(3) Any person to whom a license, permit or authorization is issued by the chief of police for the use of such gun or instrument for a valid and proper purpose and for use in a manner not likely to harm any person, animal or property; or
(4) Any person when used only for the necessary protection of property, habitation, or person in a manner authorized by the laws of the state or under or within rights guaranteed by the constitution of the state or the United States.
(c) Every person convicted of a violation of this section shall forfeit to the city such gun or instrument so fired or discharged.
(Ord. No. 206 (N.S.), § 1; Ord. No. 1834, § 2, 2-28-95)
State law reference— Weapons, A.R.S. § 13-3101 et seq.
Nogales,
(No documented air gun ordinances) Hunting by permit.
Pima County,
(No documented air gun ordinances) Hunting by permit.
Safford,
9.16.010 – Weapons.
A. Discharge of Firearms Prohibited. It is unlawful for any person within the limits of the city to fire or discharge any firearm, BB gun, air gun, pellet gun, dart gun, slingshot, gas-operated gun or other similar gun or instrument.
B. Exceptions. The prohibitions of subsection A of this section shall not apply to the use of any such gun or instrument by:
1. A law enforcement officer or other duly authorized public official or employee in the performance of any official duty;
3. Any person to whom a license, permit or authority is issued by the chief of police of the city for the use of such gun or instrument for a valid and proper purpose and for use in a manner not likely to harm any person, animal or property;
4. Any person when used only for the necessary protection of property, habitation or person in a manner authorized by the laws of the state under or within rights guaranteed by the Constitution of the state or the United States of America.
D. Concealed Weapons—Definition—Punishment—Arrest—Exceptions.
1. “Weapon” as used in this section means anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have. The term “weapon” includes a firearm which is not loaded or lacks a clip or other component to render it immediately operable, and components which can readily be assembled into a weapon. A weapon is not a concealed weapon as used in this section if:
a. It is carried in a belt holster, which holster is wholly or partially visible, or is carried in a scabbard or case designed for carrying weapons which scabbard or case is wholly or partially visible;
c. It is located in a closed trunk, luggage, or glove compartment of a motor vehicle.
5. It is unlawful for any person, except a peace officer in actual service and discharge of his or her duty, to conceal on or about his or her person a weapon.
E. Reckless Handling of Weapon Prohibited. It is unlawful for any person to recklessly or carelessly handle a weapon.
F. Carrying of Weapon at Public Event. Any person other than a peace officer on duty carrying a weapon, upon entering any public place or attending a public event, may be required by the operator of the establishment or the sponsor of the event to remove his or her weapon and place it in the custody of the operator of the establishment or the sponsor of the event.
F. Sale of Weapons to Minors. It is unlawful for any person to sell or give to a minor under the age of eighteen (18) years, without written consent of the minor’s parent or legal guardian, a weapon, ammunition or toy pistol by which dangerous and explosive substances may be discharged.
G. Every person convicted of a violation of this section shall forfeit to the city such gun or instrument so fired or discharged.
G. Prohibiting Minors from Carrying or Possessing Firearms, Providing Exceptions, Seizure and Forfeiture, and Penalties.
Scottsdale,
Sec. 19-7. – Discharge of weapons.
(a) No person shall, within the city limits, fire or discharge any firearm, including but not limited to an air gun, BB gun, pellet gun, dart gun, gas operated gun or other similar gun or instrument. This section does not apply to the use of any such gun or instrument by:
(2) A law enforcement officer or other duly authorized public official or employee in the performance of any official duty.
(3) Licensed shooting galleries.
(4) Any person to whom a license, permit or authority is issued by the chief of police for the use of such gun or instrument for a valid and proper purpose and for use in a manner not likely to harm any person, animal or property.
(4) Any person when used only for the necessary protection of property, habitation, or person in a manner authorized by the laws of the state or under or within rights guaranteed by the Constitution of the state or of the United States.
(b) Every person convicted of a violation of this section is guilty of a misdemeanor and shall forfeit to the chief of police the gun or instrument so fired or discharged.
ARTICLE III. – GENERAL PARK RULES
Sec. 20-31. – General rules for use.
(c) All persons using city parks shall comply with all federal, state, county and city laws, rules and regulations.
(d) All persons using city parks shall also comply with the following:
(21) No person shall participate in archery or willfully, negligently or recklessly discharge, use or propel any object or projectile capable of causing serious physical injury, including but not limited to an air gun, BB gun, pellet gun, dart gun, crossbow, slingshot, blowgun, javelin or spear. “Serious physical injury” includes physical injury which creates a reasonable risk of death, or which causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb. This subsection shall not apply to special public events or classes held pursuant to a city permit issued for such activities.
Surprise,
Sec. 34-73. – Restrictions on discharge, concealment and handling.
It is unlawful for any person within the limits of the city to fire or discharge:
(b) Any firearm, BB gun, air gun, pellet gun, dart gun, slingshot, gas-operated gun, cross bow, blow gun, or other similar gun or instrument; or
(c) Any arrow from a bow unless:
(2) The discharge occurs on private property, with the consent of the owner, from a location no less than 125 feet from any property line, by an individual or under the supervision of an individual who is 18 years of age or older; or
(3) The discharge is done by a government agent in furtherance of his or her official duties; or
(4) The discharge is done pursuant to Title 13, Chapter 4, Arizona Revised Statute[s]; or
(5) The discharge occurs on non-residential property as part of a properly supervised range. Properly supervised range means any non-residential location operated by or immediately supervised by a governmental agency, public or private school, or an adult who is a member of a company, group, or affiliated with a recognized archery shooting organization.
(Code 2007, § 9.32.010; Ord. No. 08-43, § 1, 10-9-08; Ord. No. 08-54, § 1, 12-11-08)
Sec. 38-27. – Fireworks; fires; glass; weapons; violations.
(a) Within a park and recreation area it shall be unlawful for any person to:
(7) Bring any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow, or other weapon in which the propelling force is gunpowder, a spring or air.
Arkansas-
Arkansas State laws:
Effective January 1, 2010, Arkansas has banned “imitation firearms” or toy guns. The statute, Act 1495, defines an “imitation firearm” as a toy that is identical in appearance to an original firearm that was manufactured, designed, and produced after 1898, including only:
(1) Air-soft guns firing nonmetallic projectiles;
(2) Replica non-guns; and
(3) Water guns
“Imitation firearm” does not include:
(1) A non-firing, collector replica of an antique firearm developed before 1898;
(2) Traditional BB, paintball, or pellet-firing air guns that expel a projectile through the force of air pressure; or
(3) A device:
(A) For which an orange solid plug or marking is permanently affixed to the muzzle end of the barrel for a depth of not more than six millimeters (6 mm);
(B) For which the entire exterior surface is predominately colored other than black, brown, blue, silver, or metallic; or
(C) That is constructed of transparent or translucent materials that permit unmistakable observation of the complete contents of the device.
Benton County,
(No documented ordinances for air guns) Hunting by permit.
Cabot,
(No documented ordinances for air guns) Hunting by permit.
Dardanelle,
Sec. 16-2. – Discharge of weapons and hunting.
The term “firearm” also includes air rifles or pistols, pellet rifles or pistols, or any other device which discharges a projectile by compressed gas if the device is capable of expelling the projectile in excess of 450 feet per second.
(b) General prohibition.
It shall be unlawful to unsafely discharge or threaten to discharge any firearm, or to unsafely discharge any bow and arrow, crossbow, or any other device that expels or releases any projectile, within the corporate city limits.
(2) It is prima facie evidence that the discharge is unsafe if the device expels a projectile by the action of an explosive or gas generated by a chemical reaction; or if the device propels an arrow, bolt, or other projectile which has a metal, ceramic, or other tip capable of inflicting death or serious injury on another person.
Eureka Springs, –
CHAPTER 7.24
FIREWORKS, Guns
Sections:
7.24.01 Firing
7.24.01 Firing It shall be unlawful for any person to fire or discharge any firearm, pellet
gun or BB gun or air rifle or any toy cannon or set off any squibs, firecrackers, or other thing
containing powder or other combustible or explosive material or to employ or in any way utilize
theatrical pyrotechnics within the corporate limits of the city. (Ord. No. 1913, Sec. 1, 4-28-03)
Forrest City, Sec. 5-5. – Molesting wildlife prohibited; discharge of firearms, air rifles, etc., prohibited in wildlife refuges.
No person shall hunt, trap, shoot at, kill or otherwise molest any wildlife of any kind within any wildlife refuge designated in section 5-4, or within the corporate limits of the city.
It shall be unlawful for any person to discharge any pistol, air pistol, shotgun, BB gun, air rifle, pellet gun or other rifle, or any firearms whatever, within the wildlife refuges designated in section 5-4.
Any person violating any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than ten dollars ($10.00), nor more than one hundred dollars ($100.00), and each act shall constitute a separate offense.
(Ord. No. 841, §§ 1—3, 1-6-59)
Cross reference— General prohibition against discharge of firearms, air rifles, etc., § 15-4.
Sec. 15-4. – Firearms, air rifles, etc., discharge prohibited.
It shall be unlawful for any person to discharge any pistol, air pistol, shotgun, BB gun, air rifles, pellet gun or other rifle, or any firearm of any kind, within the city. Any person violating this section shall, upon conviction, be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00).
Fort Smith,
Sec. 14-28. – Air rifles, bean shooters, etc.; use prohibited; penalty.
The use of bean shooters, air rifles, and all similar implements and contrivances made or used for the purpose of hurling, throwing or shooting objects within the limits of the city, is hereby prohibited except as permitted in section 14-27. Any person found using such implements shall be deemed guilty of a misdemeanor and upon conviction shall be punished as set forth in section 1-9 of this Code.
(Code 1976, § 19-20; Ord. No. 62-07, 9-4-07)
Sec. 14-30. – Indoor shooting galleries; permit required.
(a) Any operator of an indoor shooting gallery (as defined in section 14-27) established for the discharge of firearms, archery, air rifles, air pistols, or paintball guns shall first apply to and obtain a “shooting gallery operator’s permit” from the chief of police. It shall be unlawful for any person to establish, keep, conduct or operate any shooting gallery without a permit.
(b) Application for a permit shall be made in writing to the chief of police and shall be signed and verified under oath by the applicant. The application shall set forth:
(1) The location where the indoor shooting gallery will be operated;
(2) The hours of operation for the indoor shooting gallery;
(3) The types of implements, e.g., firearms, archery, air rifles, air pistols, or paintball guns to be permitted at the location;
(3) The full name, age, and address of the applicant and of any persons, other than the applicant, who are to be in charge of and responsible for managing and/or operating the indoor shooting gallery or who are to be employed in connection with such operation;
(4) The name and address of the person owning the property where the indoor shooting gallery will be operated;
(5) A statement that neither the applicant nor any agent or employee connected with the shooting gallery has been convicted of any crime of violence;
(6) The term for which the applicant desires a permit, i.e., whether for one (1) day, a month or year, provided that in no case shall the permit be valid for more than one (1) year.
(c) Prior to issuing or renewing a shooting gallery operator’s permit, the chief of police shall:
(1) Cause an inspection of the premises for the purpose of ascertaining whether such premises have the necessary systems in place to permit the discharge of firearms, archery, air rifles, air pistols, or paintball guns without endangering the safety of the public; and
(2) Cause a background investigation to be performed on the person or persons managing and/or operating the indoor shooting gallery, to include a criminal history check to be conducted at the expense of the person or persons requesting the indoor shooting gallery permit.
(d) If, at any time, the chief of police has reasonable cause to believe the indoor shooting gallery is being operated in an unsafe or reckless manner, or otherwise in noncompliance with the requirements of this article or of the issued permit, he may immediately suspend the shooting gallery operator’s permit.
(e) As soon as possible, but no more than five (5) days after the suspension, the chief of police shall cause a letter to be issued to the permittee, detailing the reasons for the suspension and the steps that must be taken to have the permit reinstated.
(f) No permit shall be transferable.
(g) Nothing contained in this article shall be construed to lessen or abrogate any requirements prescribed by any other ordinance or statute.
(Ord. No. 21-10, 5-4-10)
Sec. 14-31. – Indoor shooting galleries; supervision required.
(a) No person shall operate or maintain an indoor shooting gallery where firearms are discharged except under the personal and direct supervision of a qualified firearms instructor who is at least twenty-one (21) years of age.
(b) No person shall operate or maintain an indoor shooting gallery where archery, air rifles, air pistols, or paintball guns are operated except under the personal and direct supervision of a person at least 18 years of age.
Sec. 14-27. – Discharging firearms.
(a) It shall be unlawful to discharge any firearm in the city limits, except as provided in subsections (b), (c) and (d).
(c) The chief of police may issue a special permit to the state game and fish commission for the purpose of conducting an Arkansas Youth Shooting Sports Program (AYSSP) in a specific zone and restricted area or for an event sponsored by the state game and fish commission at the Janet Huckabee River Valley Nature Center. These events may include shooting of shotgun, archery or air rifle only. The permit issued shall contain the following:
(1) Name of the event;
(2) Limitation on the hours of the day during which the shooting may take place; and
(3) Specific expiration date.
(c) The chief of police shall have authority to issue permits for the discharge of firearms, archery equipment, air rifles, air pistols, or paintball guns in an indoor shooting gallery (“shooting gallery” means and includes any place or premises where facilities or devices for target shooting for practice or amusement with any firearm, archery equipment, air rifle, air pistol or paintball gun are provided for the use of any person for a fee, pay or compensation of any kind to be paid, directly or indirectly, by such person) as provided in section 14-30
This section shall not apply to active law enforcement officers or active military in the execution of their official duties.
(Code 1976, § 19-21; Ord. No. 62-07, 9-4-07; Ord. No. 21-10, 5-4-10)
Garland County, (No documented air gun restrictions/ordinances) Hunting by permit.
HOLIDAY ISLAND SUBURBAN IMPROVEMENT DISTRICT, (No documented air gun restrictions/ordinances) Hunting by permit.
JONESBORO,
ARTICLE III. – OFFENSES INVOLVING PUBLIC SAFETY
Sec. 46-48. – Discharging firearms.
Secs. 46-49—46-69. – Reserved.
Sec. 46-48. – Discharging firearms.
The discharging or firing of any weapon, air rifle, pellet gun or firearms of any description within the city is prohibited with the following exceptions:
(1) When discharged or fired by a duly constituted law enforcement officer and when necessary in the performance of his duty.
(3) The discharge of any firearm on any public or private rifle or pistol range, or shooting gallery approved for use in writing by the city and the chief of police, and in accordance with the Model Code for Gallery Shooting Ranges, which is hereby adopted by reference.
(4) When discharged for functional tests only by a qualified gun repair person and only when such safety equipment used is approved by the chief of police.
(Code 2006, § 7.16.01; Ord. No. 2196, § 1)
Little Rock,
Sec. 18-101. – Penalty.
Any person convicted of a violation of any of the provisions of this article shall be punished as provided in section 1-9.
Sec. 18-102. – Discharge of firearms, air guns, etc.
The discharging or firing of any weapon, bow instrument where the pull of the bow is forty (40) pounds or more, compound bow, crossbow, re-curved bow, long bow, air rifle, pellet gun, or firearm of any description within the city is prohibited with the following exceptions:
(1) When discharged or fired by a duly certified law enforcement officer when necessary in the performance of his duty.
(2) The chief of police may issue a permit to a licensed and qualified pest exterminator with the state authorizing the use of either an air rifle, air gun, or pellet gun for the purpose of eradicating pests causing injury or damage to property, or the existence of which creates a health hazard within this city. Such permit will restrict the use of such weapon to a designated area, for a limited period of time and to a specific person, and shall identify specifically the weapon to be used.
(3) The discharge of any weapon by a certified law enforcement or regulatory officer of any local, state or federal agency if the discharge is necessary to the performance of the officer’s duty.
(4) The discharge of any bow instrument where the pull of the bow is forty (40) pounds or more, compound bow, crossbow, re-curved bow, long bow, or firearm on any public or private archery, rifle or pistol range, or shooting gallery, approved for use in writing by the chief of police.
(5) The discharge of any bow instrument where the pull of the bow is forty (40) pounds or more, compound bow, crossbow, re-curved bow, long bow, at a stationery target on the person’s property, or upon property for which the person has the owner’s permission to practice, if the stationery target is set up in such a way that it poses no significant risk of harm to any person or property.
For purposes of this section, a weapon is defined as: (a) A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious physical injury; or (b) Anything that in the manner of its use or intended use is capable of causing death or serious physical injury.
(Code 1961, § 25-119; Ord. No. 17,884, § 1, 12-1-98)
LOWELL,
(No documented air gun ordinances) Hunting by permit.
MAUMELLE,
ARTICLE II. – WEAPONS
Sec. 42-31. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Weapon means any instrument capable of propelling a projectile and causing personal injury, including but not limited to guns of any type, pistols, air rifles, pellet guns, crossbows, bows and arrows, slingshots and similar instruments.
(Ord. No. 29, § 2, 4-7-1986)
Cross reference— Definitions generally, § 1-2.
Sec. 42-33. – Discharge prohibited.
Pursuant to the authority of its police powers for the health, safety and welfare, the city prohibits the discharge of weapons within the city. Except as authorized by law, or as excepted in section 42-34, it shall be unlawful for any person to discharge any weapon within the city.
North Little Rock,
Sec. 66-157. – Discharging air guns.
It shall be unlawful for any person to discharge an air gun of any kind within the city, or for parents or guardians of minor children to permit such. In case of willful destruction of property with an air gun, the air gun may be confiscated by the police.
(Code 1980, § 21-26)
PARAGOULD,
Sec. 24-5. – Discharge of firearms within the city limits.
(a) Definitions. The following words and phrases shall, for the purpose of this section, have the following meanings:
Firearm means shotguns, rifles, pistols, revolvers, air guns (including BB guns and pellet guns).
Owner means every person owning or keeping a firearm or real property.
(b) Discharging firearms. The discharging of a firearm within the city limits is prohibited with the following exceptions unless specifically permitted herein:
(1) When discharged or fired by a duly constituted law enforcement officer and when necessary in the performance of his duty.
(2) When necessary to control the roosting of blackbirds within the corporate limits of the city, residents may be given special permission by the chief of police to discharge a shotgun to scare away or disrupt the roosting of blackbirds within a given area. Shotgun shells of a “field load” Number 8 or 9 shot only shall be authorized for this purpose. Residents may obtain permission by telephone. Residents shall provide their name, address, telephone number, the location of the blackbird problem, and the time and duration of the eradication tactics shall begin and end. This provision does not address nor does it pertain to the discharge of “propane cannons” or pistols which fire specially marketed projectiles for the disruption of blackbirds as provided by the state game and fish commissioner or any other state or federal agency.
(3) Citizens may target practice upon their own property, or property of another person, providing that permission is authorized by the owner of such property, with the following guidelines:
a. Caution shall be taken to ensure that the impact of any projectile fired will not cause personal injury or damage to public or private property.
b. Participants must erect adequate impact barriers to stop all projectiles from exiting the target practice area.
c. Subject to other provisions of this section BB guns and pellet guns may be used only for target practice within the corporate limits of the city. BB guns and pellet guns may be used by children only under adult supervision.
(4) Firearms may be discharged within the city limits during state or federal hunting seasons. Hunters shall adhere to all state and federal hunting regulations, laws and guidelines. When hunting, rifles (rims or center fire) shall not be discharged within 1,500 feet of any dwelling place, business, or other location where people congregate, when such dwelling, business, or persons may be struck by a projectile.
(c) Safety. The city encourages each citizen who owns, possesses or uses a firearm within the city limits to attend a state sponsored “hunter’s education course.”
(d) Penalty. Each time said firearm is discharged shall constitute a separate offense. In the case of any violation of this section by a minor, the parent or guardian of such minor shall be charged as a principal with the violation hereof.
(Code 1973, § 18-11; Ord. No. 93-39, § I, 12-27-1993)
State law reference— Weapons, A.C.A. § 5-73-101 et seq.
Pine Bluff,
Sec. 14-26. – Discharging firearms.
(a) The discharging or firing of any weapon, modern or primitive, or any bow instrument where the pull of the bow is thirty (30) pounds or more, compound bow, crossbow, re-curved bow, long bow, air rifle, pellet gun, or firearm of any description within the city is prohibited with the following exceptions:
(2) When discharged or fired by a duly certified law enforcement officer when necessary in the performance of his duty.
(3) The chief of police may issue a permit to a state licensed and qualified pest exterminator authorizing the use of either an air rifle, air gun, or pellet gun for the purpose of eradicating pests causing injury or damage to property, or the existence of which creates a health hazard within this city. Such permit will restrict the use of such weapon to a designated area, for a limited period of time and to a specific person, and shall identify specifically the weapon to be used.
Ord. No. 6119, § 1, adopted Nov. 15, 2004, repealed § 14-27 in its entirety. Formerly, said section pertained to hunting prohibited within the city limits as enacted by Ord. No. 5629, § 1, adopted Oct. 2, 1995; as amended.
Pulaski County,
(No known air gun Ordinances) hunting y permit.
Rogers,
(No known air gun Ordinances) hunting y permit.
Siloam Springs,
Sec. 70-3. – Discharge of firearms or weapons.
(a) No person shall discharge firearms including shotguns, rifles, pistols or firearms of any character, within the city. It shall be unlawful for any person to discharge air or gas propelled BB or pellet pistols or rifles within the city except when aimed at objects located upon premises owned or occupied by them and when discharged in such manner that the projectiles fired therefrom do not leave the premises owned or occupied by them.
(b) No person shall discharge any firearm or weapon upon any property owned by the city. The administrator is authorized to request state and county enforcement on city lands lying beyond the city limits.
(Code 1978, § 7.12.01)
Springdale,
Sec. 74-3. – BB guns, air rifles, etc.; sale to or possession by minors; liability of parent.
(a) Definitions. For the purposes of this section the following definitions shall apply:
Air rifle or BB gun means any gun using spring or air pressure to shoot or propel any metal or plastic bullet, BB or pellet.
Parent means any natural parent, stepparent, guardian or other person having legal custody or control of a minor.
Residence means the actual home of the minor and shall not include the grounds or lands on which the residence is located.
Slingshot means any contrivance using rubber or other elastic materials to shoot or propel any hard object.
(c) Prohibitions. It shall be unlawful for any person to sell, barter or trade any air rifle, BB gun, slingshot or switchblade knife to any minor. It shall further be unlawful for any minor to have in his possession outside of the residence of the minor any air rifle, BB gun, slingshot or switchblade knife, unless such minor is in the immediate presence of his parent. It shall further be unlawful for any parent of any minor to knowingly permit such minor to have in his possession outside of his residence and while not in the immediate presence of the parent any air rifle, BB gun, slingshot or switchblade knife.
(Code 1973, §§ 22-5, 22-6)
State law reference— Offense of furnishing deadly weapon to a minor, A.C.A. § 5-73-109; carrying a weapon, A.C.A. § 5-73-120.
Sec. 78-34. – Hunting, molesting wildlife.
(b) It shall be unlawful to hunt, molest, harm, frighten, poison, kill, trap or remove any animal, reptile or bird; or to remove the eggs, nest, or young of any wild animal, fish, reptile or bird.
(c) It shall be unlawful to hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description, or air rifles, spring guns, slings, traps, or other weapons or devices potentially inimical to wildlife or dangerous to human safety.
(d) The provisions of this section shall not apply to parks and recreation employees, or anyone acting at their direction, so long as any action taken by such employees, or anyone acting under their direction, is in furtherance of management of animals and wildlife within the park, and has been authorized by the parks and recreation director or the mayor.
(Code 1973, §§ 23-8, 23-18; Ord. No. 3108, 6-12-01)
Texarkana,
Firearm: Any device, designed to be used as a weapon, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or other form or combustion, but excluding “BB” gun, scuba gun, stud or nail gun used in the construction industry, or pop gun or toy gun.
Sec. 6-93. – Weapons, explosives and inflammable materials.
No person except peace officers, duly authorized post office, airport and air carrier employees or members of the armed forces of the United States on official duty shall carry any weapons, explosives or inflammable material on the airport, except cased sporting guns carried for transshipment.
Sec. 16-5. – Discharge of firearms, etc.
It shall be unlawful for any person to discharge any firearm, air rifle, BB gun, bean shooter or any similar weapon within the corporate limits of the city. The police shall seize all such weapons used in a violation of this section. This section shall not apply to law enforcement officers in the performance of their duties.
(Ord. Bk. No. 1, § 380(1); Ord. Bk. No. 1, § 381(12), (13); Ord. No. B-648, § 1, 2-11-41; Code 1961, § 18-6
State law reference— Weapons, Ark. Stats. Title 41, Ch. 31.
Washington County,
(No Ordinances documented for Air gun restrictions) Hunting by permit.
West Memphis,
– Discharging unlawful.
It is unlawful for any person other than a peace officer in the discharge of his duty as such to fire or shoot, within the city limits, any firearms, spring guns, or air guns.
(Ord. 772 § 1, 1973.)
6.44.020 – Penalty for violations.
Any person found guilty of a violation of the provisions of Section 6.44.010 shall be punished by a fine of not less than five dollars nor more than fifteen dollars and each time said firearms or spring guns or air guns are discharged, constitutes a separate offense.
(Ord. 772 § 2, 1973.)
California-
California State Air-gun laws defined:
California prohibits any person from:
•Selling a BB device to a person under age 18.1 (California defines a “BB device” as any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun.2)
•Furnishing a BB device to a person under age 18 without the permission of the minor’s parent or legal guardian.
•Possessing any “instrument that expels a metallic projectile such as a BB or a pellet, through the force of air pressure, CO[2] pressure, or spring action, or any spot marker gun,” on the grounds of or within any public or private school providing instruction in grades K-12, without the written permission of the school principal.
•Drawing or exhibiting an imitation firearm in a threatening manner in such a way that a reasonable person would fear bodily harm, except in self-defense.(An “imitation firearm” is any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm that a reasonable person would perceive that the device is a firearm.
•Openly displaying or exposing any imitation firearm in a “public place.” “Public place” means any area open to the public and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, front yards, parking lots, automobiles (whether moving or not), buildings open to the general public, including those that serve food or drink or provide entertainment, the doorways and entrances to buildings or dwellings, and public schools and public or private colleges and universities.7 (This prohibition does not apply to an imitation firearm whose entire surface is certain bright colors, or which is entirely transparent so that the contents are completely visible.
•Knowingly possessing an imitation firearm or any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO[2 ]pressure, or spring action, within the sterile area of a public transit facility, if the sterile area is posted with a statement providing reasonable notice of the prohibition.“Sterile area” means any portion of a public transit facility that is generally controlled in a manner consistent with the public transit authority’s security plan.10 This prohibition does not apply to persons licensed to carry a concealed weapon.
•Carrying or possessing an instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO[2] pressure, or spring action, in the State Capitol, any legislative office, any office of the Governor or other constitutional officer, or any hearing room in which any committee of the Senate or Assembly is conducting a hearing, or upon the grounds of the State Capitol, which is bounded by 10th, L, 15th, and N Streets in the City of Sacramento, if the firearm is loaded, or the area is posted with a statement providing reasonable notice.
California also prohibits purchasing, selling, manufacturing, shipping, transporting, distributing, or receiving an imitation firearm for commercial purposes unless the imitation firearm is one of the following:
•A non-firing collector’s replica that is historically significant and offered for sale in conjunction with a wall plaque or presentation case;
•A BB device; or
•A device where the entire surface is certain bright colors, or which is entirely transparent so that the contents are completely visible.
This prohibition does not prevent the manufacture, purchase, sale, shipping, transport, distribution, or receipt, by mail or in any other manner, of imitation firearms:
•Solely for export in interstate or foreign commerce;
•Solely for lawful use in theatrical productions, including motion picture, television, and stage productions;
•For use in a certified or regulated sporting event or competition;
•For use in military or civil defense activities, or ceremonial activities; or
•For public displays authorized by public or private schools.
California law also prohibits changing, altering, removing, or obliterating any coloration or markings required for any imitation firearm or device as described above in any way that makes the imitation firearm or device look more like a firearm.
California requires any imitation firearm manufactured after July 1, 2005 to have, at the time of offer for sale in California, a conspicuous advisory in writing as part of the packaging, stating that: 1) the product may be mistaken for a real firearm by law enforcement officers or others; 2) altering the coloration or markings required by law to make the product look more like an actual firearm is dangerous and possibly illegal; and 3) brandishing or displaying the imitation firearm in public may cause confusion and be a crime.16
1.Cal. Penal Code § 19910.
2.Cal. Penal Code § 16250.
3.Cal. Penal Code § 19915.
4.Cal. Penal Code § 626.10(a)(1), (f).
5.Cal. Penal Code § 417.4.
6.Cal. Penal Code § 16700(a).
7.Cal. Penal Code § 20170-20180.
8.Cal. Penal Code § 20175. More specifically, this prohibition does not apply to an imitation firearm whose entire surface is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or which is entirely constructed of transparent or translucent materials that permit unmistakable observation of the device’s complete contents.
9.Cal. Penal Code § 171.7.
10.Id.
11.Id. Cal. Penal Code § 25655.
12.Cal. Penal Code § 171c(a)(1).
13.Cal. Penal Code §§ 16700(b), 20165.
14.Id.
15.Cal. Penal Code § 20150. This provision does not apply to any manufacturer, importer, or distributor of imitation firearms, or to their lawful use in theatrical productions. Cal. Penal Code § 20150.
16.Cal. Penal Code § 20160(a). Any manufacturer, importer, or distributor that fails to comply with this requirement is liable for maximum civil fines of $1,000 for the first violation, $5,000 for the section violation, and $10,000 for the third and subsequent violations. Cal. Penal Code § 20160(b).
AGOURA HILLS, 4911. – Weapons and harmful objects.
(a) No person shall place, throw, leave, keep, or maintain any object in such a manner or in such a place that any person or animal may be injured or any structure or vehicle may be damaged thereby.
(b) No person shall bring into or possess upon their person in any park any knife having a blade longer than three and one-half (3½) inches, folding knife with a blade that locks into place, or a razor with an unguarded blade.
(c) No person shall discharge or shoot any firearms, air gun, slingshot, or bow and arrow in any park except at ranges specifically designated for such activity.
(Ord. No. 48, 10-3-84)
Cross reference— Weapons generally, § 4400 et seq.
Alameda,
4-32.2 – Spring Guns and Slings.
No person shall discharge upon any public street or place in the City any gun, by means of which any missile is projected by a spring, bow, or compressed air, or use any implement whereby stones, beans, shot, pebbles, or other substance are projected.
No person shall, in the City, hurl, or throw any stone or other missile by means of any sling.
(Ord. No. 535 N.S. § 16-513)
Alameda County,
9.12.050 – Definition of dangerous weapon.
Dangerous weapon shall mean and include:
B. Any knife having a blade three inches or more in length, or any snap-blade or spring-blade knife regardless of the length of the blade;
C. Any ice pick or similar stabbing tool;
D. Any cutting, stabbing or bludgeoning weapon or device capable of inflicting grievous bodily harm;
D. Any dirk or dagger or bludgeon or blackjack;
E. Any straight edge razor or any razor blade fitted to a handle;
E. Any rifle, gun, pistol, revolver, air rifle, B-B gun, air gun, sling, sling shot, or other similar instrument or device designed or intended to discharge or capable of discharging a bullet, shot, or other missile of any kind.
Anderson,
9.62.010 – Required.
It is unlawful to shoot or discharge within the city any gun, pistol or other firearm, or any air gun, air pistol, or B-B gun, or spring gun or pistol without having first obtained a written permit to do so from the police department.
9.38.090 – Possession and use of firearms, etc.
It is unlawful to take, carry, use, or transport any firearm, pellet gun, pump gun, zip gun, air rifle, bow and arrow or “BB” gun or similar weapon or device, in, upon, through or across any park in the city without first having obtained a permit in writing from the city police department.
Arcadia,
4221. – DISCHARGING PROHIBITED.
No person shall shoot or discharge any gun, pistol, shotgun, rifle or other firearm or any air gun or pistol or spring-gun or pistol, slung shot or any other dangerous or deadly weapon without having at the same time actually in his possession and upon his person an unexpired permit so to do issued by the Chief of Police.
4221.1. – SAME. MINORS.
No parent, guardian or other person who has the custody, charge or control, permanent or temporary, of a minor child under the age of fourteen (14) years, shall aid, abet, encourage, permit or allow a minor child to shoot or discharge any pistol, air gun, revolver, shotgun, rifle, spring-gun or pistol, slung shot or any other dangerous weapon without having at the same time actually in his possession and upon his person an unexpired permit so to do, issued by the Chief of Police authorizing him to permit the minor child to shoot at a specified place and a specified time.
Arroyo Grande,
Chapter 8.40 – WEAPONS
Sections:
8.40.010 – Dangerous and deadly weapons defined.
8.40.020 – Dangerous and deadly weapons—Discharge.
8.40.030 – Dangerous and deadly weapons—Nuisances—Disposition.
8.40.010 – Dangerous and deadly weapons defined.
“Dangerous and deadly weapon,” as used in this chapter, shall include, but not be limited to, any revolver, pistol, shotgun, rifle, or firearm which may be used for the explosion of cartridges and any air gun, B-B gun, gas-operated gun, spring gun, slingshot, hunting bow and arrow, blowgun, and any weapon or device capable of catapulting, dispelling or discharging any projectile, missile or object of any type.
(Prior code § 4-4.02)
8.40.020 – Dangerous and deadly weapons—Discharge.
It is unlawful for any person to fire, discharge or cause to be emitted any projectile, missile or object from any dangerous or deadly weapon unless such person has first obtained permission in writing from the chief of police and then only in compliance with all of the conditions contained in the permit. The provisions of this section shall not apply to any peace officer or member of the armed forces of the United States in the discharge of his or her duty or to the discharge of a dangerous or deadly weapon at any rifle, pistol, sports, or testing range approved by the chief of police.
(Prior code § 4-4.03)
8.40.030 – Dangerous and deadly weapons—Nuisances—Disposition.
Any dangerous or deadly weapon used in violation of the provisions of Section 8.40.020 of this chapter is declared to be a nuisance, and such weapon shall be taken from the person violating said provisions and surrendered to the chief of police and shall be destroyed or otherwise disposed of, as provided by Section 12028 of the Penal Code of the state.
(Prior code § 4-4.04)
Arvin,
9.16.010 – Use prohibited—Exceptions.
Except as provided in this chapter, or except in the lawful defense of life or property, it is unlawful for any person (other than a peace officer or other authorized person in the discharge of his duty) to discharge any firearm, compressed air gun, BB gun, bow, slingshot or other deadly or dangerous weapon within the city. It is unlawful for any person to carry a loaded air gun or BB gun on his person or in a vehicle while in any public place or on any public street in the city. This chapter shall not apply to any person discharging a firearm in a target range approved by the governing body of the city, nor to any person using his property for the purpose of using any air gun, BB gun, bow or slingshot for target practice, provided a suitable backstop has been provided.
(Ord. 62 §1, 1968).
Atwater,
Chapter 9.32 – WEAPONS
Sections:
9.32.010 – Discharging arms.
9.32.010 – Discharging arms.
Every person, other than a peace officer in the performance of his duty, who discharges any cannon, gun, pistol, bow, or slingshot, however powered, in this City, including without limitation thereby firearms, air rifles, B-B guns and pneumatic arms of all types, but excluding toy weapons incapable of harming either persons or property, such as water pistols and pop guns, is guilty of a misdemeanor unless written permission therefore has been previously obtained from the Chief of Police. Such permission may be revoked at any time by the Chief of Police or by the City Council by written notice of such revocation to the permittee.
(Prior code Section 4-2.101)
Azusa,
Sec. 46-431. – Discharge prohibited.
Except as otherwise provided for in this article, it is unlawful for any person to fire, discharge, shoot or operate or to allow, assist or participate in the firing, discharging, shooting or operating of any gun, revolver, pistol, firearm, spring gun, air gun, air rifle, sling, slingshot or device designed or intended to discharge or capable of discharging any dangerous missile or cartridge, shell, ammunition or device containing any explosive substance designed or intended to be used in or fired from any gun, revolver, pistol or firearm.
(Code 1971, § 8.09.010)
Sec. 46-432. – Possession by minors.
(a) Except as otherwise provided for in this article, it is unlawful for any minor person under the age of 18 years to have in his or her possession or under his or her control, care or custody any gun, revolver, pistol, firearm, spring gun, air gun, air rifle, sling, slingshot or device designed or intended to discharge or capable of discharging any dangerous missile, cartridge, projectile or any device containing any explosive substance designed or intended to be used in or fired from any gun, pistol or firearm.
(b) Except as otherwise provided for in this article, it is unlawful for any minor person under the age of 18 years to have in his or her possession or under his or her control, care or custody any imitation firearm. As used in this article, “imitation firearm” means any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm. As used in this article, the term “BB device” means any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun.
(Code 1971, § 8.09.020; Ord. No. 07-010, § 1, 7-16-07)
Sec. 46-433. – Providing to minors.
Except as otherwise provided for in this article, it is unlawful for any person to sell, give, loan or in any way furnish or to cause or permit to be sold, given or loaned or in any way furnished to any minor person under the age of 18 years any gun, revolver, pistol, firearm, imitation firearm, spring gun, air gun, air rifle, sling, slingshot or device designed or intended to discharge or capable of discharging any dangerous missile, cartridge, projectile such as a BB or a pellet not exceeding 6mm caliber, or any device containing any explosive substance designed or intended to be used in or fired from any gun, pistol or firearm.
This section shall not apply to or include any person who loans, gives or furnishes to any minor person under the age of 18 years any firearm or weapon or device when and only when it is so loaned, given or furnished with the express or implied permission of the parent or legal guardian of the minor and is for the purpose of such minor person under 18 years of age actually participating in shooting at any designated target ranges described in section 46-435, or while traveling to or returning from such target ranges.
(Code 1971, § 8.09.030; Ord. No. 07-010, § 2, 7-16-07)
Sec. 46-434. – Permissible use.
This article shall not apply to peace officers, auxiliary peace officers, including auxiliary or reserve police officers, when acting in the line of duty or while shooting or discharging any type of revolver, pistol or rifle at any target range established by the city.
(Code 1971, § 8.09.040)
Sec. 46-435. – Minors discharging firearms at permitted target ranges.
This article shall not apply to any minor person under the age of 18 years who is lawfully enrolled in or is a member of a lawfully established revolver, pistol or rifle shooting club or association when going to and returning from or engaged in shooting at any inanimate target or trap-shooting device at any lawfully established target, pistol, revolver or rifle range. This article shall not apply to any person shooting at any revolver, pistol or rifle range established and operated by the park and recreation commission when such range is approved by and conducted under regulations adopted by the park and recreation commission and approved by the city council.
(Code 1971, § 8.09.050)
Sec. 46-436. – Parental authorization required for discharge of firearms by minors at target ranges.
Whenever any minor person under the age of 18 years possesses or has custody, care and control of any dangerous weapon or discharges or shoots the weapon at any target range or while going to or returning from a target range, the minor person shall carry in his immediate possession a signed written authorization from a parent or guardian to do so.
(Code 1971, § 8.09.060)
Sec. 46-437. – No public display of imitation firearms.
No person may openly display or expose any imitation firearm, as defined in this article, in a public place except for educational or historical purposes. For purposes of this section, the term “public place” means an area open to the public and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, front yards, parking lots, playgrounds, automobiles, whether moving or not, and buildings open to the general public, including those that serve food or drink, or provide entertainment, and the doorways and entrances to buildings and dwellings. Violation of this section is subject to any and all penalties provided for in this article, as well as any applicable penalties under state law. This section shall not apply under the specific circumstances provided for in California Penal Code section 12556, subdivisions (d) (1) through (d) (13).
(Ord. No. 07-010, § 3, 7-16-07)
Sec. 46-438. – Penalties.
(a) Criminal penalties. Any person who willfully violates the provisions of Chapter 46, article X, sections 46-432 and 46-433 of this Code shall be guilty of a misdemeanor.
(b) Administrative penalties. In addition to or in lieu of criminal penalties, an administrative fine or penalty may be imposed as authorized in Chapter 1, section 1-24 of this Code for any violation of Chapter 46, article X, section 46-432 or section 46-433
(c) Revocation or suspension of business license. In addition to the penalties provided in this section, any individual, business, business establishment, vendor, organization, or entity which possesses a valid business license granted by the city and which violates section 46-432 or section 46-433 of this article by selling, distributing, or otherwise furnishing imitation firearms to minors may be subject to revocation or suspension of such business license, pursuant to Chapter 18, article I, section 18-21 of this Code.
(d) State law. The provisions of this section are in addition to any penalties imposed by applicable state law, including but not limited to the California Penal Code, sections 12550 through 12556.
(Ord. No. 07-010, § 4, 7-16-07)
FOOTNOTE(S):
(60) Cross reference— Civil emergencies, Ch. 26.
Banning,
9.16.010 – Guns—Defined.
As used in this chapter, the word “gun” means and includes air guns, air rifles, pistols, revolvers and guns of any character fired by explosives.
(Code 1965, § 14-21.)
9.16.020 – Guns—Possession by children.
Any gun in possession of a minor under the age of sixteen years, except within his home or except when he is in the direct charge and under the supervision of his parent or guardian, is hereby declared to be a nuisance and to be subject to immediate seizure and confiscation.
(Code 1965, § 14-22.)
9.16.030 – Guns—Discharge.
A. It shall be unlawful for any person to discharge any gun or pistol within the city, unless such person is authorized by law to carry a gun or pistol and the same is discharged in the lawful performance of a duty.
B. This section shall not apply to a lawful discharge at any regularly established gun or rifle club or shooting gallery, the location of which club or shooting gallery has previously been approved in writing by the chief of police.
C. This section shall not apply to any public safety officers in the discharge of their official duties.
D. This section shall not apply to persons licensed to destroy pests, where such persons have appropriate state and federal permits, if applicable, and a permit approved by the chief of police with conditions for protecting public safety, preventing nuisances and indemnifying the city from liability.
F. This section shall not apply to any person discharging a gun or pistol which fires blanks, which firing is in an otherwise lawful manner, while participating in a special event for which a permit has been issued by the city council pursuant to chapter 5.68 of this Code. Any person proceeding under this section shall first file with the chief of police a notice setting forth the place and time of each proposed discharge. Such notice shall be filed with the chief of police a minimum of seventy-two hours prior to the time of such scheduled discharge.
(Code 1965, § 14-23.)
(Ord. No. 1413, § 2, 11-24-09)
Barstow,
Chapter 9.12 – FIREARMS
Sections:
9.12.010 – Defined.
9.12.020 – Discharge.
9.12.010 – Defined.
As used herein “firearms” means any instrument used in the propulsion of shot, shell or bullets by the action of air or gunpowder exploded within it and includes the following mechanisms: gun, shotgun, rifle, pistol, revolver, air gun and air rifle.
(Ord. 83 § 1, 1952)
9.12.020 – Discharge.
It is unlawful for any person, firm or corporation to shoot off or discharge any firearm not in necessary self-defense or in the performance of official duty, within the corporate limits of the city, without first obtaining the permission of the chief of police.
Belmont,
DIVISION 2. – FIREARMS
Sec. 15-33. – Defined.
“Firearms” is defined as a cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, “BB” gun, air gun, pellet gun or any other weapon of similar nature designed to discharge a projectile propelled by the expansion of a gas.
(Code 1961, § 11.1; Ord. No. 986, § 1, 4-22-03)
Sec. 15-34. – Prohibited.
No person shall within the limits of the city discharge or fire any firearm, except as provided in the following section.
(Code 1961, § 11.2; Ord. No. 986, § 1, 4-22-03)
Sec. 15-35. – Exception to discharge prohibition.
The provisions of the preceding section as to the use of any firearm shall not apply to any of the following cases:
(a)
Police, etc. To police officers, sheriffs, constables, marshals or other police officers, or any person summoned by any such officers to assist in making arrests or preserving the peace, or persons who are members of the armed services of the United States, or the National Guard, while such persons are acting in the lawful discharge of their duties;
(b)
Self-defense. To persons using firearms in the lawful defense of self, third persons, or the users’ property;
(c)
Target range. To persons discharging or firing such firearms or causing them to be discharged or fired at a regularly established firing, shooting or target range with the consent of the owner or person in charge of any such firing, shooting or target range; the term “regularly established firing, shooting or target range” as used in this subsection includes properly constructed indoor or outdoor home ranges on private property when such range is supervised by an adult.
(Code 1961, § 11.3; Ord. No. 986, § 1, 4-22-03)
Sec. 15-36. – Possession by minors prohibited.
It shall be unlawful for any person under the age of eighteen (18) years to have in his possession in a public place any firearm, except as provided in the following section.
(Code 1961, § 11.4; Ord. No. 986, § 1, 4-22-03)
Sec. 15-37. – Exceptions to possession by minors.
The provisions of the preceding section shall not apply to persons under the age of eighteen (18) years in the following cases:
(a) When under charge of adult. When such person is in the immediate charge of a parent, guardian or adult person having the responsibility for the conduct of the person under the age of eighteen (18) years.
(c) Unloaded guns. When the firearm is unloaded and either (1) in a dismantled or “take-down” condition or (2) completely wrapped or in a carrying case made for the purpose of carrying such firearm. A gun shall be deemed to be unloaded only when no ammunition or propellant is in any part of the gun or magazine or clip thereof.
(Code 1961, § 11.5; Ord. No. 986, § 1, 4-22-03)
Big Bear Lake,
(No ordinances/restriction for air guns documented), Hunting by permit.
Bishop,
Chapter 9.16 – WEAPONS
Sections:
9.16.010 – Shooting prohibited.
9.16.010 – Shooting prohibited.
No person shall shoot any firearm, air rifle or “BB” gun from or upon any street, road, alley or sidewalk within the city.
(Prior code §13-14)
Blythe,
6.04.030 – Animal control officers not peace officers.
B. The animal control officer, his assistants and deputies are not peace officers, but may exercise the powers of arrest of a peace officer as designated in Section 836 of the California Penal Code and the power to serve warrants as specified in Sections 1523 and 1530 of the Penal Code during the course and within the scope of their employment, if they receive a course in the exercise of those powers pursuant to Penal Code Section 832. That part of the training course specified in Penal Code 832 pertaining to the carrying and use of firearms shall not be required, if the chief of police does not authorize the use of firearms.
C. For the purposes of subsection A of this section, the term “firearms” includes capture guns, blow guns, carbon dioxide operated rifles and pistols, air guns, hand guns, rifles and shotguns.
(Ord. 675 (part), 1991)
Brawley,
Sec. 19.7-1. – Firearms.
(b) Definition. “Firearm” is defined, for purposes of this section, as a gun, pistol, revolver, automatic pistol, rifle, shotgun, “BB” gun, air gun, pellet gun or any other weapon of similar kind designed to discharge a projectile propelled by the expansion of a gas.
(c) Discharge-Prohibited. No person shall discharge or fire any firearm within the limits of the city except as provided in subsection (c) of this section.
Brisbane,
Chapter 9.52 – DISCHARGE OF FIREARMS AND OTHER WEAPONS
9.52.010 – Within city prohibited.
It is unlawful for any person or persons, within the corporate limits of the city, to discharge any pistol, revolver, gun, rifle (of any caliber), cannon, anvil, or any other firearm, and also any air gun, BB gun, blow gun, slingshot, bow, or any instrument of any kind, character, or description which throws or projects bullets, pellets, or missiles of any kind to any distance, by means of power or any explosive substance, or by means of the elastic force of air, rubber, or steel springs, or by any other means; or in any manner to use the same to the danger or annoyance of any person or injury to property, except as provided in this chapter.
(Ord. 28 § 1, 1962).
9.52.020 – Purchase by minors restricted.
No person under eighteen (18) years of age shall purchase any of the parts, projectiles, supplies or devices set forth in Section 9.52.010 unless accompanied by his or her parent or guardian, who shall request the purchase.
Butte County,
15-30 – Regulation of possession and discharge of air guns and slingshots—Definitions.
For the purposes of this section, an “air gun” shall be any device which propels a BB shot or pellet by means of one or more compressed springs, or any compressed air, carbon dioxide or other gas. Such devices are commonly known as BB guns or pellet guns. A “slingshot” is a hand-held device which utilizes elastic material to propel a missile.
(Ord. No. 1748, § 2, 8-31-76)
15-30.1 – Same—Carrying when loaded prohibited.
It shall be unlawful to carry upon any public road or highway any such device when it contains its shot.
(Ord. No. 1748, § 2, 8-31-76)
15-30.2 – Same—Discharging.
It shall be unlawful to discharge any air gun or slingshot:
(a) From, onto or across a public road or highway.
(b) Onto or while upon the private property of another without the owner’s consent.
(Ord. No. 1748, § 2, 8-31-76)
15-30.3 – Same—Penalty for violation.
Anyone violating the provisions of sections 15-30.1 and 15-30.2 shall be guilty of an infraction and shall be subject to a fine not to exceed one hundred dollars ($100.00).
Calabasas City,
(No documented air gun ordinances found) Hunting restriction by permit.
Calaveras County,
9.12.010 – Display of written consent.
Every written consent mentioned in this chapter, or any amendments hereto, shall be kept in the immediate possession of the licensee at all times while he is in, upon or shooting or discharging firearms over or upon the various lands to which the prohibitions of this chapter apply and shall be displayed upon the demand of any peace officer enforcing the provisions of this chapter.
(Ord. 887 § 2, 1977).
9.12.020 – Shooting across private land.
It is unlawful for any person to shoot any bullet, arrow or other projectile into, across or above any privately owned land under cultivation or enclosed by a fence, or privately owned, uncultivated or unenclosed lands where signs are displayed at intervals not less than three to the mile along all exterior boundaries, and at all roads and trails entering such lands, without the written consent of the owner of such land, or his agent, or the person in lawful possession thereof, in his immediate possession.
(Ord. 887 § 3, 1977).
9.12.030 – Firing within one hundred fifty yards of certain buildings.
It is unlawful for any person, other than the owner, person in possession of the premises, or a person having the express written permission of the owner or person in possession of the premises, to discharge any firearm (as defined in California Penal Code section 12001.2(b)) within one hundred fifty yards of any occupied dwelling, house, residence, or other building or any barn or other outbuilding used in connection therewith. The one hundred fifty-yard area is a “safety zone”.
(Ord. 2753 § 1, 2003: Ord. 2000 § 1, 1988: Ord. 949 § 1, 1978: Ord. 887 § 5, 1977).
9.12.040 – Exemptions.
The prohibitions of this chapter do not apply to the establishment or maintenance of any pistol, rifle, target range or shooting gallery, nor to the discharge at any target thereon, by any person using such range or shooting gallery, of any rifle, shotgun, pistol, revolver, air gun or bow and arrow in or on such range or shooting gallery; provided, that such range or shooting gallery complies with the county’s basic zoning ordinance and has been inspected and approved by the sheriff as being so installed, constructed, safeguarded, equipped and used as to adequately prevent any bullet, shot or missile from being projected beyond the confines of such range or shooting gallery. Evidence of said inspection and approval shall be in the form of a written permit issued by the sheriff, valid for a maximum period of one year and subject to those conditions which, in the discretion of the sheriff, are necessary.
(Ord. 887 § 6, 1977).
9.12.050 – Penalty for violation.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment.
(Ord. 887 § 7, 1977).
Calexico,
Chapter 9.36 – FIREARMS
Sections:
9.36.010 – Unlawful discharge.
It is unlawful for any person to shoot, fire off, or discharge any air gun or firearm within the limits of the city. Any violation of this section shall be considered a misdemeanor.
Camarillo,
10.72.010 – Discharge prohibited.
A. It shall be unlawful for any person to discharge any firearm within the limits of the City.
B. This section shall not apply to:
2. Any peace officer acting in the official line of duty; or
3. Any person when necessary to protect a human life or to destroy or kill any predatory or dangerous animal while defending one’s self or another person against an immediate threat of great bodily harm; or
4. The discharge on any target trap, target range, skeet range, or shooting area which has been inspected by the Chief of Police and approved in writing by the Chief of Police and the City; or
4. The discharge of an air gun, air rifle, or air pistol, or any spring gun, spring rifle, or spring pistol, or any carbon dioxide or other gas operated gun, rifle or pistol in any private place or location constructed such that it is impossible for the ammunition, projectiles or other objects expelled by such guns, rifles or pistols to escape the place or location; or
6. The discharge of blank cartridges in theatrical performances or sporting events
10.72.020 – Firearms—Defined.
For the purposes of this chapter “firearm” shall mean and include a “rifle,” “shotgun,” “pistol,” “revolver,” and any other instrument which expels a metallic projectile, such as a BB or pellet, through the force of gunpowder, explosive, air pressure, CO2 pressure, or spring action, or any spot marker gun.
CAMBRIA COMMUNITY SERVICES DISTRICT,
(No documented air gun restrictions) Hunting by permit.
Campbell,
8.12.020 – Permit required.
The chief of police shall issue a permit to shoot or discharge any such gun, pistol, or firearm only when he finds that the proposed use thereof will not endanger life or property.
(Prior code § 4210).
8.12.030 – Conditions of issuance of permit.
The chief of police may issue such written permit subject to such reasonable conditions as he finds will reduce or eliminate hazard to life or property.
(Prior code § 4211).
8.12.040 – Unlawful discharge of firearms.
It is unlawful for any person to shoot or discharge any such gun, pistol or firearm contrary to the provisions of this chapter or contrary to the conditions of such written permit.
Carlsbad,
8.16.015 – Discharge of air guns, BB guns, etc. prohibited—Where.
(a) No person shall, without first obtaining permission from the chief of police as required by Section 8.16.020, shoot or discharge any air rifle, air gun, BB gun, pellet gun, gas-operated gun, spring gun or any other weapon designed to discharge or propel any projectile capable of causing injury on any public property, or on any street or sidewalk, whether public or private, or in any park, beach, golf course, shopping center, or other public gathering place within the city.
(c) No person shall shoot or discharge any air rifle, air gun, BB gun, pellet gun, gas-operated gun, spring gun or any other weapon designed to discharge or propel any projectile capable of causing injury in any unsafe or threatening manner or in any manner where the projectile may or does enter the property of another.
(Ord. NS-194 § 2, 1991)
(Ord. 3222 § 2 (part), 1987)
11.32.030 – Unlawful acts.
It is unlawful for any person to do any of the following mentioned acts in or upon any park or beach within the city:
(4) To bring into or use any firearms or air or gas or spring-propelled guns, sling shots, bows and arrows, except that bows and arrows may be permitted in such portions of public parks or beaches which are specifically designated by the city manager for archery or other projectile-throwing devices.
CARPINTERIA,
9.36.020 – Discharging weapons or throwing missiles in public place prohibited.
No person shall discharge upon any public street or place in the city any gun by means of which any missile is projected by a spring, crossbow, or compressed air, use any implement whereby stones, beans, shot, pebbles or other substance are projected and no person shall hurl or throw any stone or other missile by means of any sling. (Prior code § 4125)
12.24.020 – Public parks and beaches—Prohibited acts and exceptions.
Within the boundary lines of any of the parks or beaches, as defined in Section 12.24.010, it is unlawful for any person or persons to do any of the following acts:
5. To bring or use any firearms or air or gas or spring-propelled guns, slingshots, bows and arrows, javelins, discus, golf clubs and golf balls, or any similar projectile or projectile-throwing device, except that such may be permitted in such portions of public parks or beaches as are specifically determined to be safe for such uses and are so designated by the city manager;
CENTRAL CONTRA COSTA
SANITARY DISTRICT,
(No air gun ordinances documented) Hunting by permit.
Ceres,
(Ord. 164, 1956)
9.12.020 – DISCHARGING PROHIBITED; EXCEPTION.
It is unlawful for any person to fire or discharge any pistol, rifle, firearm, gun, anvil loaded with powder, bow, air gun, BB gun, slingshot, or other device whereby shot, bullet, arrow or other missile or substance is discharged within the City.
9.50.100 – ACTS PROHIBITED IN CITY PARKS, PUBLIC PROPERTY AND PUBLIC FACILITIES; MISDEMEANORS.
C.
Use, carry or possess firearms of any description including air rifles, spring guns, bows and arrows, slings or any other form of weapon potentially dangerous to wildlife or to humans in any park or public building or public property, or shoot into park areas from beyond park boundaries.
Chino,
9.88.010 – Permit—Required.
No person shall fire, shoot or discharge any gun, rifle, pistol or other firearm, or any air gun, air rifle or air pistol or any spring gun, spring rifle or spring pistol or any carbon dioxide or other gas operated gun, rifle, or pistol without first obtaining a written permit from the chief of police.
(Ord. No. 2010-12, § 1, 1-4-2011.)
12.20.032 – Firearms, fireworks, motorized airplanes, projectiles and dangerous objects.
B. To possess, carry, or discharge any firearms, firecrackers, rockets, explosives, air gun, bow and arrow, or slingshot, is prohibited.
C. To throw, project, or propel upon, along or across any park, public highway, or driveway within a park any motorized airplane, rocket projectile, or similar device capable of causing personal injury or damage to personal property is prohibited.
Chino Hills,
(No air gun ordinances documented) Hunting by permit req.
Chowchilla City,
Chapter 9.20 – WEAPONS
Sections:
9.20.010 – Discharge of certain weapons prohibited—Exception.
No person shall shoot or discharge any firearm of any description within the city, except in a duly licensed shooting gallery. No person shall shoot at any wild or domestic bird, fowl, animal or any person with any air gun, sling-shot or any other instrument capable of hurling a missile within the city on public or private property.
12.28.100 – Firearms prohibited—Exception.
No person shall carry, shoot or discharge any type of firearm within the Berenda Reservoir and Recreational Park. The term “firearm” as used in this section shall include a pistol, rifle, revolver, shotgun, BB gun or air rifle. This section shall not apply to police or law enforcement officers.
(Ord. 413-00 § 2 (part), 2000; prior code § 13A-4)
Citrus Heights,
Sec. 33-76. – Discharging air-operated arms.
It shall be unlawful for any person to shoot or discharge any air gun or air rifle or B gun, of any description, within the city.
(Code 1958, § 39-9)
Sec. 33-77. – Exceptions to prohibition of discharge of weapons.
Sections 33-75 and 33-76 shall not apply when the firing, shooting or discharging of the arms therein described is done in the necessary and lawful protection of person, premises or property.
COACHELLA,
(No documented air gun restrictions) Hunting by permit req.
Coalinga,
(No documented air gun restrictions) Hunting by permit req.
Colton,
12.24.120 – Games and activities.
It is unlawful for any person to take part in or abet the playing of any activity which endangers the health, safety or welfare of the participant or any person whomsoever in any park, except on fields and courts or areas specifically provided for such games and activities by the city council or director. Such games and activities shall include, but shall not be limited to, the following:
A. Baseball, tackle football, field hockey, rugby, cricket, golf, boxing, wrestling, soccer and the martial arts;
B. Wading, bathing, swimming, launching any type of boat, raft, air mattress, surfboard or to be in or on any lake, stream or pond found in a city park;
D. Flying any model airplane or helicopter, and launching any model fuel power boat, provided that this subsection shall not prohibit the launching of model boats powered by battery or sail;
E. Carrying, transporting, possessing, discharging, firing or shooting over, onto or through any park any firearm, air gun, “bb” gun, spring gun, slingshot, bow and arrow, crossbow, spear, firecracker, rocket, explosive of any kind or any other form of weapon potentially dangerous to human beings or wildlife. This subsection shall not apply to law enforcement officers;
Colusa,
Sec. 12-2. – Firearms—Permit required for use in city.
No person shall unnecessarily discharge, fire or shoot any gun, pistol, or other firearm of any description, within the city, without first having obtained a permit to do so from the city council.
(Ord. No. 5, § 24.)
Commerce,
9.16.010 – Giving firearms to minors.
Except as otherwise provided in Section 9.16.040, it is unlawful for any person, firm, or corporation, to sell, give, lend or in any way furnish, or to cause or permit to be sold, given, lent, or in any way furnished, to any person under the age of eighteen years, any gun, revolver, pistol, firearm, spring gun, air gun, sling, sling shot, or device designed, or intended, to discharge, or capable of discharging, any dangerous missile.
9.16.030 – Firing prohibited.
Except as otherwise provided in Sections 9.16.040 and 9.16.041, it is unlawful for any person to fire, discharge, shoot or operate, or to assist or participate in the firing, discharging, shooting or operating, or to have in his or her possession, care, custody or control, any gun, revolver, pistol, firearm, spring gun, air gun, sling, sling shot, or device designed, or intended, to discharge, or capable of discharging, any dangerous missile, or any cartridge, shall, ammunition or device containing any explosive substance, designed or intended to be used in or fired from, any gun, revolver, pistol or firearm.
(Ord. 184 §1, 1972: prior code §3502).
9.16.040 – Exceptions.
Nothing in this chapter shall be deemed or construed to prohibit the selling, giving, lending, or furnishing to any person under the age of eighteen years, upon the written consent of the parent or guardian of such person, any article mentioned in Sections 9.16.010 and 9.16.020 hereof; nor to prohibit any such person under the age of eighteen years from having in his or her possession, care, custody or control any article mentioned in Section 9.16.030 hereof in the event that the possession, care, custody, or control of the article is had with the consent of the parent or guardian of the person and is under the direct supervision and control of some adult person; nor to prohibit any such person under the age of eighteen years from firing, discharging, shooting, or operating any article mentioned in Section 9.16.030 when the person is accompanied by, and under the direct care and control of, some adult person and is engaged in hunting any wild game or predatory bird or animal which may be lawfully hunted and killed in the city, or is lawfully engaged in shooting at any inanimate target, or trapshooting device, while accompanied by, and under the direct care and control of, some such adult person.
CONTRA COSTA COUNTY,
54-20.002 – Purpose.
The purpose of this chapter is to ensure the health, safety, and general welfare of residents of the county of Contra Costa by eliminating the sale of cheaply made, inadequately designed and poorly manufactured handguns in the unincorporated areas of the county.
(Ord. 96-42 § 2).
54-20.006 – Exclusions.
The term “Saturday night special” does not include any of the following:
(1) Any pistol which is an antique or relic firearm or other weapon falling within the specifications of paragraphs (5), (7) and (8) of subsection (b) of California Penal Code Section 12020;
(2) Any pistol for which the propelling force is classified as pneumatic, that is, of, or related to, compressed air or any other gases not directly produced by combustion;
(3) Children’s pop guns or toys;
(5) An “unconventional pistol” as defined in California Penal Code Section 12020(c) (12); or
(6) Any pistol which has been modified to either render it permanently inoperable or permanently to make it a device no longer classified as a “Saturday night special.” (Ord. 96-42 § 2).
Corning,
44-4.002 – Firearms—Possession by minors.
No minor under the age of sixteen year shall possess or use firearms of .22 caliber or greater or air guns except under the direct supervision and control of an adult.
(Prior code § 3300: Ord. 603).
Chapter 9.16 – DISCHARGE OF WEAPONS
Sections:
9.16.010 – Unlawful-Exceptions.
It is unlawful for any person to discharge or shoot any gun, pistol, revolver, air rifle, air pistol, air gun, or other firearm within the city except as follows:
B. A duly appointed or elected and qualified officer in the discharge of his duty;
C. Any citizen in the lawful defense of person or property;
D. Any person, a guest or member of a rifle, small arms, sportsman, or rod and gun club in or on a rifle or small arms range conforming to the safety requirements of the National Rifle Association, and to the building and zoning ordinances of the city. (Ord. 323 §14, 1978: Ord. 173 §1, 1961; Ord. 144 §1, 1958: Ord. 77 §1, 1947).
CORTE MADERA,
Chapter 9.16 – DEADLY WEAPONS
9.16.010 – Definition.
The term “dangerous or deadly weapon” as used in this chapter includes, but is not limited to, any revolver, pistol, shotgun, rifle, or firearm, which may be used for the explosion of cartridges, and any air gun, “B.B.” gun, gas-operated gun, spring gun, slingshot, bow and arrow, switchblade knives, and any weapon or device designed to project a missile of any type with such force or velocity as to be unsafe or dangerous to any person or property, in the town, other than:
(2) One carried pursuant to valid permit issued by duly authorized governmental authority; or
(3) Any ordinary rifle or shotgun lawfully owned or possessed in a domicile, or while being conveyed to or from such domicile for the purpose of hunting or other legitimate use outside the town.
9.28.020 – Prohibitions.
It is unlawful for any person to do any of the following on public property within the scope of Section 9.28.010:
(G) No person shall possess within or take into any town park any firearm, air gun, sling shot, firecrackers, explosives, or other articles of like character, except duly qualified law enforcement officials.
Costa Mesa,
Sec. 11-14. – Discharge of weapons.
It is hereby declared unlawful for any person, other than a peace officer acting in his official line of duty, to shoot, fire or discharge, or for any person to cause or permit to be shot, fired or discharged within the corporate limits of the city, any rifle, shotgun, pistol, revolver or other firearm, or any air gun, air pistol or air rifle, or any other weapon which emits a projectile as a result of pressure exerted at the breech, except when it may be necessary to do so to protect life or property, or to destroy or kill any predatory or dangerous animal, unless said person shall have first obtained permission in writing to do so from the chief of police.
(Code 1960, § 3275)
Sec. 11-15. – Reserved.
Ord. No. 06-17, § 1, adopted August 15, 2006, repealed § 11-15, which pertained to filing false statements regarding city officers or employees prohibited and derived from Ord. No. 75-20, § 2, 4-1-75.
Sec. 11-16. – Brandishing replica or facsimile of firearm prohibited.
(b) It is unlawful for any person to brandish a replica or facsimile of a firearm in a rude, angry, or threatening manner with the intent to frighten, vex, harass, or annoy any other person.
(c) Violation of this section is a misdemeanor.
(d) “Replica” or “facsimile” of a firearm as used in this section shall include, but is not limited to, toy guns, laser tag pistols, starter pistols, air guns, and inoperative firearms or any other device which might reasonably be perceived as representing a real firearm.
(Ord. No. 87-11, § 2, 6-1-87)
Crescent City,
9.08.010 – Prohibited—Exceptions.
It is unlawful for any person to discharge or use any pistol, shotgun, rifle, or other firearm or air gun within the city. This section shall not apply to peace officers in the performance of the duties of their office nor to persons shooting at a target range or shooting gallery; nor to persons protecting their families or themselves, pursuant to the laws of the state, from violence or criminal activity.
Daly City,
(No air gun ordinances documented) Hunting y permit.
Delano,
8.08.025 – Authority of animal control officers.
Animal control officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in California Penal Code (CPC) Section 836 and the power to serve warrants as specified in CPC Sections 1523 and 1530 during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers pursuant to CPC Section 832. That part of the training course specified in CPC Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms.
For the purposes of this section, “firearms” includes capture guns, blowguns, carbon dioxide operated rifles and pistols, air guns, handguns, rifles, and shotguns. (CPC 830.9).
(Ord. 1154 § 1(part), 2007).
Diamond Bar,
Sec. 12.00.380. – Firearms and other weapons.
A person shall not bring into, discharge, or shoot any firearms, air gun, slingshot, or bow and arrow in any park except at areas designated for such purpose by the director.
(Ord. No. 14(1989), § 2(17.04.620), 6-27-89)
Duarte,
9.52.010 – Discharging weapons prohibited.
(b) Except as otherwise provided in this chapter, no person shall within the city limits, shoot, fire or discharge, nor cause or permit to be shot, fired or discharged, any rifle, shotgun, revolver or other firearm of any kind, or any air gun, air rifle or air pistol, or any spring gun, spring rifle, or spring pistol, BB gun, pellet gun, blow gun or any carbon dioxide or any gas operated gun, or a crossbow of any type, compound bow, or a bow more than three feet in length, or to use metal or pointed tipped arrows.
(c) Nothing in this section shall prohibit the use of any air gun, air rifle or air pistol, or any spring gun, spring rifle, or spring pistol, BB gun, pellet gun, blow gun or any carbon dioxide or any gas operated gun, or a crossbow of any type, compound bow, or a bow more than three feet in length, when the missile, projectile, or arrow is shot from and at all times remains on or over, and lands upon the property owned by the person shooting the weapon, or bows and arrows in the teaching of the art of archery by schools within the city, or by the department of parks and recreation as a part of their regular program, or under the supervision of a responsible adult upon an archery range approved by the city manager; nor the manufacturing, testing and sale of any of the articles mentioned in this section at wholesale by any person or bona fide firm in the city; nor the sale by mail order sales of any of the articles mentioned in this section to persons residing outside the city limits.
(Ord. 741, 1999: Ord. 66 § 1; 1960)
Dunsmuir,
9.12.030 – Firearms—Discharge.
No person, except in a licensed shooting gallery or on premises approved by the city council, such premises being under the care and control of a shooting club, either private or public, shall discharge any pistol, firearm, air gun, musket, gun or instrument of any kind or character which throws or projects bullets or missiles of any kind to any distance.
(Prior code § 13-6)
EAST PALO ALTO,
9.24.060 – Definitions.
“Firearms” means a cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, BB gun, air gun, pellet gun or any other weapon of similar nature designed to discharge a projectile propelled by the expansion of a gas.
9.24.110 – Sale of certain firearms prohibited to minor.
No person shall sell, deliver or transfer ownership to any person under the age of eighteen (18) years any pistol, revolver or other similar weapons capable of being concealed upon the person and designed to discharge a solid projectile propelled by the expansion of a gas.
(Prior code § 4-4.206)
12.04.010 – Prohibited acts.
No person may do the following acts within the limits of a park:
Q. Carry, exhibit or use a firearm, air gun, sling shot, firecrackers, torpedoes, rockets or other fireworks or other similar article.
Any pistol for which the propelling force is classified as pneumatic; that is, of, related to, compressed air or any other gases not directly produced by combustion; or Children’s pop guns or toys.
EL CENTRO,
Sec. 18-25. – Definition.
“Firearms” is defined, for purposes of this article, as a cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, “BB” gun, air gun, pellet gun or any other weapon of similar nature designed to discharge a projectile propelled by the expansion of a gas.
Cross reference— Rules of construction and definitions generally, § 1-3.
Sec. 18-26. – Discharge—Prohibited.
No person shall within the limits of the city discharge or fire any firearm.
EL CERRITO,
Chapter 10.80 – WEAPONS—USE AND SALE
Sections:
10.80.010 – Firearms—Discharge.
10.80.020 – Firearms—Minors.
10.80.010 – Firearms—Discharge.
It is unlawful for any person to discharge any firearm, gun, rifle or other device discharging by the use of powder, air or spring, any bullet or shot of any kind, or any sling or slingshot, bow and arrow (other than toy bow and arrow), bow gun or blowgun, in the city, except in shooting galleries and on ranges which have been approved by the council; provided, that this chapter shall not apply to peace officers acting within the scope of their official duties, or to workers using recognized tools in the course and scope of their occupation, or to persons using such device in the protection of themselves or other persons from assault.
(Ord. 92-4 Div. 2 (part), 1992.)
10.80.020 – Firearms—Minors.
It is unlawful for any person to sell to any minor, or to allow any minor in the city to carry explosive ammunition or any firearm, gun, rifle or other device discharging by the use of powder, air or spring, any bullet or shot of any kind, or any slingshot, bow and arrow (other than toy bow and arrow), bow gun or blow gun, except when accompanied by a parent or legal guardian. The provisions of this section shall not apply to the use of such firearms, ammunition, or other instruments, by minors in shooting galleries, or on ranges which have been approved by the council.
(Ord. 92-4 Div. 2 (part), 1992.)
El Dorado County,
OF FIREARMS BY MINORS
9.40.010 Use or Possession Restricted.
It is unlawful for any person under the age of eighteen (18) years to fire, discharge or shoot any
firearm, rifle, gun or other device from which a bullet, pellet or projectile is discharged by means
of powder, compressed air or springs or to possess any such firearm, rifle or gun unless
accompanied by a person twenty-one (21) years of age or older within the boundaries of any
town-site or subdivision in the unincorporated territory of the county for which a final subdivision.
Ele Monte,
Chapter 9.28 – WEAPONS
9.28.010 – Definitions.
For the purpose of this chapter, certain words and phrases shall be construed as follows, unless it is apparent from the context that a different meaning is intended:
“Air gun” means any object capable of discharging or projecting any missile by the force of compressed air or gas, including but not limited to: air rifle, B-B gun, peashooter, blowgun, pellet gun, pellet rifle, or any other similar device capable of inflicting injury to person or damage to property.
“Firearm” means any object capable of discharging or projecting any missile by the force of any explosion or other form of combustion, including but not limited to: shotgun, rifle, pistol, revolver, target pistol, target gun, tommy gun, spring gun, wham-o gun, or any other similar device capable of inflicting injury to person or damage to property.
9.28.020 – Possession by minors prohibited.
No person under eighteen (18) years of age shall own or possess any firearms. No person under eighteen (18) years of age shall wear, display, brandish or carry a firearm, a knife, an air gun or harmful device on public property in the city except in a bona fide transportation of said object from one private premises to another provided that during such transport said object is not readily useable by virtue of its being dismantled, unstrung or otherwise enclosed in a carrying case or similar container.
(Prior code § 4251)
9.28.030 – Parental duty.
No parent, guardian, custodian or person in charge of any person under eighteen (18) years of age shall permit any such person under the age of eighteen (18) years to own, possess or use any firearm.
EL PASO DE ROBLES,
9.04.040 – Discharging any air gun, bow, slingshot, etc.
It is unlawful for any person or persons within the limits of this city to fire or discharge a projectile from any air gun or spring loaded gun, or from any bow, or from any sling or slingshot.
(Ord. 502, 1985: Ord. 262 N.S. § 5, 1962)
FARMERSVILLE,
Chapter 9.16 – DISCHARGE OF WEAPONS
9.16.010 – Definition.
For the purpose of this chapter, “firearm” includes both singular and plural, and includes any rifle, shotgun, air gun, BB gun, sling shot, crossbow, bow and arrow, or any other instrument for discharging projectiles capable of doing bodily harm.
Fillmore,
Chapter 15.16 – DISCHARGE OF FIREARMS
Sections:
15.16.010 – Discharge prohibited.
15.16.020 – Firearms defined.
15.16.030 – Persons under eighteen years of age.
15.16.010 – Discharge prohibited.
Except as otherwise provided in this chapter, it is unlawful to shoot, fire or discharge any firearm, bow and arrow, or any air, gas or spring weapon within the city limits of Fillmore. This section shall not apply to: (1) any peace officer acting in the official line of duty; or (2) if necessary in self-defense; or (3) the discharge of blank cartridges in theatrical performances, filming of movies or sporting events; or (4) the firing of salutes by honor guards at military funerals.
(Ord. 704 § 1 (part), 1995)
15.16.020 – Firearms defined.
For the purposes of this chapter “firearm” means and includes a “rifle,” “shotgun,” “pistol,” “revolver” and any other instrument which expels a metallic projectile, such as a BB or pellet, through the force of gunpowder, explosive, air pressure, CO2 pressure or spring action, or any spot marker or paint ball gun.
Chapter 15.55 – RULES AND REGULATIONS FOR CITY PARKS
15.55.040 – Rules.
Any person who, within the limits or upon any portion of the public parks or public grounds or buildings of the city, commits any of the following acts is guilty of an infraction and subject to immediate removal from the facility by any peace officer:
(13) Firearms. Discharging or possessing any firearms, air guns or slingshots, firecrackers, rockets, torpedoes or other fireworks, except safe-and-sane fireworks during the time such fireworks may lawfully be sold within the city.
Fontana,
ARTICLE IV. – WEAPONS >> DIVISION 1. – GENERALLY >>
DIVISION 1. – GENERALLY
Sec. 16-106. – Applicability.
Sec. 16-107. – Article supplemental to state law.
Sec. 16-108. – Discharge of firearms.
Sec. 16-109. – Sale of weapons or ammunition to minors.
Sec. 16-110. – Possession of firearms.
Sec. 16-111. – Replica firearms.
Secs. 16-112—16-130. – Reserved.
Sec. 16-106. – Applicability.
No portion of this article shall prohibit the possession of any firearm or any ordinary air rifle or pellet gun, or any ammunition for such weapons, if carried pursuant to a valid permit issued by a duly authorized government agency or lawfully carried for purposes of gun safety training, hunting, fishing or other lawful sport.
(Code 1968, § 32-1)
Sec. 16-107. – Article supplemental to state law.
The purpose in passing this article is to supplement state law regulating and controlling deadly weapons, Penal Code § 12000 et seq.
(Code 1968, § 32-2)
Sec. 16-108. – Discharge of firearms.
It shall be unlawful in the city to fire, discharge, shoot or operate or to assist or participate in the firing, discharging, shooting or operating of any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot or device designed or intended to discharge or capable of discharging any dangerous missile or any cartridge shell, ammunition or device containing any explosive substance devised or intended to be used or fired from any gun, revolver, pistol or firearm, except when it may be necessary so to do to protect life or property, or to destroy or kill any predatory or dangerous animal, or in the hunting of game with a shotgun within the boundaries of a hunting or game club or game farm when the pellets discharged from such shotgun do not exceed the size of number 2 shot, or in the enforcement of any law by any peace officer, and except when used at any pistol or rifle range in accordance with rules and regulations approved by the police department and the city council in connection with the operation of such pistol or rifle range.
(Code 1968, § 32-10)
State law reference— Discharge of firearms at dwelling houses and similar places, Penal Code § 246; shooting firearms from or upon public roads or highways, Penal Code § 374c.
Sec. 16-109. – Sale of weapons or ammunition to minors.
(a) No person shall sell, exchange, give or lend to any person under 18 years of age any snap blade, spring blade or gravity knife, gun, revolver, pistol or firearm of any description, or any spring gun or air gun or other device designed or intended to discharge any pellets, BB shot, shot or other deadly or dangerous missile, or any ammunition, cartridge, shell or other device, whether containing any explosive substance or not, designed and intended for use in any weapons enumerated in this article.
(b) No portion of this section shall prohibit the giving to, lending to or possession by a minor of any air rifle, pellet gun, rifle, shotgun or pistol, or any ammunition for such firearm, air rifle or pellet gun, for the purposes set forth in sections 16-106 and 16-135, nor prohibit the selling thereof for such purpose, provided the minor has the written consent of a parent or legal guardian.
(Code 1968, § 32-11)
Sec. 16-110. – Possession of firearms.
(a) No person, except those exempt by state or federal law, shall carry or possess within his immediate control any firearm, whether loaded or not, into or upon any city-owned building, premises or function.
(b) Nothing in this section shall prevent or prohibit a person from possessing a firearm in any of the following circumstances:
(1) For the purposes of registering it at the city safety service.
(2) At any range owned or operated by the city.
(c) No person, except those exempt by state or federal law, shall carry or possess within his immediate control any loaded firearm capable of being concealed upon his person within the city.
(d) A firearm shall be deemed loaded for the purpose of this section whenever both the firearm and unexpended ammunition capable of being discharged from such firearm are in the immediate possession of the same person.
(e) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on his person or in his vehicle while in any public place or on any public street within the city. Refusal to allow a peace officer to inspect a firearm pursuant to the provisions of this article shall constitute probable cause for arrest for violation of this article.
(Code 1968, § 32-12)
Sec. 16-111. – Replica firearms.
(a) As used in this section, the meaning of the term “firearm” shall be the same as the meaning of that term under the Dangerous Weapons Control Law of the state, and such term shall include air rifles, pellet guns and BB guns. A replica or facsimile of a firearm shall include any device or object made of plastic, wood, metal or any other material which can reasonably be perceived as an actual firearm. Such term does not include any non-firing replica of an antique firearm, the original of which was designed, manufactured and produced prior to 1898.
(b) No person shall manufacture, display, market for sale, distribute or sell a replica or facsimile of a firearm.
(c) Except in self-defense, no person shall draw, exhibit or brandish a replica or facsimile of a firearm or simulate a firearm in a rude, angry or threatening manner, with the intent to frighten, vex, harass or annoy any other person.
(d) No person shall draw, exhibit or brandish a replica or facsimile of a firearm or simulate a firearm in the presence of a peace officer, firefighter, emergency medical technician or paramedic engaged in the performance of his duties, when the person committing such brandishing knows or has reason to know that such technician or paramedic is engaged in the performance of his duties.
(e) This section shall not apply to the display of replica firearms solely for lawful use in theatrical productions, including motion picture, television and stage productions. Such devices shall not be displayed to the general public or sold for other use in the city, regardless of where manufactured or purchased.
(Code 1968, § 32-13)
Secs. 16-112—16-130. – Reserved.
Fowler,
Chapter 4 – FIREARMS
Sections:
5-4.01 – Discharging.
5-4.02 – Exceptions.
5-4.03 – Licenses.
5-4.01 – Discharging.
It shall be unlawful for any person to discharge any firearm or gun of any type or description propelling bullets, slugs, or BB shots by compressed air, spring action, or any other method of propulsion.
Chapter 1 – CITY PARKS AND RECREATION
10-1.05 – Rules and regulations.
(h) Weapons. No person shall have in his/her possession any firearm, air gun, slingshot, or bow and arrow in any park or public facility.
Fresno,
SEC. 5-502. – PROHIBITED ACTS IN PARKS.
Within the limits of any park, no person shall:
(q) Take into, exhibit or use in any park any firearm, air gun, sling shot, firecrackers, torpedoes, rockets, or other fireworks, or other articles of like character.
FRESNO COUNTY,
13.20.060 – Public meeting—Acts unlawful.
I. To carry or discharge any firearms, firecrackers, rockets, torpedoes or any other fireworks, or any air gun or slingshot, or other article of like character or to hunt, pursue, annoy, throw stones or other missiles at or molest and disturb in any way any animal, bird or reptile within the confines of the park;
Glendale,
9.24.055 – Firearms and weapons generally—Persons under age eighteen not to possess firearms, ammunition, etc.
No person under the age of eighteen (18) years shall have in his or her possession, care, custody or control in the city, any gun, revolver, pistol, spring or air gun, or firearm of any description, or any cartridge, shell or other device containing any explosive, or any cartridge, shell or other device designed and intended for use in connection with any gun, revolver, pistol or firearm of any description, or any ammunition of any description containing any explosive.
(Prior code § 11-13)
9.24.060 – Firearms and weapons generally—Permit required to discharge.
No person shall shoot or discharge any gun, pistol or other firearm or any air gun or pistol or any spring gun or pistol or any bow and arrow within the city, without first having obtained a written permit from the chief of police to do so.
Grand terrace,
Chapter 9.24 – GUNS
9.24.010 – Defined.
“Gun,” as used in this chapter, means any instrument of any kind or description which throws a bullet or missile for any distance by means of the elastic force of air or other explosive substance including, but not limited to, weapons using air or carbon dioxide (CO2) to propel a bullet or missile.
(Ord. 68 § 1, 1982)
9.24.020 – Shooting prohibited.
No person, except in self-defense, shall discharge, shoot, cause or allow the discharge or shooting of any rifle, shotgun, pistol, revolver or any other firearm, or any air gun, gas gun or any other weapon which emits a projectile as a result of pressure at the breech, or any crossbow, bow and arrow or slingshot within the city limits.
(Ord. 68 § 2, 1982)
9.24.030 – Possession by minors.
Any gun in the possession of a minor under the age of sixteen years in any place within the corporate limits of the city, except within the home of any such minor, is declared to be a nuisance and to be subject to immediate seizure and confiscation when found in the possession of any minor under the age of sixteen years who is not in charge and under the supervision of a parent or guardian.
(Ord. 68 § 3, 1982)
9.24.040 – Exceptions.
This chapter shall not apply to any regularly established gun or rifle club or shooting gallery, the location of which has been previously approved in writing by the city manager, nor to any person specially licensed by the city manager to destroy pests, nor to officers in the discharge of their official duties.
Grass Valley,
Chapter 9.20 – WEAPONS
Sections:
9.20.010 – Discharge of weapons.
9.20.020 – License for concealed weapons.
9.20.010 – Discharge of weapons.
It is unlawful to discharge any firearm or air gun, BB gun, or any toy gun, or any other device, projecting lead or any missiles excepting in a regularly established shooting gallery; provided, that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty; nor to any citizen from discharging a firearm when lawfully defending person or property.
Gustine,
ARTICLE 2. WEAPONS
Sec. 7-7-38. – Air rifles and similar devices.
Every person who discharges an air rifle, BB gun and pneumatic weapons of all types within the city limits, but excluding toy weapons incapable of harming either persons or property, such as water pistols and popguns, shall be guilty of an infraction unless written permission has been obtained beforehand from the chief of police. Such permission shall be given upon a showing that public peace and public safety will not be endangered.
Hemet,
Sec. 46-5. – Discharge of firearms.
(a) Definition. For purposes of this section, the term “firearm” is defined as any weapon capable of firing any projectile by use of air, gas, gunpowder or any explosion.
(b) Discharge prohibited. It shall be unlawful for any person to discharge any shotgun, revolver, rifle, air rifle, pellet gun or BB gun, or any other firearm, within the city.
(c) Exceptions. This section shall not apply to sworn police officers as defined by Penal Code §§ 830, 830.1, 830.2, 830.3, 830.31, 830.4, 830.5 and 830.6, federal law enforcement officers, military personnel during duly authorized times of military activity, or on-duty animal control officers.
D. Violations; penalty. Violation of this section shall be deemed an infraction, punishable in accordance with section 1-8
(Ord. No. 1356; Code 1984, §§ 10800—10803)
Hesperia,
Chapter 9.12 – WEAPONS
Sections:
9.12.010 – Discharge of firearms.
9.12.010 – Discharge of firearms.
A.
Except as hereinafter provided, it is unlawful to fire or discharge, or cause to be fired or discharged, within the city limits, any firearm, rifle, pistol, shotgun, or cannon, other than a B.B. gun, pellet gun, bow, crossbow, air rifle, gas operated gun, spring gun or slingshot, which discharges or propels any single solid projectile capable of causing injury.
B.
Except as hereinafter provided, it is unlawful to fire or discharge, or cause to be fired or discharged within the city limits, any firearm which discharges or propels multiple shot, any air gun, B.B. gun, pellet gun, gas operated gun, spring gun, slingshot, bow, crossbow, air rifle or any other weapon not described in subsection (A) of this section, which is designed to discharge or propel any single solid projectile capable of causing injury, within one hundred fifty (150) yards of any of the following:
2. Aircraft;
3. Airport;
4. Train, or any portion thereof,
4. Railroad track;
6. Domestic livestock;
7. Public street, road or highway;
8. Public easement normally utilized by motor vehicles, pedestrians, horseback riders, or bicyclists;
9. Any building, tent, motor home, trailer, or other temporary or permanent residence or encampment of persons, without written permission of the owner, tenant or occupant having right to possession thereof.
D. The provisions of this chapter shall not apply to peace officers when acting in the line of duty, persons otherwise lawfully acting to protect life or property, or to persons so firing or discharging in or upon a business establishment licensed by the city for such purposes.
(Ord. 250 (part), 1997; Ord. 60 § 3, 1989)
Imperial County,
11.08.020 – Possession of firearms in county recreational parks.
It is unlawful for any person to possess a gun within a county recreational park unless the gun is unloaded and is fully encased in a gun case.
(Prior code § 51402)
11.08.030 – Discharge of firearms in county recreational parks.
It is unlawful for any person, other than a peace officer acting in the official line of duty, to shoot, fire or discharge or cause or permit the shooting of any rifle, pistol, revolver, shotgun, bow and arrow, air or B-B gun upon, within, across or within fifty (50) yards of any county recreational park. This section shall become effective within the area of a county recreational park when signs as designated by the board of supervisors have been posted along the perimeter of such area at not less than five signs per mile and at all roads and trails entering such area, which signs shall give adequate warning notice of the provisions of this section.
12.32.180 – Firearms, air guns and other weapons.
No person other than peace officers in the discharge of their duties shall use, maintain, possess, fire or discharge any firearm, air gun, spring gun, bow and arrow, slingshot, or any other weapon potentially dangerous to wildlife or human safety, except in areas, at times, and under conditions designated by the director for such use.
Ione,
Chapter 9.12 – DISCHARGE OF FIREARMS
Sections:
9.12.010 – Permission of police chief required-Exceptions.
9.12.020 – Violation-Penalty.
9.12.010 – Permission of police chief required-Exceptions.
No person shall, without first obtaining permission from the chief of police of the city, shoot or discharge any pistol, gun or other firearms, or air rifle or air pistol or compressed gas or air pistol or guns, not necessary in self-defense, or in the performance of official duty within the city limits.
(Ord. 17 §l, 1953).
9.12.020 – Violation-Penalty.
Any person violating any of Section 9.12.010 shall be deemed guilty of a misdemeanor and, upon conviction for violation thereof, shall be punished by fine not exceeding one hundred dollars.
Irvine,
12.06.090 – Restriction against firearms and dangerous weapons.
No person shall have in his/her possession within Howard Park, and no person shall fire or discharge, or cause to be fired or discharged, across, in or into any portion of Howard Park any gun or firearm, spear, bow and arrow, cross bow, sling shot, air or gas weapon or any other dangerous weapon.
(Ord. 340 §1(part), 1993)
Sec. 4-14-103. – Discharge of firearms prohibited; exemptions.
A. Prohibition. It shall be unlawful for any person, other than peace officers and members of the armed forces and National Guard acting in their official line of duty, to shoot, fire or discharge, or for any person to cause or permit to be shot, fired or discharged, within the City, any rifle, shotgun, pistol, revolver or firearm, or BB gun, pellet gun and air rifle of any kind, except when it may be necessary to do so in order to protect life or property or to destroy or kill any predatory or dangerous animal.
B. Firing ranges exempted. The provisions of section 4-13-103A shall not be deemed nor construed to prohibit the establishment or maintenance of any pistol, rifle, or target range, nor to prohibit the discharge at any target thereon, by any person using such range, of any rifle, shotgun, pistol, revolver or firearm or BB gun, pellet gun and air rifle of any kind in or on such range, provided that such range is so installed, constructed, safeguarded, equipped, maintained, and used so as to adequately prevent any bullet, shot or missile from being projected beyond the confines of such range.
C. Hunting clubs exempted. The provisions of section 4-13-103A shall not be deemed nor construed to prohibit the establishment or maintenance of any hunting club, nor to prohibit the discharge, by any member or guest of such club, of any rifle, shotgun, pistol, revolver or firearm or BB gun, pellet gun and air rifle of any kind upon the premises thereof; provided, however, that said premises have first been approved for such use by the Planning Commission, and provided further that the premises shall be so operated and maintained as to adequately prevent any bullet, shot or missile from being projected beyond the confines thereof.
(Ord. No. 45, §§ 32.011—32.013, 9-26-72; Code 1976, §§ IV.L-103—IV.L-105)
Irwindale,
9.48.020 – Possession and use by minors—Prohibited.
Except, as otherwise provided in Section 9.48.030, no person under the age of eighteen years shall fire, discharge, shoot, or operate, or assist or participate in the firing, discharging, shooting, or operating, or have in his or her possession, care, custody, or control, any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot, or device designed or intended to discharge, or be capable of discharging, any dangerous missile, or any cartridge, shell, ammunition, or device containing any explosive substance, designed or intended to be used in or fired from any gun, revolver, pistol, or firearm.
(Ord. 72 § 1(part), 1959: prior code § 4142).
Chapter 9.16 – CONDUCT IN PUBLIC PARKS
9.16.20 – Prohibited activities.
9.16.21 E. To possess, carry or discharge any firearms, firecrackers, rockets, or any other fireworks, air gun, or slingshot.
Kern County,
Chapter 9.20 – WEAPONS
Sections:
9.20.010 – Discharging BB or other projectile device in grossly negligent manner—Punishment—Definitions—Firearms.
9.20.030 – Public parks.
9.20.010 – Discharging BB or other projectile device in grossly negligent manner—Punishment—Definitions—Firearms.
B. Except as otherwise authorized by law, any person who willfully or with gross negligence discharges or uses a BB device, bow and arrow device, slingshot or other instrument commonly used or which may be used for propelling or throwing any shot, arrow, rock or other missile in a grossly negligent manner which could result in injury to any person or property is guilty of an infraction and shall be punished by a fine of fifty dollars ($50.00).
C. For purposes of this chapter, the term “BB device” means any instrument that expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun.
D. Discharge of firearms or other dangerous weapons shall continue to be governed by and enforced under state and federal law.
(Ord. G-6756 § 3, 2001)
9.20.030 – Public parks.
It is unlawful for any person to discharge any firearm, BB device, bow and arrow device, slingshot or other instrument commonly used or which may be used for propelling or throwing any shot, arrow, rock or other missile within or upon the land or water area within the territorial limits of any public or recreational area owned, maintained or operated by the county, except in an area designated for that purpose after approval by the sheriff and the director of parks.
(Ord. G-6756 § 4, 2001)
KINGS COUNTY,
(No documented air gun ordinances) Hunting by permit.
CITY OF KINGSBURG,
Chapter 9.12 – FIREARMS
Sections:
9.12.010 – Firearms—Discharge prohibited.
9.12.020 – Exception.
9.12.030 – Confiscation.
9.12.010 – Firearms—Discharge prohibited.
No person shall fire or discharge any pistol, gun, rifle, any description of firearm, cannon, missile, rocket, or other device loaded with explosive or shot, or use any air gun, BB gun, or other device for the propulsion of shot or other similar substance within the city.
(Prior code § 54-0000)
9.12.020 – Exception.
Section 9.12.010 does not apply to any peace officer while engaged in the official discharge of his/her duties, nor to any citizen who may discharge a firearm while lawfully defending his/her person or property.
La Mesa,
Chapter 10.28 – FIREARMS
10.28.010 – Firearm defined.
As used in this chapter, the word “firearm” means any weapon, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosive. The word “explosive” includes, but is not limited to, compressed air.
(Ord. 641 § 3; August 9, 1955)
10.28.020 – Possession of firearm by infant.
No person under the age of eighteen shall be allowed to have in his possession within the city limits of the city of La Mesa any firearm presently capable of expelling a projectile.
9.08.151 – Weapons prohibited.
No person shall use, transport, carry, fire, or discharge any firearm, air gun, archery device, slingshot, or explosive device of any kind within a city park or recreational area.
La Palma,
Sec. 18-10. – Weapons—Discharging firearms.
No person shall discharge or set off within the city limits any gun, rifle, pistol, shotgun or other firearm or any air gun or other contrivance discharging or propelling shots, slugs, bullets, darts, arrows, rocks or other missiles.
The provisions of this section shall not apply to any peace officer or person summoned to aid or discharge any official duty or where such act is necessary for the protection of human life or property.
(Ord. No. 66, §§ 1, 2; Ord. No. 79-3, § 10.)
Lafayette,
Article 1. – Use of Firearms
8-601 – Definition of firearm.
In this Article 1, “firearm” means a gun, pistol, rifle, revolver, air rifle or air gun, b-b gun and bow and arrow or crossbow, or any other instrument of any kind, character or description which throws or projects a bullet or missile or substance by means of elastic force, air or explosive substance likely to cause bodily harm.
(Ord. 439 § 2 (part), 1995: Ord. 433 § 9 (part), 1994: Ord. 23 § 1 (part), 1968)
11-415 – Dangerous games and activities.
(d) Possess or discharge a paint gun, spear, bow and arrow, crossbow, slingshot, air or gas weapon, or other dangerous weapon within a park.
LAGUNA NIGUEL,
ARTICLE 2. – THREATS WITH REPLICA FIREARMS
Sec. 11-2-30. – Definitions.
Sec. 11-2-31. – Prohibited acts.
Sec. 11-2-30. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm has the same meaning as the meaning of that term under the state dangerous weapons control laws, and shall include air rifles, pellet guns or BB guns.
Replica firearm includes any device or object made of plastic, wood, metal or any other material which has the appearance of a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or any other firearm as that term is used under the provisions of Penal Code §§ 12001, 12001.5, 12020(d) (10) and 12570 sufficient to lead a reasonable person to believe that it is an actual operable firearm.
(Ord. No. 90-11, § 3, 3-6-90)
Cross reference— Definitions generally, § 1-1-18.
Sec. 11-2-31. – Prohibited acts.
Every person who, except in the defense of himself, of property or of others, draws, exhibits or brandishes a replica firearm in a rude or threatening manner, and causes another to reasonably feel threatened thereby, is guilty of a misdemeanor.
(Ord. No. 90-11, § 3, 3-6-90)
Sec. 11-2-1. – Discharge of firearms prohibited; exceptions.
Sec. 11-2-1. – Discharge of firearms prohibited; exceptions.
(a) It shall be unlawful for any person, other than a peace officer acting in his official line of duty, to shoot, fire or discharge, or for any person to cause or permit to be shot, fired or discharged, in the territory lying within the boundaries of the city, any rifle, shotgun, pistol, revolver or firearm, except when it may be necessary so to do to protect life or property, or to destroy or kill any predatory or dangerous animal.
(c) For purposes of this section, the term “firearm” shall also include any instrument which expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, CO2 pressure or spring action, or any spot marker gun.
(Ord. No. 90-11, § 3, 3-6-90; Ord. No. 92-56, § 2, 7-21-92)
Secs. 11-2-2—11-2-21. – Reserved.
Sec. 11-2-22. – Firing ranges.
The provisions of this article shall not be deemed or construed to prohibit, within the territory lying within the boundaries of the city, the establishment or maintenance of any pistol, rifle or target range, or to prohibit the discharge at any target thereon, by any person using such range, of any rifle, shotgun, pistol, revolver or firearm in or on such range, if such range is so installed, constructed, safeguarded, equipped and used as to adequately prevent any bullet, shot or missile from being projected beyond the confines of such range.
(Ord. No. 90-11, § 3, 3-6-90; Ord. No. 92-56, § 13, 7-21-92)
Sec. 11-2-23. – Firing over public highway.
It shall be unlawful for any person, other than a peace officer acting in his official line of duty, to shoot, fire or discharge, or for any person to cause or permit to be shot, fired or discharged, upon, along or across any public highway, road, street or way in the city, any rifle, shotgun, pistol, revolver or firearm, except when it may be necessary so to do in the protection of life or property.
(Ord. No. 90-11, § 3, 3-6-90)
Secs. 11-2-24—11-2-29. – Reserved.
Lake County,
ARTICLE I. – RESTRICTED AREAS
(Ord. No. 311, § 2, 1948)
Sec. 8-3. – Safety Zone.
3.1 It is unlawful for any person, other than the owner, person in possession of the premises, or a person having the express permission of the owner or person in possession of the premises, to hunt or to discharge while hunting or while target shooting or for any other purpose, any firearm, air gun, gas gun or other deadly weapon within one hundred and fifty-yards (150) of any occupied dwelling house, residence, or other building or any barn or other out-building used in connection therewith. This one hundred and fifty-yard (150) area is a “safety zone”. This provision is in addition to the safety zone provided for in Section 3004 of the Fish and Game Code.
(Ord. No. 776, § 2, 10-30-73; Ord. No. 2607, § 2, 10-01-2002)
Lake Forest,
Chapter 11.52 – FIREARMS AND OTHER PROJECTILE WEAPONS
Sections:
11.52.010 – Discharge.
11.52.020 – Use at ranges.
11.52.010 – Discharge.
It shall be unlawful for any person other than a peace officer acting in his official line of duty to shoot, fire or discharge, or for any person, firm or corporation to cause or permit to be shot, fired or discharged, in the City of Lake Forest, any rifle, shotgun, pistol, revolver, firearm, or projectile weapon, except when it may be necessary to do so to protect life or property, or to destroy or kill any non-protected or dangerous animal. For the purposes of this section, the term “projectile weapon” shall include a BB gun, (including those firing plastic BB’s, such as “air soft” weapons) pellet gun, slingshot, dart gun, bow and arrow, paint ball gun, spot marker gun, or any similar weapon which expels a projectile (such as a BB, pellet, arrow, dart or similar object) through the force of air pressure, CO2 pressure, bow action or spring action. This section shall not be applicable to tools that use small amounts of air pressure to drive nails or bolts.
(Ord. 171 § 1 (Ext. C (part)), 2007)
11.52.020 – Use at ranges.
Notwithstanding the restrictions established in Section 11.52.010, firearms and projectile weapons may be discharged at an established firing, shooting or target range, or hunting or gun club, or a properly constructed indoor or outdoor range on private property, with the consent of the owner or operator thereof, and provided that such range or club is operating legally. For purposes of this section, a range shall be deemed properly constructed if it is so installed, constructed, safeguarded, equipped and used as to adequately eliminate the risk that any bullet, shot or projectile will be projected beyond the confines of such range, when the range is properly used.
(Ord. 171 § 1 (Ext. C (part)), 2007)
Lancaster,
9.04.010 – Furnishing weapons to minors.
Except as otherwise provided in this chapter, it is unlawful in the city for any person, firm or corporation to sell, give, lend or in any way furnish or cause or permit to be sold, given, lent or in any way furnished to any person under the age of eighteen (18) years, any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot, or any device designed or intended to discharge or capable of discharging any dangerous missile.
9.04.030 – Discharge of firearms by minors.
Except as otherwise provided in Section 9.04.040, it shall be unlawful in the city for any person under the age of eighteen (18) years to fire, discharge, shoot or operate or to assist or participate in the firing, discharging, shooting or operation, or have in his or her possession, care, custody or control any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot or device designed to or intended to discharge or capable of discharging any dangerous missile or any cartridge, shell, ammunition or device containing any explosive substance designed or intended to be used in or fired from any gun, revolver, pistol or firearm.
9.04.060 – Discharge of weapon within city prohibited.
Except as otherwise provided in this chapter, a person shall not within the city, shoot any arrow or similar missile or fire, discharge, shoot or operate or assist or participate in the firing, discharging, shooting or operating of any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot, or device designed or intended to discharge or capable of discharging any dangerous missile or any cartridge, shell, ammunition or device containing any explosive substance designed or intended to be used in or fired from any gun, revolver, pistol or firearm.
9.04.090 – Replica firearms and firearms definitions.
A. As used in this chapter, the term “replica firearm” shall include any device or object made of plastic, wood, metal or any other material which is a facsimile or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm as that term is used under the provisions of the State Penal Code.
B. For purposes of this chapter, the meaning of the term “firearm” shall be same as the meaning of that term under the State Dangerous Weapons Control laws and shall include air rifles, pellet guns or BB guns.
(Prior code § 3-10.9)
9.04.100 – Threats with replica firearms.
Every person who, except in self-defense, in the presence of any other person, draws, exhibits or brandishes a replica firearm or who simulates a firearm in a rude, angry and threatening manner, or who in any manner, unlawfully uses the same in any fight or quarrel and causes the victim to reasonably believe that the person is actually in possession of an operable firearm is guilty of a misdemeanor.
(Prior code § 3-10.10) No portion of this article shall prohibit the possession of any firearm or any ordinary air rifle or pellet gun, or any ammunition for such weapons, if carried pursuant to a valid permit issued by a duly authorized government agency or lawfully carried for purposes of gun safety training, hunting, fishing or other lawful sport.
(Code 1968, § 32-1)
Lodi,
(No documented air gun ordinances)
LOMITA,
Sec. 3-3.01. – Minors—Furnishing weapons to prohibited.
Except as otherwise provided in section 3-3.04 hereof, it shall be unlawful in the City of Lomita for any person, firm or corporation, to sell, give, lend or in any way furnish, or to cause or permit to be sold, given, lent, or in any way furnished, to any person under the age of eighteen (18) years, any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot, or device designed, or intended, to discharge, or capable of discharging, any dangerous missile.
Sec. 3-3.02. – Same—Furnishing ammunition to prohibited.
Except as otherwise provided in section 3-3.04 hereof, it shall be unlawful in the City of Lomita for any person, firm or corporation, to sell, give, lend, or in any way furnish, or to cause or permit to be sold, given, lent, or in any way furnished, to any person under the age of eighteen (18) years, any cartridge, shell, ammunition or device containing any explosive substance, designed or intended to be used in or fired from any gun, revolver, pistol, or firearm.
Sec. 3-3.03. – Same—Discharge or possession of weapon by prohibited.
Except as otherwise provided in section 3-3.04 hereof, it shall be unlawful in said City of Lomita, for any person under the age of eighteen (18) years to fire, discharge, shoot or operate or to assist or participate in the firing, discharging, shooting, or operating, or to have in his or her possession, care, custody, or control, any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot, or device designed, or intended, to discharge, or capable of discharging, any dangerous missile, or any cartridge, shell, ammunition, or device containing any explosive substance, designed or intended to be used in or fired from, any gun, revolver, pistol, or firearm.
Sec. 3-3.04. – Same—Selling, giving, lending, possessing with consent or under supervision of parent or guardian.
Nothing in this chapter shall be deemed or construed to prohibit in said City of Lomita the selling, giving, lending or furnishing to any person under the age of eighteen (18) years, upon the written consent of a parent or guardian of said person, any article mentioned in sections 3-3.01 and 3-3.02 hereof; nor to prohibit any such person under the age of eighteen (18) years from having in his or her possession, care, custody or control any article mentioned in section 3-3.03 hereof; in the event that such possession, care, custody or control of such articles is had with the consent of the parent or guardian of such person and is under the direct supervision and control of some adult person.
(Ord. No. 207, § 1, 9-15-75)
Long Beach,
Sections:
9.52.010 – Sale of ammunition prohibited.
9.52.020 – Possession prohibited.
9.52.010 – Sale of ammunition prohibited.
No person as principal, agent or otherwise, shall sell, exchange, give or loan any BB shot, pellet, or other missile designed or intended for use in any spring gun, air gun, air pistol or other pistol or gun, or any cartridge, shell or other device containing any explosive and designed or intended for use in any gun, revolver, pistol, or firearm of any description to any person under the age of eighteen years.
(Prior code § 4180.5).
9.52.020 – Possession prohibited.
No person, as principal, agent or otherwise, under the age of eighteen years, shall have in his or her possession, care, custody or control, any gun, revolver, pistol, spring gun, air gun or firearm of any description, or any cartridge, shell or other device containing any explosive, and designed or intended for use in any gun, revolver, pistol or firearm of any description, or any explosive ammunition of any description whatsoever.
9.62.010 – Permit required.
No person shall shoot or discharge any gun, compressed air gun, rifle, pistol, or other firearm without first having obtained a written permit from the chief of police so to do; provided, however, that nothing contained in this section shall apply to the shooting or discharging of any gun, pistol or other firearm by any police officers or other law enforcement agent in the discharge of his or her official duties, nor to the discharge or shooting of firearms in any licensed shooting gallery, target or other gun or rifle range or any theatrical performance or exhibition.
(Prior code § 4130.5)
9.37.090 – Nuisance defined.
S. The discharge of any gun, compressed air gun, rifle, pistol or other firearm in violation of Chapter 9.62 of this Code.
Los Altos,
(No documented air gun ordinances)
Los Angeles County,
17.12.410 Shooting weapons prohibited.
A person shall not discharge or shoot any firearms, air gun, slingshot or bow and arrow anywhere on a beach. (Ord. 9767 Art. 3 § 34, 1969.)
Chapter 13.63 THREATS WITH REPLICA FIREARMS
13.63.010 Replica firearms and firearms–Definitions.
13.63.020 Unlawful activities involving replica or simulated firearms.
13.63.010 Replica firearms and firearms–Definitions.
A. As used in this chapter, the term “replica firearm” means and shall include any device or object made of plastic, wood, metal, or any other material, which is a facsimile or toy version of or is otherwise recognizable as a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm, as that term is used under the provisions of Sections 12001, 12001.5, 12020(d)(1) and 12570 of the State Penal Code.
B. For the purposes of this chapter, the meaning of “firearm” shall be the same as the meaning of that term under the State Dangerous Weapons Control laws, and shall include air rifles, pellet guns or BB guns. (Ord. 87-0145 § 1 (part), 1987.)
13.63.020 Unlawful activities involving replica or simulated firearms.
Every person who, except in self-defense, in the presence of any other person, draws, exhibits or brandishes a replica firearm, or who simulates a firearm in a rude, angry and threatening manner, or who in any manner unlawfully uses the same in any fight or quarrel and causes the victim to reasonably believe that the person is actually in possession of an operable firearm, is guilty of a misdemeanor. (Ord. 87-0145 § 1 (part), 1987.)
17.04.620 Firearms and other weapons.
A person shall not bring into, discharge, or shoot any firearms, air gun, slingshot, or bow and arrow in any park except at areas designated for such purpose by the director. (Ord. 10729 § 7, 1973: Ord. 10309 Art. 3 § 34, 1971.)
LOS GATOS,
Sec. 18.70.010. – Firearms, B-B guns, etc.—Discharge prohibited.
No person shall at any time, fire or discharge, or cause to be fired or discharged, any gun, air rifle, B-B gun, anvil, cannon, rifle, pistol or firearm of any kind. Violation of this section shall be a misdemeanor.
Sec. 18.70.020. – Same—Seizure and destruction when used in violation of section 18.70.010.
Any B-B gun, air rifle or firearm fired or discharged in the Town in violation of the provisions of section 18.70.010 is a public nuisance and shall be surrendered to the Chief of Police. The Chief of Police shall annually destroy or cause to be destroyed such firearms, unless the Town Council shall by direct resolution provide for the disposal of such firearms in a lawful manner other than by destruction thereof, or the judge of the court of record or the District Attorney of the County furnishes a certificate that the preservation thereof is necessary or proper to the ends of justice.
(Code 1968, § 17-11)
Sec. 18.70.025. – Permit to carry, shoot and discharge.
(b) The Chief of Police may issue a written permit to carry, shoot and discharge a weapon within the Town upon proof that the applicant for such permit is a person of good moral character and that good cause exists for the issuance of such permit as provided in this section.
(c) For the purposes of this section, “weapon” is defined as any shotgun, rifle, pistol or air rifle.
(d) Application for such permit shall be in writing upon forms furnished by the Town, signed by the applicant and filed in the office of the Chief of Police, which application shall state the name, occupation, residence and business address of the applicant; birth date, height, weight, color of eyes and hair; and the reason for desiring such permit. No permit shall issue to any minor unless a parent or guardian of such minor also signs the application therefor.
Sec. 18.70.030. – Sale to, possession, use by minors.
No person shall sell to any minor in the Town under the age of sixteen (16) years, and no person shall sell or give to any minor in the Town under the age of eighteen (18) years, without written consent of the minor’s parent or guardian, any rifle, gun, pistol, revolver, air rifle, B-B gun, or other similar instrument from or by means of which any bullet, shot or other missile of any kind may be projected. No such minor shall use or possess any rifle, gun, pistol, revolver, air rifle, B-B gun or other similar instrument from or by means of which any bullet, shot or other missile of any kind may be projected. The provisions of this section shall not apply to the possession of such firearms or other instruments by such minors in carrying or transporting such firearms or other such instrument, unloaded or broken down into, through or out of the Town or in bona fide shooting galleries, gun clubs or organizations or educational institutions authorized to give military instruction, while such firearms or other instrument are being used as a part of such instruction, nor to the possession of unloaded firearms, air rifles or other such instruments by any such minor as an employee of a merchant, when such possession is in the usual course of the minor’s employment. The provisions of this section shall not apply to cap pistols, dart guns or other similar toys.
(Code 1968, § 17-13)
Sec. 19.10.025. – Same—Behavior of persons in parks generally.
(10) Use, carry or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially dangerous to wildlife or to human safety. Shooting into park areas from beyond park boundaries is prohibited.
Madera County,
Chapter 9.94 – DISCHARGE OF FIREARMS, Public Areas;
Generally,
9.94.020 – Definitions.
The following definitions apply within this chapter:
B. “Firearm” means and includes pistols, rifles, shotguns, pellet guns, BB guns and all other instruments used in the propulsion of shot, shell, or bullets by the action of gunpowder exploded within it.
C. “Discharge” means to shoot.
Mammoth Lakes,
Chapter 9.08 – FIREARMS
9.08.020 – Definitions.
The following words and phrases used in this chapter are defined as follows:
“Firearm” means shotgun, rifle, pistol, crossbow, compressed air guns, pellet guns and BB guns, pistol or revolver from which shot, bullets or missiles are discharged by compressed air, explosive or combustible material, capable of propelling any shot, bullet or missile.
9.08.030 – Discharge of firearm or bow and arrow—Prohibited within city limits, (Generally).
Manhattan Beach,
Chapter 4.84 – MISCELLANEOUS OFFENSES—DISCHARGING WEAPONS
Sections:
4.84.010 – Permit required.
4.84.020 – Exceptions.
4.84.010 – Permit required.
It shall be unlawful for any person to shoot, fire, or discharge any gun, pistol, or other firearm or any air gun or slingshot, bow and arrow, or any other type of gun or weapon within the City without first having obtained a written permit from the Chief of Police so to do. The fee for a permit issued under this section shall be established by Council under separate resolution.
(§ 7, Ord. 1458, eff. June 17, 1976)
12.08.250 – Shooting.
No person shall discharge or shoot any firearms, air gun, slingshot or bow and arrow anywhere on a beach.
Marin County,
Chapter 6.32 – AIR RIFLES
Sections:
6.32.010 – Definitions.
6.32.020 – Restrictions on use.
6.32.030 – Exceptions.
6.32.040 – Penalty for violation.
6.32.050 – Nuisance declared—Confiscation.
6.32.060 – Severability.
6.32.010 – Definitions.
AIR RIFLE. The term “air rifle” is defined as any air rifle, B-B gun, air pistol or air gun, or similar instrument from or by means of which any bullet, shot, B-B or similar missile may be projected.
STRUCTURE. The term “structure” is defined as any building, residential or otherwise, used, normally used or available for use by human beings for purposes of inhabitation or business.
STREET. The term “street” is defined as any state highway, county highway, city street or public roadway used by the public or available to the public for use.
PERSON. The term “person” is defined as one under the age of eighteen years.
(Ord. 1219 § 1, 1962)
6.32.020 – Restrictions on use.
It shall be unlawful for any person to discharge an air rifle within five hundred feet of any structure or street.
(Ord. 1219 § 2, 1962)
6.32.030 – Exceptions.
The provisions of this chapter shall not be applicable:
(a)
When said person is in the immediate charge and presence of a parent, guardian or adult person having responsibility for the conduct of such person.
(b)
When said person is lawfully hunting pursuant to the provisions of the California Fish and Game Code and has in his possession a valid hunting license issued as prescribed in said code.
(c)
When the discharge occurs at a bona fide shooting gallery, target range, fun club, educational institution or military institution, organized, operated and supervised by adult personnel.
(d)
When said person is engaged in the necessary defense of his person or property.
(Ord. 1219 § 3, 1962)
6.32.040 – Penalty for violation.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding the sum of five hundred dollars or by imprisonment in the county jail of Marin County for a period not exceeding six months, or by both such fine and imprisonment.
(Ord. 1219 § 4, 1962)
6.32.050 – Nuisance declared—Confiscation.
Any air rifle discharged in violation of this chapter shall be deemed a public nuisance and shall be surrendered immediately to the sheriff of the county of Marin. Annually, the sheriff shall destroy or cause to be destroyed such air rifles unless the board of supervisors shall by resolution provide for the disposal of such air rifles in some other lawful manner.
(Ord. 1219 § 5, 1962)
6.32.060 – Severability.
If any section, provision, sentence, clause or phrase is for any reason declared to be invalid, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this chapter, or the chapter as an entity, it being the legislative intent that this chapter shall stand notwithstanding the invalidity of such section, sentence, clause or phrase.
(Ord. 1219 § 6, 1962)
Prior ordinance history: Ord. 991.
6.56.010 – Firearm defined.
The term “firearm” shall mean any gun, pistol, revolver, rifle, automatic pistol or rifle, shotgun, air rifle, spring-operated BB gun, or any other weapon of a similar nature.
(Ord. 1464 § 3, 1965: Ord. 994 § 1 (part), 1958)
6.56.020 – Trespass with firearm.
No person shall discharge or possess any firearms on or upon any lands belonging to or occupied by another unless he has in his possession the written permission of the owner of said lands or his agent or person in lawful possession thereof.
9.03.070 – Firearms, traps and other weapons.
No person shall possess, use, carry, discharge or cause to be discharged any gun, firearm or weapon while on lands or within facilities managed by the department, including any air or gas weapon, spring gun, spear, bow and arrow, crossbow, sling shot, animal trap, knife, explosive or any other form of weapon potentially dangerous to wildlife or human safety. No person shall discharge or cause to be discharged any firearm or weapon onto or across lands managed by the department from outside the boundary of such lands.
100.02.090 – Firearms, traps and other weapons.
No person shall possess, use, carry, discharge or cause to be discharged any gun, firearm or weapon while on district lands, including any air or gas weapon, spring gun, spear, bow and arrow, crossbow, sling shot, animal trap, knife with blade over five inches long, explosive or any other form of weapon potentially dangerous to wildlife or human safety. No person shall discharge or cause to be discharged any firearm or weapon onto or across district lands from outside the boundary of district lands.
10.03.070 – Firearms, traps and other weapons.
No person shall possess, use, carry, discharge or cause to be discharged any gun, firearm or weapon while within parks, including any air or gas weapon, spring gun, spear, bow and arrow, crossbow, sling shot, animal trap, knife with blade over five inches long, explosive or any other form of weapon potentially dangerous to wildlife or human safety. No person shall discharge or cause to be discharged any firearm or weapon onto or across parks from outside parks boundaries.
(Ord. 3418 § 2 (part), 2004)
Chapter 23.16 – PACHECO POND WILDLIFE AREA
(3) Use, carry or possess firearms of any description or air rifle, pellet gun, bow and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device.
Martinez,
9.92.010 – Minors Prohibited From Possession.
No person under the age of 18 years shall have in his possession on any public street, or public place in the City, any B.B. gun or air-operated pistol or rifle or firearm.
(Prior code § 3513a.)
9.92.050 – Minor to Carry Written Authorization When.
Whenever a person under the age of 18 years possesses, has custody and control of any B.B. gun, air-operated pistol or rifle or firearms, while going to or from such target range and while discharging or shooting at such target range, shall have in his immediate possession a signed, dated, written authorization from a parent or guardian to do so.
(Prior code § 3513e.)
9.96.010 – Use Prohibited.
No person shall discharge upon any public street, or in or upon any place or premises within the City, any gun by means of which any missile is projected by a spring, bow or compressed air, or use any implement whereby stones, beans, shot, pebbles or other substances are projected, and no person in the street or place shall hurl or throw any stone or other missile by means of any sling, or any mechanical or other device.
(Prior code § 3512.)
TITLE 9 FOOTNOTES
1. For statutory provisions regarding the giving of false reports to officials, see Penal Code § 148.1, 148.3—148.5.
2. For statutory provisions regarding gaming, see Penal Code § 330 et seq; for provisions on card rooms, see Chapter 5.48 of this Code.
3. For statutory provision authorizing cities to close streets for parades, see Vehicle Code § 21101.
5. For provisions on minors in public billiard rooms, see Chapter 9.32 of this Code, for provisions regarding minors and firearms, see Chapter 9.92 of this Code.
6. For statutory provisions regarding dangerous weapons, see Penal Code § 12000 et seq.
Issued: 3/94
Maywood,
Chapter 4 – WEAPONS
4-4.02 – Permit required to discharge guns.
No person shall fire, shoot, or discharge any gun, rifle, pistol, or other firearm, or any air gun, air rifle, or air pistol, or any spring gun, spring rifle, or spring pistol, or any carbon dioxide or other gas-operated gun, rifle, or pistol without having first obtained a written permit from the Chief of Police, except on an authorized range or when it may be necessary so to do to protect life or property.
(§ 1, Ord. 534)
Section 12020; or
(2) Any pistol for which the propelling force is classified as pneumatic, that is, of, or related to, compressed air or any other gases not directly produced by combustion.
Mendocino County,
Sec. 14.08.020 – Firearms Prohibited.
No person shall fire or discharge any firearm within a recreation area.
(Ord. No. 1137, adopted 1973; Ord. No. 3795 Sec. 1 (part), adopted 1991.)
Sec. 14.08.030 – Firearm Defined.
A firearm is any item defined by Section 12001 of the California Penal Code or any rifle, shotgun, BB gun, air gun, pellet gun, cannon, or any other weapon of similar nature designed to be used as a weapon, from which is expelled projectile by the force of any explosion or other form of combustion.
(Ord. No. 1137, adopted 1973; Ord. No. 3795 Sec. 1 (part), adopted 1991.)
CHAPTER 14.28 – USE OF COUNTY PARKS AND CAMPING PROHIBITION ON PUBLIC AND PRIVATE PROPERTY
This Chapter is enacted for the purpose of establishing general regulations governing the use of County parks by members of the public and to prohibit unauthorized camping on public and private property. The public areas within the County should be readily accessible and available to residents and the public at large. Private property within the County should be reserved for lawful use as approved of by the owner or person in lawful possession thereof.
Sec. 14.28.020 – Definitions.
(G) “Firearm” means any item defined by Section 12001 of the California Penal Code or any rifle, shotgun, BB gun, air gun, pellet gun, cannon, or any other weapon of similar nature designed to be used as a weapon, from which is expelled projectile by the force of any explosion or other form of combustion.
CHAPTER 10.04 – DEPARTMENT OF ANIMAL CARE AND CONTROL
(C) Pursuant to Penal Code Section 830.9, Animal Care and Control Officers are not Peace Officers but may exercise the powers of arrest of a Peace Officer as specified in Section 836 and the power to serve warrants as specified in Sections 1523 and 1530, and are authorized to carry firearms during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers pursuant to Penal Code Section 832. For the purposes of this subdivision, “firearms” includes capture guns, blowguns, carbon dioxide operated rifles and pistols, air guns, handguns, rifles, and shotguns.
(Ord. No. 4058 (part), adopted 2000.)
Mendota,
Chapter 12.20 – PARK AND RECREATION AREAS
12.20.150 – Weapons.
No person shall discharge or shoot any firearm, air gun, slingshot or bow and arrow in any park except at places designated and posted specifically for such purpose.
MERCED,
Chapter 9.20 – WEAPONS
9.20.010 – Discharge—Air guns, spring guns and slingshots.
It is unlawful for any person to shoot or discharge any air gun or air pistol, spring gun or spring pistol or slingshot or other device for discharging projectiles within the corporate limits of the city.
(Ord. 1317 § 1, 1980: prior code § 17.2).
9.20.020 – Discharge—Firearms.
A. No person shall shoot, fire or discharge, or cause or permit to be shot, fired or discharged, in the city, any rifle, shotgun, revolver or firearm of any kind.
B. The provisions of this section shall not apply to a peace officer nor to duly appointed animal control officers, acting within the scope and course of official duties, nor to city personnel authorized by the city engineer to control rodents by the use of firearms.
D. This section shall not be construed or deemed to prohibit:
2. The establishment or maintenance within the city of any pistol, rifle or target range, nor to prohibit the use of firearms on said range thereon, by any person using such range, if such range is so installed, constructed, safeguarded, equipped and used as to adequately prevent any bullet, shot or missile from being projected beyond the confines of such range;
3. The use of a shotgun in compliance with Section 9.44.010
(Ord. 1318 § 2, 1980: prior code § 17.32).
Milpitas,
Section 10 – Hearing Upon Confiscation: Appeal
V-10-10.00 –
V-10-11.00 – Sale or Lease of Air Gun—Warning Required
V-10-10.00
At any time within 30 days of the confiscation of an air gun by a police officer pursuant to Section V-10-7 of this Chapter, the owner of said air gun may request a hearing before the City Manager or his designee, seeking the return of said air gun. The City Manager or his designee shall be authorized to return said air gun to the owner upon satisfactory proof that: (a) the owner did not authorize or permit the unlawful use of said air gun or (b) the owner of said air gun was a minor who did not know at the time of said unlawful possession or use of the provisions of this Chapter, (c) for other just cause, and (d) in any event, that the return of the air gun is not likely to lead to a subsequent violation of this Chapter. Reasonable conditions to prevent the unlawful possession or use of said air gun may be imposed as a condition of its return. The decision of the City Manager or his designee shall be subject to appeal to the City Council under the provisions of Section I-20-5 of the Milpitas Municipal Code.
(Ord. 89.2, 8/6/85)
V-10-11.00 – Sale or Lease of Air Gun—Warning Required
11.01 Any person selling or leasing an air gun within the City:
a. shall have posted at the point of sale in a conspicuous location a sign with a length of not less than 14 inches and a height of not less than 14 inches, clearly printed with letters of not less than ¼ inch in height as follows:
WARNING
USE OF AIR GUNS IN THE CITY OF MILPITAS IS STRICTLY REGULATED BY LAW. BEFORE USING YOUR AIR GUN, PLEASE OBTAIN A COPY OF CHAPTER 10, TITLE V OF THE MILPITAS MUNICIPAL CODE AT THE POLICE DEPARTMENT, CITY HALL, MILPITAS
OR
b. shall deliver a legible copy of the above described warning to the buyer or lessee of said air gun.
11.02 In addition to such other remedies as are herein provided or as allowed by law for violation of this Chapter, the failure of any seller or lessor of an air gun to comply with this Section shall be grounds for rescission of the sale or lease of said air gun.
11.03 It shall be a defense to any action for rescission hereunder to produce a copy of the above-described warning, signed and dated by the buyer or lessee.
(Ord. 89.3, 12/17/85)
Section 2 – Definition
V-10-2.01 – Air Gun
V-10-2.01 – Air Gun
The term “air gun” as used in this Chapter includes, but is not limited to, any gas operated or air operated gun or rifle, BB or pellet gun or rifle, spring gun or rifle, or any other weapon of the same class. It shall not include toys incapable of harming either persons or property, such as water pistols, pop guns or cap guns which do not expel a pellet or a missile.
(Ord. 89 (part), 12/12/60)
Section 7 – Summary Abatement
V-10-7.00 –
V-10-7.00
Any police officer shall be empowered to summarily abate as a public nuisance the unlawful possession or use of any air gun by taking said air gun from the person violating the provisions of this Chapter and impounding it. All air guns impounded under the provisions of this Chapter shall be retained, destroyed or disposed of in accordance with the provisions of Section 12028 of the Penal Code of the State of California.
(Ord. 89 (part), 12/12/60)
Section 4 – Exceptions
The provisions of this Chapter shall not apply:
V-10-4.01 – Possession in One’s Home
V-10-4.02 – Authorized Possession at Other Times
V-10-4.03 – Possession by a Merchant
V-10-4.04 – Possession by a Police Officer
V-10-4.05 – Use at a Target Range
V-10-4.01 – Possession in One’s Home
To the possession of an air gun by any person while in his domicile.
(Ord. 89 (part), 12/12/60)
V-10-4.02 – Authorized Possession at Other Times
To the possession of an air gun by any person conveying it to or from his domicile and (a) the place where said air gun was purchased or was or will be repaired and while at said place of repair, (b) outside the City limits, and (c) at a target range approved by the Chief of Police.
(Ord. 89.2, 8/6/85)
V-10-4.03 – Possession by a Merchant
To the possession thereof while in the ordinary course of business of an air gun by a retail or wholesale merchant.
(Ord. 89 (part), 12/12/60)
V-10-4.04 – Possession by a Police Officer
To any police officer in the discharge of his duties.
(Ord. 89 (part), 12/12/60)
V-10-4.05 – Use at a Target Range
To the possession or use of an air gun at a target range approved by the Chief of Police.
(Ord. 89.2, 8/6/85)
Section 1 – Intent
The City Council of the City of Milpitas finds and declares that persons have and now are damaging or destroying public and private property through the use of various types of air guns, gas operated guns, pellet guns, BB guns or spring guns. Such weapons are often used indiscriminately by minors who have not and are not trained or supervised in the use of firearms and in necessary safety precautions or who lack sufficient experience to recognize the danger of the improper use of such weapons. Such weapons are often treated by the users as toys and are discharged near dwellings or places where other children or adults may be present, endangering eyesight or occasioning risks of other personal injury. Home and school windows, signs and street lights are used for target practice. The Council finds and declares that the possession or use of such weapons is a public nuisance. The Council finds and declares that the effective control of such weapons requires the prohibition of their possession or use, except as hereinafter provided, and requires regulations authorizing police officers of the City to impound such weapons when used or possessed in violation of this Chapter.
(Ord. 89 (part), 12/12/60)
Section 2 – Definition
V-10-2.01 – Air Gun
V-10-2.01 – Air Gun
The term “air gun” as used in this Chapter includes, but is not limited to, any gas operated or air operated gun or rifle, BB or pellet gun or rifle, spring gun or rifle, or any other weapon of the same class. It shall not include toys incapable of harming either persons or property, such as water pistols, pop guns or cap guns which do not expel a pellet or a missile.
(Ord. 89 (part), 12/12/60)
Section 3 – Possession and Use Unlawful
Except as hereinafter provided, it shall be unlawful for any person to possess or use any air gun within the City Limits of the City of Milpitas.
(Ord. 89 (part), 12/12/60)
Section 4 – Exceptions
The provisions of this Chapter shall not apply:
V-10-4.01 – Possession in One’s Home
V-10-4.02 – Authorized Possession at Other Times
V-10-4.03 – Possession by a Merchant
V-10-4.04 – Possession by a Police Officer
V-10-4.05 – Use at a Target Range
V-10-4.01 – Possession in One’s Home
To the possession of an air gun by any person while in his domicile.
(Ord. 89 (part), 12/12/60)
V-10-4.02 – Authorized Possession at Other Times
To the possession of an air gun by any person conveying it to or from his domicile and (a) the place where said air gun was purchased or was or will be repaired and while at said place of repair, (b) outside the City limits, and (c) at a target range approved by the Chief of Police.
(Ord. 89.2, 8/6/85)
V-10-4.03 – Possession by a Merchant
To the possession thereof while in the ordinary course of business of an air gun by a retail or wholesale merchant.
(Ord. 89 (part), 12/12/60)
V-10-4.04 – Possession by a Police Officer
To any police officer in the discharge of his duties.
(Ord. 89 (part), 12/12/60)
V-10-4.05 – Use at a Target Range
To the possession or use of an air gun at a target range approved by the Chief of Police.
(Ord. 89.2, 8/6/85)
Section 7 – Summary Abatement
V-10-7.00 –
V-10-7.00
Any police officer shall be empowered to summarily abate as a public nuisance the unlawful possession or use of any air gun by taking said air gun from the person violating the provisions of this Chapter and impounding it. All air guns impounded under the provisions of this Chapter shall be retained, destroyed or disposed of in accordance with the provisions of Section 12028 of the Penal Code of the State of California.
(Ord. 89 (part), 12/12/60)
Section 8 – Penalty
V-10-8.00 –
V-10-8.00
Any person violating any provision of this Chapter shall be guilty of an infraction under Section I-1-4.09-1 of the Milpitas Municipal Code and shall be punished as therein provided. Each day such a violation continues shall be regarded as a new and separate infraction.
(Ord. 89.2, 8/6/85)
Section 10 – Hearing Upon Confiscation: Appeal
V-10-10.00 –
V-10-11.00 – Sale or Lease of Air Gun—Warning Required
V-10-10.00
At any time within 30 days of the confiscation of an air gun by a police officer pursuant to Section V-10-7 of this Chapter, the owner of said air gun may request a hearing before the City Manager or his designee, seeking the return of said air gun. The City Manager or his designee shall be authorized to return said air gun to the owner upon satisfactory proof that: (a) the owner did not authorize or permit the unlawful use of said air gun or (b) the owner of said air gun was a minor who did not know at the time of said unlawful possession or use of the provisions of this Chapter, (c) for other just cause, and (d) in any event, that the return of the air gun is not likely to lead to a subsequent violation of this Chapter. Reasonable conditions to prevent the unlawful possession or use of said air gun may be imposed as a condition of its return. The decision of the City Manager or his designee shall be subject to appeal to the City Council under the provisions of Section I-20-5 of the Milpitas Municipal Code.
(Ord. 89.2, 8/6/85)
V-10-11.00 – Sale or Lease of Air Gun—Warning Required
11.01 Any person selling or leasing an air gun within the City:
a.
shall have posted at the point of sale in a conspicuous location a sign with a length of not less than 14 inches and a height of not less than 14 inches, clearly printed with letters of not less than ¼ inch in height as follows:
WARNING
USE OF AIR GUNS IN THE CITY OF MILPITAS IS STRICTLY REGULATED BY LAW. BEFORE USING YOUR AIR GUN, PLEASE OBTAIN A COPY OF CHAPTER 10, TITLE V OF THE MILPITAS MUNICIPAL CODE AT THE POLICE DEPARTMENT, CITY HALL, MILPITAS
OR
b. shall deliver a legible copy of the above described warning to the buyer or lessee of said air gun.
11.02 In addition to such other remedies as are herein provided or as allowed by law for violation of this Chapter, the failure of any seller or lessor of an air gun to comply with this Section shall be grounds for rescission of the sale or lease of said air gun.
11.03 It shall be a defense to any action for rescission hereunder to produce a copy of the above-described warning, signed and dated by the buyer or lessee.
(Ord. 89.3, 12/17/85)
Section 1 – Intent
The City Council of the City of Milpitas finds and declares that persons have and now are damaging or destroying public and private property through the use of various types of air guns, gas operated guns, pellet guns, BB guns or spring guns. Such weapons are often used indiscriminately by minors who have not and are not trained or supervised in the use of firearms and in necessary safety precautions or who lack sufficient experience to recognize the danger of the improper use of such weapons. Such weapons are often treated by the users as toys and are discharged near dwellings or places where other children or adults may be present, endangering eyesight or occasioning risks of other personal injury. Home and school windows, signs and street lights are used for target practice. The Council finds and declares that the possession or use of such weapons is a public nuisance. The Council finds and declares that the effective control of such weapons requires the prohibition of their possession or use, except as hereinafter provided, and requires regulations authorizing police officers of the City to impound such weapons when used or possessed in violation of this Chapter.
(Ord. 89 (part), 12/12/60)
Section 3 – Possession and Use Unlawful
Except as hereinafter provided, it shall be unlawful for any person to possess or use any air gun within the City Limits of the City of Milpitas.
(Ord. 89 (part), 12/12/60)
Section 4 – Definition
V-14-4.01 – Firearm
V-14-4.01 – Firearm
The term “firearm” as used herein includes, but is not limited to, any rifle, pistol, revolver, shotgun, air gun, BB gun or other type of gun from which a shell, shot, pellet, cartridge, bullet or other projectile is propelled by any force including, but not limited to, air, gas, explosion, spring, elasticity or leverage.
(Ord. 155 (part), 5/5/70)
Section 4 – Definition
V-14-4.01 – Firearm
V-14-4.01 – Firearm
The term “firearm” as used herein includes, but is not limited to, any rifle, pistol, revolver, shotgun, air gun, BB gun or other type of gun from which a shell, shot, pellet, cartridge, bullet or other projectile is propelled by any force including, but not limited to, air, gas, explosion, spring, elasticity or leverage.
(Ord. 155 (part), 5/5/70)
MISSION VIEJO,
Sec. 11.13.015. – Discharge of projectile weapons.
(a) It shall be unlawful for any person, other than a peace officer acting in his or her official line of duty, to shoot, fire or discharge, or for any person to cause or permit to be shot, fired or discharged, in the territory lying within the boundaries of the city, any projectile weapon, except as provided in subsection (b), or when it may be necessary so to do so to protect life or property, in accordance with applicable law, or to destroy or kill any predatory or dangerous animal. For the purposes of this section, the term “projectile weapon” shall include a BB gun, pellet gun, slingshot, dart gun, bow and arrow, paint ball gun, spot marker gun, or any similar weapon which expels a projectile (such as a BB, pellet, arrow, dart or similar object) through the force of air pressure, CO2 pressure, bow action or spring action. This section shall not be applicable to tools that use small amounts of air pressure to drive nails or bolts.
Sec. 11.13.020. – Firing range.
The provisions of this chapter shall not be deemed nor construed to prohibit, within any district created under the provisions of the article, the establishment or maintenance of any pistol, rifle or target range nor to prohibit the discharge at any target thereon, by any person using such range, of any rifle, shotgun, pistol, revolver or firearm in or on such range, in the event that such range is so installed, constructed, safeguarded, equipped and used as to adequately prevent any bullet, shot or missile from being projected beyond the confines of such range.
(Ord. No. 88-12, § 2(3-2-22), 6-27-88)
Modesto,
Article 11. – Firearm Ranges and Firearms
4-1.1114 – Firearms.
(b) It shall be unlawful for any person to fire or discharge any pistol, gun, rifle, firearm, cannon, anvil loaded with powder, bow, air gun or any other device whereby shot, bullets or other dangerous missiles are discharged or projected, within the City of Modesto. Provided, however, that any person may, in or upon his own premises, shoot dangerous animals where necessary for the protection of life or property. And further provided, that cannon or anvils may be discharged pursuant to the written permission of the Chief of Police.
(c) Provided, however, that nothing herein contained shall prohibit or prevent maintaining, operating and/or carrying on a pistol and/or rifle range where firing devices and cartridges are of a character and caliber approved by the Chief of Police and for which a permit has been issued pursuant to the provisions of this article.
(Added by Ord. 2212-C.S., § 1, 10-26-83)
4-1.1115 – Violation.
Except as otherwise provided herein, every violation of this article shall be an infraction.
(Added by Ord. 2212-C.S., § 1, effective 10-26-83)
12-4.202 – General Regulations Governing Use of Parks.
(7) To carry, bring into or ignite, fire or otherwise set off any firearms, air guns, slingshots, firecrackers or fireworks in any park except those fireworks which are part of organized and permitted special events for which prior written permission to use fireworks has been obtained from the Director.
Mono County,
Chapter 13.40 – PUBLIC USE OF CONWAY RANCH
13.40.030 – Signage.
13.40.010 – Definitions.
B. “County” means the County of Mono, a political subdivision of the State of California.
B. “Firearm” means a shotgun, rifle, pistol, crossbow, bow and arrow, compressed air gun, pellet 13.40.020 – Prohibitions.
C. Except as set forth below in subdivision (B), the following activities are unlawful and prohibited on Conway Ranch:
D. Entering or occupying the licensed fish-rearing and fishing area without the express permission of the county or its authorized agents, employees, contractors, lessees, or licensees.
E. Entering or occupying any portion of Conway Ranch outside of the licensed fish-rearing and fishing area at night.
F. Creating or using a campfire or any other fire.
G. Shooting, firing, or otherwise discharging a firearm, including but not limited to hunting and target practice gun, BB gun, or revolver from which shot, bullets, arrows, or other missiles are discharged.
Chapter 10.64 – FIREARM DISCHARGE
10.64.010 – Definitions.
The following words and phrases used in this chapter are defined as follows:
“Firearm” means shotgun, rifle, pistol, crossbow, bow and arrow, compressed air gun, pellet gun, BB gun, pistol or revolver from which shot, bullets or missiles are discharged.
“Peace officer” means any person authorized to act as a peace officer by the laws of the state of California.
“Person” means any individual, firm, corporation, partnership or unincorporated association, and includes the agents or employees thereof.
Montclair,
Chapter 9.12 – PUBLIC PARKS
9.12.150 – Games and activities.
D. Carrying, transporting, possessing, discharging, firing or shooting over, onto or through any park any firearm, air gun, bb gun, spring gun, slingshot, bow and arrow, crossbow, spear, fireworks, firecracker, rocket, explosive of any kind or any other form of weapon potentially dangerous to human beings or wildlife. This subsection shall not apply to law enforcement officers.
MONTE SERENO,
(No documented city ordinances for air guns/use/possession.)
Montebello,
Chapter 9.20 – WEAPONS
Sections:
9.20.010 – Discharging guns.
9.20.010 – Discharging guns.
No person shall, without first obtaining permission from the city council, shoot, fire or discharge, any pistol, rifle, gun or other firearm, or any pistol, rifle or gun operated by compressed air, or a spring device, including, but not limited to, B.B. or pellet guns, not necessary in self-defense, or in performance of an official duty within the city.
(Prior code § 4231)
12.24.030 – Dangerous weapons.
Chapter 12.24 – CONDUCT IN PUBLIC PARKS
A. No person shall have in his or her possession, or under his or her control, care or custody, any gun, revolver, pistol, firearm, simulated firearm, air gun, air rifle, pellet gun, B-B gun, slingshot or any device designed or intended to discharge or capable of discharging any dangerous missile. Nor shall any person have in his or her possession, or under his or her control, care or custody, any cartridge, shell, ammunition or device containing any explosive substance designed or intended to be used in or fired from any gun, revolver, pistol or firearm.
B. No person shall fire, discharge, shoot or operate, or assist or participate in the firing, discharging, shooting or operating of any gun, revolver, pistol, firearm, simulated firearm, air gun, air rifle, pellet gun, B-B gun, slingshot or any device designed or intended to discharge or capable of discharging any dangerous missile or object.
C. No person shall have in his or her possession, or under his or her control, care or custody, any switchblade, dirk, icepick, dagger, bow and arrow or any similar instrument or object that can be used to stab or injure others.
(Ord. 2092 § 1 (part), 1993: prior code § 4304 (c), (d))
Monterey,
11.88.030 – Discharge of firearm—Air gun or other device releasing a projectile in certain areas.
Except as provided in Section 11.88.080, no person shall shoot or discharge any firearm, or use any air or gas gun, sling, elastic, or spring gun, slingshot, bow, crossbow, dart, or any implement or mechanical appliance by which any bullet, shot, stone, dart or other projectile may be propelled, sprung, or thrown from one place to another, within that portion of the unincorporated territory of the County of Monterey described as follows:
A. All of the territory within the Carmel Valley Fire Protection District, formerly called Tularcitos Fire Protection District, Monterey County, California
11.88.040 – Discharge of firearm—Bow and arrow or air gun in certain areas.
Except as provided in Section 11.88.080, no person shall shoot or discharge any firearm, bow and arrow, slingshot, or air or gas gun, within that portion of the unincorporated territory of the County of Monterey.
MORAGA,
Chapter 9.04 – FIREARMS
Sections:
9.04.010 – Firearm defined.
9.04.020 – Unlawful to discharge firearm within town.
9.04.030 – Exceptions to prohibition.
9.04.040 – Violation—Penalty.
9.04.010 – Firearm defined.
In this chapter, “firearm” includes, but is not limited to, any rifle, pistol, revolver, shotgun, air gun, BB gun or other type of gun from which a shell, shot, pellet, cartridge, bullet or other projectile is propelled by any force including, but not limited to, air, gas, explosion, spring, elasticity or leverage.
12.08.050 – Firearms and dangerous weapons.
A. Restrictions. Except as provided in subsection B of this section, no person shall have in his or her possession within town parklands, and no person shall fire or discharge or cause to be fired or discharged across, in or into any portion of town parklands a gun or firearm, spear, bow and arrow, cross-bow, slingshot, air or gas weapon, or other dangerous weapon.
B. Exceptions. Subsection A of this section does not apply to the use of a bow and arrow in areas designated specifically for that activity.
(Prior code § 9-112)
Prohibition. Except as hereinafter provided, no person shall construct or maintain any spring gun, or any electric wiring device, designed or intended to injure and/or shock animals or persons, or any contrivance or apparatus for such purpose.
Morgan Hill,
Chapter 12.20 – CITY PARKS AND RECREATION BUILDINGS
K. Possession of Firearms, Weapons. Use, carry or possess firearms of any description, or air rifles, spring guns, bows and arrows, slings, or any other forms of weapons potentially dangerous to wildlife or human safety. Shooting into park areas from beyond park boundaries is prohibited.
Morro Bay,
Chapter 9.16 – DANGEROUS OR DEADLY WEAPONS
9.16.010 – Dangerous or deadly weapons—Defined.
The term “dangerous or deadly weapons” as used in this chapter includes, but is not limited to, any revolver, pistol, shotgun, rifle, or other firearm from which is expelled a projectile by the force of any explosion, or other form of combustion, and any air gun, B-B gun, gas operated gun, spring loaded gun, slingshot, hunting bow and arrow, blow gun, or any other device capable of catapulting, dispelling, or discharging any projectile, missile, or other object capable of causing injury or damage.
(Ord. 461 § 7 (part), 1997)
Mountain View,
SEC. 21.13. – Discharge of firearms, etc.—Prohibited; exceptions.
No person shall discharge within the city any cannon, anvil or firearm of any kind, or any air gun or other instrument which throws or projects bullets or missiles of any kind, to any distance, by means of the elastic force of air or any explosive substance, and no person shall make, use or have in his possession within the city any sling shot or other instrument or device by which missiles of any kind may be hurled or projected, or to use same in any manner to the danger of the injury of any property.
4. The firing of air guns, such as BB guns or pellet guns, when fired indoors for marksmanship training under adult supervision when there is no danger to others.
NAPA COUNTY,
(No air gun ordinances documented) Hunting by permit req.
NATIONAL CITY,
Chapter 10.68 – FIREARMS
Sections:
10.68.010 – Firing weapons prohibited.
10.68.010 – Firing weapons prohibited.
A. It is unlawful for any person to fire or discharge any pistol, gun or rifle or any description of firearms, or to discharge any air gun, bow or anvil loaded with any explosive, or any cannon within the city or along or upon the waterfront of the city or upon any of the tide waters within the city, or upon or from any wharf or pier within the city.
C. Provided, that nothing herein contained applies to or prevents the firing of salutes for men-of-war or other steamships or sailing vessels on San Diego Bay, nor the firing of guns under the authority of the United States, or of the state of California, nor to shooting galleries or target ranges.
D. Provided, further, that the council may issue by resolution, its permit or permits to any person or persons to shoot, fire or discharge guns, pistols, or firearms of any description upon such terms, under such conditions and for such time as it deems advisable, and which terms, conditions and time shall be set forth in such permit when exercising the privileges granted therein.
Provided, further, that the council has the authority by resolution to designate certain areas within the city in which it is lawful to shoot, fire or discharge guns, pistols or firearms upon such terms and under such conditions and for such time as it deems advisable.
(Ord. 1241 § 1, 1970: Ord. 22 § 1, 1888: Ord. 7 § 2, 1887)
10.08.010 – Replica or facsimile firearms—Brandishing prohibited.
10.08.030 – Definitions.
As used in this chapter:
A.
“Firearm” has the same meaning as the term “firearm” under the Dangerous Weapons Control Law of the State of California.
B.
“Replica or facsimile of a firearm” means any device or object made of plastic, wood, metal, or any other material which is a replica, facsimile, or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm. As used in this section, “replica or facsimile of a firearm” includes, but is not limited to, toy guns, movie props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms, or any other device which might reasonable be perceived to be a real firearm.
(Ord. 1938 (part), 1988)
10.08.040 – Violation—Misdemeanor.
Violation of this chapter shall be a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars and imprisonment for a period not to exceed one year or by both such fine and imprisonment.
(Ord. 1938 (part), 1988)
Chapter 10.52 – REGULATIONS FOR THE USE OF MUNICIPAL PARKS, PLAYGROUNDS AND GOLF COURSES
10.52.010 – Prohibited activities.
No person shall engage in any of the following acts within the premises of any city park, playground, golf course, or recreation facility:
A. Transport, carry, or discharge any firearm, weapon, air gun, slingshot, or explosive of any kind.
NEVADA CITY,
Chapter 9.12 – WEAPONS
9.12.010 – Prohibitions.
It is unlawful to discharge any firearm or air gun, BB gun, or any toy gun, or any other device, projecting lead or any missile except in a regularly licensed shooting gallery; provided, that this section shall not prohibit any officer of the law from discharging a firearm in the performance of his duty nor to any citizen from discharging a firearm when lawfully defending person or property. (Ord. 80-7 § 1, 1980)
9.12.020 – Violation—Penalty.
B. Violation of this chapter is an infraction.
C. Each infraction is punishable by:
1. A fine not exceeding fifty dollars for the first violation;
2. A fine not exceeding one hundred dollars for the second violation of this chapter within one year;
3. A fine not exceeding two hundred fifty dollars for each additional violation of this chapter within one year.
NEWARK,
Chapter 9.56 – DISCHARGING FIREARMS
9.56.010 – Dangerous weapon defined.
For the purposes of this chapter, “dangerous weapon” means any air rifle, B-B gun, air gun, sling, slingshot, or other instrument or device designed or intended to discharge or capable of discharging a missile of any kind.
(Ord. 153 § 1, 1979)
9.56.020 – Shooting within the city.
Every person who shoots a dangerous weapon in the city is guilty of a misdemeanor except:
B. If said shooting takes place on a lawfully operated shooting range, which shooting range has been approved by the planning commission and which operates in accordance with safety regulations approved by the chief of police;
C. A peace officer in the performance of an official duty.
(Ord. 153 § 2, 1979)
9.56.030 – Minors prohibited from carrying dangerous weapon—Exceptions.
No minor shall carry or have in his/her possession a dangerous weapon unless such person is in immediate supervision by an adult.
(Ord. 153 § 3, 1979)
Chapter 12.16 – PUBLIC PARK REGULATIONS
12.16.110 – Possession of firearms.
B. Except as provided in subsection B of this section, it shall be unlawful for any person, other than peace officers in the discharge of their duties, to use, carry or possess firearms, air rifles, BB guns, spring guns, bow and arrows, slings or any other form of weapon potentially inimical to wildlife and dangerous to human safety.
C. Bows and arrows may be brought to a park or facility for use at an established range or for participation in a city-planned or approved archery program.
(Ord. 108 § 11, 1967)
NIPOMO COMMUNITY SERVICES
DISTRICT,
(No documented air gun ordinances)
NOVATO,
14-4 – Discharge of Firearms.
14-4.1 Discharge of Weapons.
c. It shall also be unlawful for any person within the corporate city limits to discharge any air gun, B-B gun, blow gun, slingshot, bow and arrow or adaptation thereof, or other instrument of any kind, character or description which throws or projects bullets, pellets, or missiles of any kind to any distance by means of the elastic force of air, gas, rubber, or steel springs or by any other means, in any manner that endangers any person or is injurious to any property, or unreasonably infringes on any person’s privacy or enjoyment of property. In any event, it shall be unlawful to discharge any of the mentioned devices on or upon any lands belonging to or occupied by another, public or private, unless written permission thereof has been obtained and is in possession.
(Ord. No. 21, § 1)
14-4.2 Penalties. Any person violating subsection 14-4.1 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of fifty ($50.00) dollars or imprisonment in the county jail for a period of ten days, or both such fine and imprisonment.
(Ord. No. 21, § 2)
10-24 – Weapons.
No person shall discharge or shoot any firearm, air gun, slingshot or bow and arrow in any park except at places designated and posted specifically for such purpose.
(Ord. No. 396, § 24)
OAKLAND,
Article II. – Firearms and Weapons Violence Prevention
E. Certain varieties of air guns which fire BBs or pellets can fire projectiles at a velocity of over seven hundred (700) feet per second, well above the velocity required to cause injury to persons or property; and
H. Air-guns alone account for an estimated fifteen thousand (15,000) childhood injuries nationally per year.
I. One recent national study of injuries resulting from the use of non-powder guns (air rifles, BB guns, etc.) found that two-thirds of the victims were less than sixteen (16) years old.
9.36.070 – Definitions.
The following words and phrases, wherever used in this article, shall be construed as defined in this section:
B. “Firearms” means any device, designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion.
C. “Projectile weapon” means any device or instrument used as a weapon which launches or propels a projectile by means other than the force of an explosion or other form of combustion with sufficient force to cause injury to persons or property. A projectile weapon shall include, but not be limited to, air gun, air pistol, air rifle, gas-operated gun, BB gun, pellet gun, flare gun, dart gun, bow, cross-bow, slingshot, wrist rocket, blow gun, paint gun, or other similar device or instrument.
(Prior code § 2 11.03)
9.36.080 – Firing of projectile weapons and discharge of firearms.
It is unlawful for any person to at any time fire or discharge, or cause to be fired or discharged, any firearm or any projectile weapon as defined in this chapter, within the limits of the city.
(Prior code § 2 11.04)
9.36.120 – Firearms and projectile weapons—Exceptions.
A. The provisions of Section 9.36.080 relative to the use of firearms and projectile weapons shall not apply to or affect sheriffs, constables, marshals, police officers, or other duly appointed peace officers in the performance of their official duties, nor to any person summoned by such officer to assist in making arrests or preserving the peace while said person so summoned is actually engaged in assisting such officer; nor to persons who are by the United States Federal Government authorized to use such firearms and projectile weapons, nor to persons using said firearms and projectile weapons in necessary self-defense.
B. Use of firearms and projectile weapons within the city shall be unlawful pursuant to Section 9.36.080, except that use of firearms and projectile weapons may be permissible when integral to the pursuit of specific competitive and sporting events, including but not limited to events such as take place at shooting ranges, archery ranges and skeet shooting, upon issuance of a permit from the Chief of Police to persons conducting the event or engaged in the business of providing the location upon which such activities are to take place. The Chief of Police shall formulate criteria for the application, issuance, and renewal of such permits, and may require as a condition of approval the posting of any bond, or proof of adequate liability insurance.
D. The city, through the Department of Parks and Recreation or other city departments, may sponsor specific competitive and sporting events, including but not limited to events such as take place at shooting ranges, archery ranges, and skeet shooting, and is exempt from provisions of subsection B of this section for these purposes. Any person who seeks to conduct such an event on property under the jurisdiction of the city shall obtain approval from both the Chief of Police and the City Manager or a designee, prior to the issuance of a permit for engaging in such activities.
(Prior code § 2 11.08)
9.36.130 – Projectile weapons—Possession of by minors.
A. It is unlawful for any person under the age of eighteen (18) to have in his or her possession within the city limits of Oakland any projectile weapon, as defined in Section 9.36.070. Violation of this provision shall be punishable in the manner provided in Section 9.36.090D.
B. It is unlawful for any parent or legal guardian, or any person over the age of eighteen (18) years, to sell, give or loan to any minor in the city under the age of eighteen (18) years, or to allow such minor to possess, any device or instrument capable of launching a projectile, and/or the projectiles specifically intended to be launched by said device or instrument, as defined hereinabove. Violation of this provision shall be punishable in the manner provided in Section 9.36.090
E. Any device or instrument capable of launching a projectile, and/or the projectiles specifically intended to be launched by said device or instrument, which is in possession of a minor in violation of this article, is declared to be a nuisance, and shall be surrendered to the Police Department of the city. The Police Department, except upon the certificate of a judge of a court of record or of the District Attorney of Alameda county that the preservation thereof is necessary or proper to the ends of justice, shall destroy any such device or instrument.
(Prior code § 2 11.09)
Chapter 5.90 – SKATE PARK FACILITIES
5.90.010 – Definitions.
I. No knives, guns, air guns or weapons of any nature shall be permitted in any portion of the skate park.
THE CITY OF
OCEANSIDE,
(No ordinances of air guns/restrictions not documented).
OJAI,
CHAPTER 4 – DANGEROUS WEAPONS*
Sec. 4-4.01. – Discharge of firearms.
It shall be unlawful for any person to discharge any firearm within the limits of the City without first obtaining a permit from the Chief of Police; provided, however, the provisions of this section shall not apply to a law enforcement officer in the performance of his duty.
(Part 1, Ord. 500, eff. February 13, 1975)
Sec. 4-4.02. – Spring guns or air guns.
It shall be unlawful for any person to discharge any spring gun or air gun within the limits of the City without first obtaining a permit from the Chief of Police.
(Part 1, Ord. 500, eff. February 13, 1975)
Article 7. – Public Safety
Sec. 4-3.704. – Weapons.
No person shall use, carry, fire, or discharge any firearm, air gun, slingshot, or archery device of any kind across, in, or into a City park.
(Part 1, Ord. 568, eff. December 28, 1978)
ORANGE,
Chapter 12.48 – PARK REGULATIONS
12.48.050 – Prohibition on the Use of Firearms, Firecrackers and Dangerous Instruments.
No person shall:
B. Except an authorized law enforcement officer, bring, use, carry, or possess upon park property, other than at such firing ranges as may be specifically designated by the Director, any firearms of any description, or air rifles, bow-and-arrows, spring guns, slings, or any other forms of weapons potentially inimical to wildlife and dangerous to human safety.
C. Carry or discharge any firecracker, rocket, or torpedo or any other fireworks except as approved for that purpose by the Director.
D. Shoot into park areas from beyond park boundaries.
(Ord. 1-04 § 1, 2004)
County of
ORANGE,
ARTICLE 9. – PRIVATELY OWNED PARKS
Sec. 2-5-237. – Firearms, weapons, fireworks, replica firearms.
No person shall have any fireworks, firearms, replica firearms, air gun, BB gun, paint ball gun, slingshot or bow or hunting arrow or any weapon in his possession or in his vehicle, other than in a closed trunk, storage compartment or other area separated from the passenger section of the vehicle, in a designated park, nor shall any person discharge any firearm, fireworks or weapon or display any replica firearm upon or into any designated park.
(Ord. No. 99-22, § 1, 8-31-99)
ARTICLE 2. – RECREATIONAL AREAS IN GENERAL
No person shall have any fireworks, firearms, replica firearms, air gun, paint ball gun, BB gun, slingshot or bow or hunting arrow or any weapon in his possession or in his vehicle other than in a closed trunk, storage compartment or other area separated from the passenger section of the vehicle, in any park, beach or recreational area, nor shall any person discharge any firearm, fireworks or weapon or display any replica firearm upon or into any park, beach or recreational area; provided, however, that the Director may designate areas in which such activity is permitted.
ORANGE COVE,
(NO air gun ordinances/restrictions documented).
ORINDA,
Chapter 9.12 – WEAPONS
9.12.010 – Definitions.
In this chapter, “firearm” or “weapon” means any instrument or device which propels a shell, shot, pellet, cartridge, bullet, arrow or other projectile by any force including, but not limited to, air, gas, explosion, spring, elasticity or leverage, including, but not limited to, a gun, pistol, revolver, shotgun, air gun, bow and arrow with a pull of fifteen (15) pounds or more, cross bow and similar archery device.
(Prior code § 6-401)
9.12.020 – Unlawful to discharge firearm or weapon within the city.
No person may fire or discharge a firearm or weapon within the city, nor may a parent, guardian or person having the care, custody or control of a minor permit the minor to fire or discharge a firearm or weapon within the city.
Chapter 12.28 – PARKS
E. Possess or discharge any paint gun, spear, bow and arrow, crossbow, slingshot, air or gas weapon, or any other dangerous weapon within or into the boundaries of any park.
Orland,
9.12.010 – Discharge of firearms, air guns, and other weapons or devices.
It is unlawful for any person within the corporate limits of the city to discharge at any time within the city limits, any firearms of any kind, or any air gun, air rifle, pellet gun, slingshot, bean shooter, blowgun, or other weapon or device which fires, discharges or impels BB shot, rocks, pebbles, pellets, or other missiles with sufficient force to cause injury to any person, animal or living creature, or damage to property of any kind or nature, except by permit from the city council or the chief of police.
(Prior code § 5300)
Pacifica,
CHAPTER 14. – WEAPONS, HUNTING, AND TRAPPING
Sec. 5-14.01. – Firearms: Defined.
For the purposes of this chapter, “firearms” shall mean and include cannons, guns, pistols, revolvers, automatic pistols, rifles, shotguns, “BB” guns, air guns, pellet guns, or any other weapons of similar nature designed to discharge a projectile propelled by the expansion of a gas.
CHAPTER 9. – FISHING PIERS OWNED OR OPERATED BY THE CITY: REGULATIONS
Sec. 4-9.01.1. – Violations: Infractions.
(b) Unless otherwise provided, violations of this chapter, or any subsection of this chapter, shall be infractions punishable as set forth in Section 1-2.01 of this Code.
(c) The following violations of this chapter shall constitute misdemeanor offenses unless charged as infractions by the City Attorney pursuant to Title 1, Chapter 2 of this Code:
(1) Section 4-9.02(v), concerning the discharging or shooting of any firearm, air gun, slingshot or bow and arrow, and Section 4-9.02(k), concerning damage to or the displacement or removal of City owned or operated real or personal property.
Sec. 4-9.02. – Regulations.
It shall be unlawful for any person to perform, engage in or allow the occurrence of any of the following acts on any fishing pier owned or operated by the City:
(v) Discharging or shooting any firearm, air gun, slingshot or bow and arrow in any regulated area.
PARADISE,
Chapter 9.24 – AIR GUNS
9.24.010 – Definitions.
For the purposes of this chapter:
A. “Air gun” means any device which propels a BB shot or pellet by means of one or more compressed springs, or any compressed air, carbon dioxide or other gas. Such devices are commonly known as BB guns or pellet guns.
B. “Slingshot” means a hand-held device which utilizes elastic material to propel a missile. (Ord. 16 §1(L)(part), 1980: county code §15-30)
Chapter 9.24 – AIR GUNS AND SLINGSHOTS
9.24.010 – Definitions.
For the purposes of this chapter:
A.
“Air gun” means any device which propels a BB shot or pellet by means of one or more compressed springs, or any compressed air, carbon dioxide or other gas. Such devices are commonly known as BB guns or pellet guns.
B.
“Slingshot” means a hand-held device which utilizes elastic material to propel a missile. (Ord. 16 §1(L)(part), 1980: county code §15-30)
9.24.020 – Carrying.
It is unlawful to carry upon any public road or highway any device described in Section 9.24.010 when it contains its shot. (Ord. 16 §1(L)(part), 1980: county code §15-30.1)
9.24.030 – Discharge.
It is unlawful to discharge any air gun or slingshot:
A. From, onto or across a public road or highway;
C. Onto or while upon the private property of another without the owner’s consent. (Ord. 16 §1(L)(part), 1980: county code §15-30.2)
9.24.040 – Violation—Penalty.
Anyone violating the provisions of Sections 9.24.020 or 9.24.030 shall be punished by a fine not exceeding five hundred dollars or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment; provided, nevertheless, that any such aforesaid violation or offense may be deemed an infraction as defined by Section 19C of the California Penal Code and charged as such in the discretion and at the election of the town prosecuting attorney, in which event the punishment therefor shall not be imprisonment but a fine not to exceed the amounts specified by Government Code Section 36900 as then in effect. Every day any violation of any provision of this chapter continues constitutes a separate offense. (Ord. 76 §7, 1982: Ord. 16 §1(L)(part), 1980: county code §15-30.3)
PASADENA,
9.76.020 – Air guns and archery equipment.
No person shall carry any air guns, bows and arrows or other type of archery equipment in the city, except when going to or from a place particularly designed for such use; nor shall said equipment be discharged except in places particularly designed for said use and approved by the police department of the city.
(Ord. 4309 § 2, 1953)
9.76.030 – Violation—Penalty.
Any person, firm or corporation violating any of the provisions of this chapter is deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00, or by imprisonment in the city jail for a period of not more than 6 months, or by both such fine and imprisonment.
(Ord. 4309 § 4, 1953)
PERRIS,
9.56.020 – Firearm—Defined.
“Firearm” as used in Sections 9.56.030 through 9.56.040 includes the following: Cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, air gun, pellet gun and any other weapon designed to discharge one or more projectiles propelled by the expansion of gas.
(Ord. 293 § 2, 1966).
9.56.030 – Firearm—Discharge prohibited.
It is unlawful for any person to shoot or discharge any firearm within the city.
County of
PLUMAS,
(No documented air gun restrictions/State laws may apply County-wide).
POMONA,
DIVISION 1. – GENERALLY
Sec. 34-81. – Discharge of firearms.
(a) Any person who discharges, causes, permits or allows to be discharged any firearm, simulated firearm, air gun, air pistol or slingshot is guilty of a misdemeanor; provided.
Port Hueneme,
Chapter 6 – DISORDERLY CONDUCT
3508 – Discharging guns.
No person shall shoot, fire or discharge any pistol, rifle, gun or other firearm, or any pistol, rifle or gun operated by compressed air, or a spring device, including, but not limited to, B.B. or pellet guns, not necessary in self-defense, or in performance of an official duty within the City.
3513 – Discharging firearms prohibited.
Every person, other than a police or peace officer in the performance of his duty, who discharges any gun or pistol, however powered, in the City, including without limitation thereby firearms, air rifles, BB guns, and pneumatic arms of all types, but excluding toy weapons incapable of harming either persons or property, such as water pistols and pop guns, is guilty of a misdemeanor.
3514 – Replica of a deadly weapon.
Every person who displays, exhibits or points a replica of a deadly weapon in a rude, angry or threatening manner or who displays, exhibits or points a replica of a deadly weapon in a fight or quarrel or who displays, exhibits or points a replica of a deadly weapon at another person to coerce or frighten said person or to compel or attempt to compel said person to adopt a particular course of conduct or who in any manner unlawfully uses a replica of a deadly weapon in the course of any violation of law is guilty of an infraction. A replica of a deadly weapon shall include, but not be limited to, a toy weapon that appears to be a deadly weapon.
Chapter 1 – GENERAL REGULATIONS
4019 – Prohibited acts designated.*
Except as specified and conditioned by Resolution of the Council, it shall be unlawful for any person within the limits or upon any portion of the public facilities or buildings of the City to commit any of the following acts:
(l) Discharging any firearms, firecrackers, rockets, torpedoes, or other fireworks or air guns or slingshots.
PORTOLA,
9.80.010 – Firearm discharge unlawful.
It is unlawful for any person to fire or discharge any gun, cannon, rifle, pistol, firearm, air rifle, or weapon of any kind within the city limits. On conviction of any person for violation of this provision the instrument or instruments so discharged unlawfully within the corporate limits of said city shall be subject to confiscation. All remedies prescribed under this section shall be cumulative, and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions thereof; provided, however, the foregoing provision shall not apply to peace officers in the discharge of their regular duties, or to the operation of a bona fide shooting gallery.
PORTOLA VALLEY,
9.08.010 – Firearm defined.
For the purpose of this chapter, “firearm” shall mean any cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, air gun, pellet gun or any other weapon of similar nature designed to discharge a projectile propelled by the expansion of gas.
(Ord. 2008-376 § 1, 2008)
9.08.020 – Discharge of firearms prohibited; exceptions.
A. No person shall discharge or fire any firearm within the town except as provided in subsection B. below of this section.
B. The provisions of subsection A. above shall not apply to:
2. Sheriffs, constables, marshals, policemen, or other peace officers, or any person summoned by any such officers to assist in making arrests or preserving the peace, or persons who are members of the armed services of the United States, or the National Guard, while such persons are acting in the lawful discharge of their duties;
3. Persons using firearms in the lawful defense of self, third-persons, or the user’s property.
(Ord. 2008-376 § 1, 2008)
RANCHO CUCAMONGA,
Chapter 9.04 – WEAPONS
9.04.010 – Discharging firearms prohibited.
It is unlawful to fire or discharge, or cause to be fired or discharged, within the city any firearm, rifle, pistol, shotgun, cannon, air rifle, air gun, b.b. gun, pellet gun, gas operated gun, spring gun, or any weapon designed to discharge any dangerous missile; provided, however, the provisions of this section shall not apply to peace officers when acting in the line of duty, and, provided further, that this section shall not apply to any person otherwise lawfully acting in the due protection of life or property.
(Ord. 60 § 1, 1979)
9.04.020 – Discharging arrows prohibited.
It is unlawful for any person to discharge, release, or shoot any arrow or shaft from any bow, crossbow, or similar device within the city except upon a range or other area approved by the city council for such activity.
(Ord. 60 § 2, 1979)
9.04.030 – Possession of weapons by minors.
It shall be unlawful for any person under the age of eighteen years to have in his or her possession, custody, or control any of the weapons described in Sections 9.04.010 and 9.04.020 unless he or she either possesses a valid California hunting license, or is accompanied by a parent or guardian.
(Ord. 60 § 3, 1979)
9.04.040 – Violation—Penalty.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail, not exceeding six months, or by both such fine and imprisonment.
(Ord. 60 § 4, 1979)
RANCHO PALOS VERDES,
Chapter 9.08 – WEAPONS
Sections:
9.08.010 – Discharge prohibited.
9.08.020 – Allowing discharge prohibited.
9.08.010 – Discharge prohibited.
Except as otherwise provided in this chapter, it shall be unlawful within the boundaries of the city for any person to fire, discharge, shoot or operate or to assist or participate in firing, discharging, shooting or operating any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot or device designed or intended to discharge or capable of discharging any dangerous missile or any cartridge, shell, ammunition or device containing any explosive substance designed or intended to be used in or fired from any gun, revolver, pistol or firearm.
(Ord. 85U § 1 (part), 1976: Ord. 62U § 1 (part), 1974)
9.08.020 – Allowing discharge prohibited.
Except as otherwise provided in this chapter, it shall be unlawful for any person, firm or corporation to cause or permit to be fired, discharged, shot or operated any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot or device designed or intended to discharge or capable of discharging any dangerous missile or any cartridge, shell, ammunition or device containing any explosive substance designed or intended to be used in or fired from any gun, revolver, pistol or firearm within the boundaries of Rancho Palos Verdes.
(Ord. 85U § 1 (part), 1976: Ord. 62U § 1 (part), 1974)
9.08.030 – Minor—Possessing weapons.
Except as otherwise provided in this chapter, it shall be unlawful within the boundaries of the city for any person under the age of eighteen years to have in his or her possession, care, custody or control any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot or device designed or intended to discharge or capable of discharging any dangerous missile or any cartridge, shell, ammunition or device containing any explosive substance designed or intended to be used in or fired from any gun, revolver, pistol or firearm.
RANCHO SANTA MARGARITA,
(No documented air gun restrictions)
REDDING,
Chapter 10.60 – SALE TO AND POSSESSION BY MINORS
(Prior code § 19-19)
10.60.020 – Possession.
It is unlawful for a person under eighteen years of age to have in his possession within the city limits beyond the confines of his own home any pistol, firearm, air gun, CO2 gun, shotgun, air rifle, pellet gun, slingshot or any other instrument which throws a missile for any distance by means of the elastic force of air or any explosive substance, except while escorted by an adult.
(Prior code § 19-35.1)
REDWOOD CITY,
Sec. 37.7. – FIREARMS AND WEAPONS—DISCHARGE PROHIBITED:
No person shall, within the City, discharge or fire or cause to be discharged or fired any firearm, cannon, anvil, gun, pistol, revolver or explosive of similar nature, rifle, shotgun, air rifle, air gun, BB gun, pellet gun, blow gun, slingshot, rubber sling, bow, cross bow, or other instrument, device or apparatus by means of which bullets, missiles or propellants of any kind or description are hurled or projected any distance, except that this Section shall not apply to the cases set forth in the following Section.
(Ord. No. 731, § 1; Ord. No. 1605, § 1, 6-17-74)
Rialto,
9.22.010 – Discharge—Permit required.
It is unlawful for any person to shoot or fire off any gun, pistol or air rifle within the city, except an officer of the law in the discharge of his/her duty, without a permit to do so first being had and obtained from the chief of police. (1965 code Title XI, Ch. 4, § 4(A)
Chapter 2.45 – PARK AND RECREATION FACILITY REGULATIONS
2.45.010 – Purpose.
The purpose of this chapter is to establish rules and regulations for use of park and recreation facilities in the city, and to revoke Resolution No. 1648 of the city council and all other previously adopted resolutions regarding rules and regulations for use of park and recreation facilities in the city.
(Ord. 1225 (part), 1995)
G. Weapons. No person shall have in his/her possession any firearm, air gun, slingshot, or bow and arrow in any park or public facility.
Richmond,
Chapter 11.24 – FIREARMS DISCHARGE
Sections:
11.24.010 – Discharge of firearms prohibited.
11.24.020 – Permit required to use Richmond municipal rifle range.
11.24.010 – Discharge of firearms prohibited.
(a) It shall be unlawful for any person to discharge any firearm, air gun, air rifle, or other gun or device discharging by the use of powder, air, or springs, any bullet or shot of any kind, or any sling or sling-shot, in the city of Richmond.
Chapter 11.12 – DANGEROUS WEAPONS
11.12.010 – Defined.
As used in this chapter, “dangerous weapon” includes, but is not limited to:
11.12.020 – Possession of dangerous weapons prohibited.
It is unlawful for any person to carry upon his person or to have in his possession or under his control any dangerous weapon; provided, that it shall be a defense to any prosecution for a violation of this chapter if, at the time of the alleged violation, the instrument or device alleged to be a dangerous weapon was in good faith in his possession or control for use in his lawful occupation or employment or for the purpose of recreation; and provided further, that the provisions of this chapter shall not apply to the commission of any act which is made a public offense by any law of this state.
RIDGECREST,
Article 9. – Firearms
4-9.102. – Firing of Shotguns and Firearms Prohibited.
Except as otherwise provided in this section, a person shall not shoot, fire or discharge, or shall not cause or permit to be shot, fired or discharged, in the City, any rifle, shotgun, revolver, BB gun, or pellet gun, or firearm of any kind.
(Ord. No. 89-20, § 9; Ord. No. 90-01, § 9)
RIVERSIDE COUNTY,
Article 2. – Use and Discharge by Minors
9.20.100 – Firearm defined.
The word “firearm,” as used in this article, includes the following: cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, air gun, pellet gun and any other weapon designed to discharge one or more projectiles propelled by the expansion of gas.
(Ord. 502.1 § 1, 1989)
Article 1. – General Use
ROCKLIN,
(No air gun restrictions documented).
ROHNERT PARK,
Chapter 9.88 – DISCHARGE OF FIREARMS
9.88.010 – Prohibitions designated—Exceptions.
A. It is unlawful for any person in the city to use or discharge any rifle, gun, pistol, revolver, air rifle, BB gun, or other instrument from or by means of which any bullet, shot or other missile of any kind may be projected.
C. The provisions of this section shall not apply to the use of firearms in bona fide shooting galleries, gun clubs, or organizations or educational institutions authorized to give military instruction, while such firearms are being used as a part of such instruction.
D. The director of public safety may issue a permit, or permits, to any person or persons to use, shoot, fire or discharge BB guns or air rifles upon such terms and under such conditions and for such time as he deems advisable, and which terms, conditions and time shall be set forth in such permit. The person shall have upon his person such permit when exercising the privileges granted therein.
E. Nothing contained in this section shall apply to or prevent the use and firing of firearms by duly appointed peace officers while acting within the scope of their employment or in the performance of their duties as peace officers, nor shall the lawful use of any firearm in the defense of one’s person, family, or property be prohibited.
(Ord. 176 § 1, 1972)
9.88.020 – Penalties.
Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof is subject to the fines, penalties and other provisions of Chapter 1.16 of this code.
(Ord. 288 § 1, 1975: Ord. 176 § 1, 1972)
ROLLING HILLS ESTATES,
Chapter 9.04 – OFFENSES AGAINST PUBLIC PEACE AND DECENCY
9.04.030 – Guns—Discharging restrictions.
No person shall shoot, fire or discharge any pistol, rifle, gun or other firearm or any pistol, rifle or gun operated by compressed air, or a spring device including, but not limited to, B.B. or pellet guns, not necessary in self-defense, or in performance of an official duty within the city.
(Prior code § 578)
Chapter 12.24 – PARK USE REGULATIONS
12.24.030 – Firearms.
No person shall have in his possession in any public park any firearm, air gun, slingshot, bow and arrow or B-B gun, nor shall any person discharge or shoot any firearm, air gun, slingshot, bow and arrow or B-B gun within any public park within the city.
ROSEMEAD, (No air gun restrictions/ordinances documented)
SALINAS,
Sec. 24-6.1. – Toy weapon peddling prohibited.
No person shall peddle any toy weapon or item that is representative or a model of any weapon.
(a) For the purposes of this section “peddle” is defined as going from house to house or place to place, or in or along the streets, within the city, selling and making immediate delivery, or offering for sale and immediate delivery, of any goods, wares, merchandise or anything of value, in possession of the peddler, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities.
(b) For the purposes of this section “weapon” is defined as a gun, pistol, dirk, dagger, switchblade, knife, shotgun, rifle, air gun, air pistol, slingshot, firearm, knuckles, revolver, BB gun, spring gun, bow and arrow, bayonet, razor and any device designed to project a missile of any type with such force or velocity as to be unsafe or dangerous to any person or property.
(Ord. No. 2288 (NCS), § 1.)
Sec. 24-7. – Penalties.
Any person violating any provision of this chapter shall be guilty of a misdemeanor. Each such act of solicitation shall constitute a separate offense.
Sec. 21-41. – Same—Firing, etc., prohibited generally; exceptions.
No person, except in necessary self-defense, shall fire or discharge any shotgun, rifle, pistol, air-gun, air-pistol, slingshot, firearm, or gun; but this provision shall not apply to peace officers in the discharge of their official duty, or to persons firing at a target in a duly licensed shooting gallery, or to persons engaging in trap-shooting under a permit therefor granted by the council.
(Ord. No. 718 (NCS), § 1.)
SAN ANSELMO,
Chapter 5 – GUNS, WEAPONS, AND EXPLOSIVES
4-5.01 – Discharge of guns, weapons, and explosives prohibited.
It shall be unlawful for any person within the City to discharge any pistol, firearm, air gun, musket gun, or instrument of any kind, character, or description which throws or projects bullets or missiles of any kind to any distance by means of elastic force of air or any explosive substance. It shall be unlawful for any person to make, use, or have in his possession any slingshot or other instrument or device by which missiles of any kind or description are hurled or projected or in any manner use the same to the danger or annoyance of any person or injury to property in the City, except in a regularly and properly constructed shooting gallery.
(§ 1, Ord. 9)
San Bernardino,
*( Air gun laws/ordinances either undocumented or not categorized under current codes)
Contact: San Bernardino, CA FOR MORE INFORMATION REGARDING AIR GUNS.
300 North D. Street
San Bernardino, CA 92418
(909)384-5242
SAN BUENAVENTURA,
ARTICLE 1. – DISCHARGE OF WEAPONS
Sec. 8.100.120. – Spring guns or air guns.
It shall be unlawful for any person to discharge a spring gun or air gun within the limits of the city, whether negligently, recklessly or intentionally; provided, however, that this section shall not apply to a law enforcement officer in the performance of duty, to any discharge at a pistol range or at a location approved in writing by the chief of police, or to a situation of self-defense or similar legally privileged use of such a gun.
(Code 1971, § 5212)
ARTICLE 3. – BRANDISHING REPLICA OF FIREARM PROHIBITED
Sec. 8.100.310. – Definition.
Replica or facsimile of a firearm as used in this article shall include, but is not limited to, toy guns, starter pistols, air guns and inoperative firearms or any other device which might reasonably be perceived as representing a real firearm.
(Code 1971, § 5231)
Sec. 8.100.320. – Use of replica of firearm prohibited.
It is unlawful for any person to brandish a replica or facsimile of a firearm in a rude, angry or threatening manner, whether negligently, recklessly or intentionally, with the intent to frighten, vex, harass or annoy any other person. (Code 1971, § 5232)
SAN CLEMENTE,
(No documented air gun restrictions/ordinances available)
County and State laws on air gun possession/use should be considered.
SAN FERNANDO,
ARTICLE VI. – WEAPONS
Sec. 50-256. – Permit to discharge firearms.
(a) Required. No person shall fire, shoot or discharge any gun, rifle, pistol or other firearm or any air gun, air rifle or air pistol or any spring gun, spring rifle or spring pistol or any carbon dioxide or other gas-operated gun, rifle or pistol without having first obtained a written permit from the chief of police.
Sec. 50-257. – Sale to minors.
(b) No person shall sell, exchange, give or loan to any person under 18 years of age any slingshot; any snap-blade or spring-blade knife; any gun, revolver, pistol or firearm of any description; any spring gun or air gun or other device designed or intended to discharge any pellets, BB shot or other deadly or dangerous missile; or any ammunition, cartridge, shell or other device, whether containing any explosive substance or not, designed or intended for use in any weapons enumerated in this subsection.
(c) This section shall not be construed to prohibit any person from selling, exchanging, giving or loaning to any such minor any of the weapons described in subsection 50-256(a) or the ammunition or projectile therefor, where such person receives and keeps on file written permission to do so from one of the parents or legal guardian of such minor on the form and in the manner prescribed in this subsection for the purpose of enabling the minor to engage in shooting or discharging weapons as provided in subsection 50-256(a) or for the purpose of engaging in legitimate sport or recreation outside the city. The written permission referred to in this subsection shall be on a form prescribed by the chief of police, and the form shall be filled in and executed by one of the parents or the legal guardian of such minor and such minor at the police department in the presence of a police officer.
(Code 1957, § 29.12)
Sec. 50-258. – Possession by minors.
(a) No person under 18 years of age shall have in his possession, care, custody or control any article or thing mentioned in section 50-257
(d) This section shall not be construed to apply to a minor under the age of 18 years where such minor has in his possession the written permission therefor from one of such minor’s parents or such minor’s legal guardian on the form prescribed in section 50-257 when engaged in shooting or discharging weapons as provided in subsection 50-256(a) or when traveling to and from any of the places mentioned in subsections 50-256(c)(1), (2) and (3) or when engaged in legitimate sport or recreation outside the city.
SAN JOAQUIN,
MH-4-1200 – SPECIFIC REGULATIONS.
The following rules and regulations apply to all public parks except as otherwise stated.
(t) Weapons. Except as otherwise authorized by law, no person shall use, maintain, possess, or discharge any firearm, air gun, spring gun, bow and arrow, sling shot or any other weapon potentially hazardous to wildlife or human safety within the boundaries of any park or within two hundred (200) feet thereof. It shall be unlawful to shoot any of the aforementioned weapons into or across the park. The foregoing provisions shall not apply to persons employed by the MHCSD, any city, the County, the State or by the United States to destroy predatory animals or birds or beasts as defined in the Food and Agricultural Code when acting in the course of their employment. Persons permitted to possess firearms, other than peace officers in the course of their employment, must register all firearms and other weapons with the MHCSD, identifying type, number, and amount of ammunition and location of weapon storage while within the park.
2-8003 – RULES AND REGULATIONS APPLICABLE TO PARKS.
(e) Weapons. Except as otherwise authorized by law, no person shall use, maintain possess or discharge any firearm, air gun, spring gun, bow and arrow, sling shot or any other weapon, potentially hazardous to wildlife or human safety within the boundaries of any park or within two hundred (200) feet thereof. It shall be unlawful to shoot any of the aforementioned weapons into or across the park. The foregoing provisions shall be inapplicable to the operation and use of shooting, firing or archery ranges or to other areas that have been designated by the Department for the use of firearms nor shall they apply to persons employed by any city, the County, the state or by the United States to destroy predatory animals or beasts as defined in the Food and Agricultural code when acting in the course of their employment. Persons permitted to possess firearms, other than peace officers in the course of their employment, must register all firearms and other weapons at the park entry station, identifying type, number, and amount of ammunition and location of weapon storage while within the park.
SAN JUAN CAPISTRANO,
CHAPTER 14. – WEAPONS
Sec. 5-14.01. – Firearms: Discharging.
It shall be unlawful for any person to discharge or set off any gun, rifle, pistol, or other firearm or any air gun, slingshot, or other contrivance discharging shots, slugs, darts, arrows, rocks, or other missiles when used in a manner likely to endanger life or property.
SAN LUIS OBISPO COUNTY,
Chapter 7.35 – DISCHARGE OF FIREARMS
7.35.010 – Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(b) “Firearm” means rifle, shotgun, pistol, revolver, spring gun, air gun or gas gun or other device from which any shot, bullet or projectile is discharged by force of gunpowder or other explosives, including projectiles which carry or contain their own fuel and are propelled by reaction.
(c) “Public places” means public parks, campgrounds, beaches and other public lands owned by the county of San Luis Obispo. In addition, any other place that is open to common use and participation and enjoyment or, a place where the public has a right to go and to be which is open to the free and unrestricted use of the public and, any of said other places where signs forbidding shooting are displayed at intervals not less than three to the mile along all said places.
(d) “Highway” means any highway as defined under Sections 24 and 25 of the Streets and Highways Code of the State of California.
(Ord. 2327 § 1 (part), 1987)
Chapter 11.20 – NACIMIENTO LAKE
11.20.180 – Firearms and other weapons.
(a) No person shall, within the Nacimiento recreation area, possess, use, or discharge any firearm, pellet gun, bow and arrow, crossbow, slingshot, or missile launching device.
SAN MATEO COUNTY,
Chapter 3.52 – FIREARMS
3.52.010 – Definition of “firearms”.
Firearms is defined as a cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, “BB” gun, air gun, pellet gun or any other weapon of similar nature designed to discharge a projectile propelled by the expansion of a gas.
(Prior code § 3250.0; Ord. 1047, 03/02/54)
3.53.10 – Possession of firearms on County property prohibited.
(b) Firearm. “Firearm” is any gun, pistol, revolver, rifle or any device, designed or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion. “Firearm” does not include imitation firearms or BB guns and air rifles as defined in Government Code Section 53071.5.
Chapter 3.68 – COUNTY PARK AND RECREATION AREA RULES
(o) Firearms and Dangerous Weapons. Except as provided in subsection (p) and subsection (q), no person shall have in his possession within any County Park or Recreation area, or on the San Francisco Fish and Game Refuge, and no person shall fire or discharge, or cause to be fired or discharged, across, in, or into any portion of any County Park or Recreation area, or on the San Francisco Fish and Game Refuge, any gun or firearm, spear, bow and arrow, cross bow, slingshot, air or gas weapon or any other dangerous weapon.
SAN RAFAEL,
Chapter 8.10 – PARKS AND RECREATION
F. Prohibited in Parks.
Guns and Dangerous Instruments. No person, except those persons listed in California Penal Code Section 12031(b) and 12031(c), shall have in his/her possession in any park, building or portion thereof, any dangerous weapon, bow and arrows, pellet or air gun, slingshot, crossbow, firearm, or destructive device as that term is defined in Section 12301 of the Penal Code or similar items.
SAN RAMON,
B7-248. – Possession of firearms, pellet guns and similar weapons by minors.
No minor shall possess or use any of the following listed firearms, weapons and/or instruments except under the direct supervision and control of the minor’s parent or legal guardian, or an adult authorized by said parent or legal guardian.
B. Any firearm or weapon which propels a projectile of any size by explosive force;
C. Any instrument which propels a shot or pellet by air, gas, spring, elasticity or leverage;
D. Any bow and arrow with a pull of fifteen pounds or more, cross bow or similar archery device.
(Ord. 239 § 1 (part), 1993)
B7-249. – Sale of ammunition to minors prohibited.
No person shall sell or give to any minor any ammunition capable of being used in any firearm, BB gun, pellet gun, air guns or gas-operated guns unless the minor is accompanied by his or her parent or legal guardian, or an adult authorized by said parent or legal guardian.
(Ord. 239 § 1 (part), 1993)
B7-250 through B7-252. Reserved. –
B5-26. – Firearms and weapons.
No person other than peace officers in the discharge of their duties shall use, maintain, possess, fire or discharge any firearm, air gun, spring gun, bow and arrow, slingshot or any other weapon potentially dangerous to wildlife or human safety, except in areas, at times, and under conditions designated by the director for such use. Violations of this section shall be punishable under the applicable provisions of Chapter 44, Section 4.004 of the Contra Costa County Code, and shall be punishable as a misdemeanor as provided under those applicable sections of the county code.
(Ord. 163 § 1 (part), 1989)
City of
SANGER,
(No documented air gun ordinances)
SANTA ANA,
Chapter 31 – RECREATION, PARKS AND PLAYGROUNDS
Sec. 31-2.5. – Firearms and dangerous instruments.
(a) No person, except an authorized law enforcement officer, shall bring onto park property, other than at such firing ranges as may be specifically designated by the director, any firearm or ammunition, any explosive, dynamite cap, fireworks, air gun, pellet gun, spring gun, slingshot, bow and arrow, or any other dangerous instrument.
(c) No person shall discharge any weapon or dangerous instrument in a park other than at a firing range as specifically designated by the director for such purpose.
(Ord. No. NS-1572, § 6, 4-20-81)
SANTA BARBARA,
Santa Barbara County, California, Code of Ordinances >> CHAPTER 14A – FIREARMS—GENERALLY >>
CHAPTER 14A – FIREARMS—GENERALLY
Sec. 14A-1. – Definitions.
Sec. 14A-2. – Shooting, discharging etc., prohibited—Where posted.
Sec. 14A-3. – Same—In inhabited areas of Los Padres National Forest.
Sec. 14A-4. – Same—Within one-quarter mile of buildings in certain areas.
Sec. 14A-5. – Same—Near houses or places of human habitation.
Sec. 14A-6. – Same—When intoxicated.
Sec. 14A-7. – Same—Persons liable for personal injury or property damage.
Sec. 14A-8. – Same—Exemptions—Police and public officials.
Sec. 14A-9. – Same—Same—Protection of life and property; predatory animals.
Sec. 14A-10 – Same—Same—When no danger is involved.
Sec. 14A-11. – Shooting ranges—Generally.
Sec. 14A-12. – Same—Permit required.
Sec. 14A-13. – Enforcement of chapter.
Sec. 14A-1. – Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Air gun. Includes any B-B gun, pellet gun or any other gun operated by compressed air or compressed gas, and shall include both rifles and pistols.
Firearm. Includes rifle, shotgun, pistol or revolver or other device from which any shot, bullet or projectile is discharged by force of gunpowder or other explosive, including projectiles which carry or contain their own fuel and are propelled by reaction.
Spring Gun. Includes any gun, rifle or pistol in which a spring or springs furnishes the power to propel the pellet, B-B, bullet or other projectile.
(Ord. No. 1793, §§ 1 to 3)
Sec. 14A-2. – Shooting, discharging etc., prohibited—Where posted.
Except as otherwise provided in this chapter, it is unlawful to shoot, fire or discharge, or permit or cause to be shot, fire or discharged, any firearm, air gun or spring gun in any area in the Los Padres National Forest in the county, which areas are posted against shooting by authorities of the National Forest.
(Ord. No. 1793, § 4)
Sec. 14A-3. – Same—In inhabited areas of Los Padres National Forest.
Except as otherwise provided in this chapter, it is unlawful to shoot, fire or discharge, or cause or permit to be shot, fired or discharged, any firearm, air gun or spring gun in or into any inhabited or developed place or established camps in the Los Padres National Forest in the county.
(Ord. No. 1793, § 5)
Sec. 14A-4. – Same—Within one-quarter mile of buildings in certain areas.
Except as otherwise provided in this chapter, it is unlawful to shoot, fire or discharge, or cause to be shot, fired or discharged, any firearm, air gun or spring gun within one-quarter mile of any dwelling, habitation or other building or structure for human occupancy within the following areas; provided, however, that shooting may be done within one-quarter mile of a dwelling or building on agricultural parcels in excess of twenty acres if the prior consent of the owner or occupant of any such dwelling or building is first obtained, and if there is no other dwelling or building for human occupancy within one-quarter mile:
(a) District No. 1, South Coast Area. All that territory within the exterior boundaries described as follows:
The county boundary with Ventura at Rincon Creek on the east; the ridge line of the coastal range of the Santa Ynez Mountains on the north; the low tide line of the Pacific Ocean on the south and Tecolote Canyon on the west.
(Ord. No. 1793, § 7)
Sec. 14A-5. – Same—Near houses or places of human habitation.
It is unlawful to shoot, fire or discharge, or cause or permit to be shot, fired or discharged, any firearm, air gun or spring gun within one hundred fifty yards of any house or place of human habitation without the express permission of the owner or person in possession of such house or place of human habitation.
(Ord. No. 1793, § 13)
Sec. 14A-6. – Same—When intoxicated.
It is unlawful to shoot, fire or discharge any firearm, air gun or spring gun while intoxicated. A blood alcohol reading of .05 percent or a refusal to submit to a blood alcohol test shall each be considered prima facie evidence of intoxication.
(Ord. No. 1793, § 14)
Sec. 14A-7. – Same—Persons liable for personal injury or property damage.
Except as otherwise provided in this chapter, it is unlawful, without the consent of the owner or person lawfully in possession, to shoot, fire or discharge, or cause or permit to be shot, fired or discharged any firearm, air gun or spring gun on, at or into publicly owned structures, buildings or improvements, personal property or equipment, or on, at or into private property of any kind, real or personal, or to damage any such public or private property.
If any such private or public property is shot or damaged without the consent of the owner, the person causing such shooting or damage shall be liable to the owner for the amount of such damages.
Any person causing damage or injury to any person or to any property, public or private, as a result of a violation of this chapter is liable for damages to the person or persons injured or to the owner or owners of any property so damaged.
(Ord. No. 1793, §§ 6, 15)
Sec. 14A-8. – Same—Exemptions—Police and public officials.
This chapter does not apply to any peace officer or public officer acting in his official line of duty.
(Ord. No. 1793, § 8)
Sec. 14A-9. – Same—Same—Protection of life and property; predatory animals.
This chapter, except as otherwise provided, does not prohibit the discharge of any firearm, air gun or spring gun or shooting of any other missile when necessary so to do to protect life or property, or to destroy or kill any predatory or dangerous animal.
(Ord. No. 1793, § 9)
Sec. 14A-10 – Same—Same—When no danger is involved.
This chapter does not prohibit the discharge of any air gun or spring gun, or plastic or wax projectile propelled by primer only, entirely within the confines of any house or other building which is of such construction that no pellet, B-B or other missile so discharged can escape from the confines of such house or building and the shooting is done in such manner as not to endanger any person and is done with the consent of the owner or person in possession of such house or building.
(Ord. No. 1793, § 12)
Sec. 14A-11. – Shooting ranges—Generally.
The provisions of this chapter shall not be deemed or construed to prohibit, within any district or area created under the provisions of this chapter or elsewhere in the unincorporated area of the county, the establishment or maintenance of any pistol, rifle or target range approved by the board of supervisors or, in the National Forest, by the forest supervisor, nor to prohibit the discharge at any target thereon, by any person using such range, of any firearm, air gun or spring gun in or on such range, in the event that such range is so installed, constructed, safeguarded, equipped and used as to adequately prevent any bullet, shot or missile from being projected beyond the confines of such range.
(Ord. No. 1793, § 10)
Sec. 14A-12. – Same—Permit required.
No range for the shooting of any firearm, air gun or spring gun, or other similar weapon, may be established or maintained without a permit issued by the board of supervisors or, if the proposed range is in the National Forest, without a permit from the forest supervisor.
Before the board of supervisors shall issue any such permit, it shall require a report from the sheriff, the county fire chief and the planning director.
The board of supervisors may, in granting any such permit, impose any reasonable conditions to protect the public health, safety and welfare.
If a range for which a permit has been granted becomes unsafe, the permit may be revoked by the board of supervisors.
(Ord. No. 1793, § 11)
Sec. 14A-13. – Enforcement of chapter.
Any peace officer and the district ranger, officers and foresters of the United States government, the state forester, the state game warden, the county director of parks and any of their agents or deputies are hereby authorized to enforce the provisions of this chapter.
(Ord. No. 1793, § 18)
County of
SANTA CLARA,
ARTICLE 1. – FIREARMS AND WEAPONS
Sec. B14-31.1. – Firearms and weapons.
(b) No person shall have in his possession, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on or into County park lands any weapon, spear, missile, sling shot, trap or hunting device, air or gas weapon, throwing knife or axe, or any other weapon or device capable of injuring or killing any person or animal, damaging any property or natural resource, except in areas established for such use or while in direct transit to or from such areas and available parking .
(c) Violation of Subsection (a) shall be punishable as a misdemeanor.
(d) No person shall have in their possession air guns or paintball guns in any park, except in areas established by the Director for target practice or while in direct transit to or from such areas.
(e) No person shall discharge air guns or paintball guns in any park except in areas established by the Director for target practice.
(f) The Director shall establish rules and regulations for the use of archery, shotgun, rifle and pistol ranges. Rules and regulations pertaining to the use of the ranges and areas designated for such use that have been established by the Director shall be clearly posted at each range, and copies of the rules and regulations shall be placed on file in the office of the Clerk of the Board of Supervisors.
(g) No person shall violate any rule or regulation established pursuant to this section.
(Ord. No. NS-702.89, § 2, 12-18-01; Ord. No. NS-702.91, § 9, 9-25-07)
CITY OF
SARATOGA,
6-15.090 – Weapons; sale to persons under eighteen years of age.
(b) No person shall sell or give to any minor in the City who is at least sixteen years of age but not over the age of eighteen years, without the written consent of the parent or legal guardian of such minor, or to any minor under the age of sixteen years, any rifle, gun, pistol, revolver, air rifle, BB or pellet gun, crossbow, slingshot, or other instrument of any kind from which or by means of which any bullet or other missile of any kind may be projected capable of causing bodily harm.
(c) Any violation of this Section shall constitute a misdemeanor.
6-15.100 – Discharge of weapons.
(a) No person shall fire or discharge, or cause to be fired or discharged in the City, nor shall a parent, guardian or person having the custody or control of a minor permit such minor to fire or discharge or cause to be fired or discharged in the City, any rifle, gun, pistol, revolver, air rifle, BB or pellet gun, crossbow, slingshot, or other instrument of any kind from which or by means of which any bullet or other missile of any kind may be projected capable of causing bodily harm.
(b) Article 11-05 – GENERAL PROVISIONS
(h) Use, carry or possess any firearm of any description, or air rifle, spring gun, bow and arrow, sling shot, sling or other form of weapon potentially dangerous to wildlife or to human safety, nor hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, bird or reptile, with the exception of snakes known to be deadly poisonous such as rattlesnakes, which may be killed upon sight; nor shall any person remove or have in his possession the young of any wild animal, or the eggs or nest of any young of any reptile or bird.
SCOTTS VALLEY,
Chapter 9.08 – DISCHARGE OF FIREARMS
9.08.010 – Unlawful within city limits.
It is unlawful to discharge or shoot a firearm within the city limits except as provided in this chapter. (Ord. 65 § 1, 1975)
9.08.040 – Firearm.
The term “firearm” as used in this chapter includes, but is not limited to, any rifle, pistol, revolver, shotgun, air gun, BB gun or other type of gun from which a shell, pellet, cartridge, bullet or other projectile is propelled by any force including, but not limited to, air, gas, explosion, spring, elasticity or leverage. (Ord. 65 § 4, 1975)
9.08.050 – Violation—Impoundment.
The chief of police of Scotts Valley or his authorized deputies may impound any firearm used in violation of the provisions of this chapter. Any firearm impounded hereunder may be returned to the owner thereof, or, in the sole discretion of the chief of police or his deputies, be retained, disposed of, or destroyed in accordance with the provisions of Section 12.028 of the Penal Code of the state of California. (Ord. 65 § 5, 1975)
7.12.050 – Guns, dangerous instruments and fireworks prohibited—Exceptions.
A. No person, except an authorized city employee or a peace officer, shall bring into a city park or possess, use or discharge therein any of the following articles or instruments: any firearm or ammunition, any explosive, dynamite cap, fireworks, air gun, pellet gun, spring gun, slingshot, crossbow, bow and arrow, any weapon or instrument by means of which any missile can be propelled, any instrument which can be loaded with blank cartridges, any kind of trapping device, any poisonous substance, any incendiary bomb, any tear gas or other disabling chemical or agent, any inflammable liquid except motor vehicle fuel contained in the fuel tank of a vehicle, lantern or camp stove, and not more than one gallon of liquid fuel in a closed metal container, or any acid or caustic substance; except for uses authorized by permit or contract.
B. No person shall discharge any of the above-described weapons or instruments into the park limits from outside the limits of a park. (Ord. 147 § 3 (part), 1991)
SEASIDE,
Chapter 9.28 – WEAPONS
9.28.010 – Unauthorized discharge of firearms prohibited.
No person shall, without first obtaining permission from the city council, shoot or discharge any pistol, rifle, gun, or other firearm, not in necessary self-defense, or in performance of official duty, within the city, or use any police or watchman’s whistle except when necessary to call to his aid a peace officer.
(Ord. 48(part), 1955: prior code § 7-423).
9.28.020 – Air guns—Prohibited.
It is unlawful for any person to discharge, within the city limits of the city, any air rifle, air pistol, BB gun, or any other type of weapon operated by compressed air or gas.
(Ord. 4 (part), 1954: prior code § 7-101).
9.28.030 – Air guns—Nuisance—Destruction by police chief.
Upon the arrest and conviction of any person, the weapon discharged as set forth in Section 9.28.020 shall be and is declared to be a nuisance, and shall be surrendered to the chief of police. Such officer shall, except upon the certification of the city attorney or district attorney that the preservation thereof is necessary or proper to the ends of justice, annually destroy, or cause to be destroyed, such weapons.
(Ord. 4(part), 1954: prior code § 7-102).
9.28.040 – Unauthorized discharge of paint guns and crossbows prohibited—Nuisance.
It is unlawful for any person to discharge, within the city limits of Seaside, any paint gun or crossbow, or any device which propels an arrow or bolt by means of any common bow, compound bow, crossbow or underwater spear gun. Upon the arrest and conviction of any person for violation of this section, the weapon discharged shall be and is declared to be a nuisance and subject to confiscation and destruction as provided in Section 9.28.030.
(Ord. 800 § 1, 1991).
5.36.010 – Firearms defined.
The term “firearms,” as used in this chapter, includes, but is not limited to, handguns, rifles, shotguns, gas or air guns, spring-loaded guns and other weapons coming under the definition of firearms as defined in the California Penal Code.
(Ord. 472 § 2(part), 1976: prior code § 3-706).
SHAFTER,
Chapter 9.28 – WEAPONS
9.28.010 – Permit required.
It is unlawful for any person to fire or discharge any gun, rifle, pistol or firearm of any kind, or B-B gun, air gun, gas operated gun, or any other device causing a B-B, pellet or other projectile to be discharged or propelled within the city limits of the city, without a permit as provided for in this chapter.
Chapter 12.32 – PUBLIC PARKS
G. Take into, exhibit, use or discharge any firearm, weapon, air gun or slingshot.
SHASTA LAKE,
9.08.010 – Prohibiting discharge of firearms.
It is unlawful to discharge within the city limits any pistol, firearm, air gun, musket or instrument of any kind, character or description, which propels a bullet or missile for any distance by means of force of air or any explosive substance, except in a regularly licensed shooting gallery or range or in accordance with provisions of a permit authorized by the city council and issued by the chief of police or Shasta County sheriff. In granting such a permit, the city council shall impose such conditions in connection therewith as are reasonably necessary to protect the health and safety of persons and property.
(Ord. 97-95 § 1: Ord. 95-60)
SIERRA MADRE,
Chapter 9.28 – WEAPONS
9.28.010 – Dangerous weapons—Adults.
It is unlawful, except as otherwise provided herein, for any person to fire, discharge or shoot, in the city, any firearm or any spring gun, air gun, sling, sling shot, catapult or other devise designed or intended to discharge, or capable of discharging, any dangerous missile.
(Prior code § 5015)
9.28.020 – Concealed weapons.
It is unlawful in the city, for any person to carry concealed upon his or her person, or carry within any vehicle which is under his or her control or direction, any knife with a blade three inches or more in length, any snap-blade or spring-blade knife regardless of length, any ice pick or similar sharp stabbing tool, any straight-edge razor, or razor blade fitted into a handle other than a handle designed for shaving, or any spring gun, air gun or any other cutting, stabbing or bludgeoning weapon, or device capable of inflicting grievous bodily harm. This section shall not be deemed to prohibit the carrying of ordinary tools or equipment in good faith for honest use, work, trade or business and for the purposes for which such tools or equipment were designated.
(Prior code § 5017)
SIMI VALLEY,
Chapter 22 – WEAPONS
5-22.01 – Firearm defined.
For the purposes of this chapter, “firearm” shall mean and include rifle, shotgun, pistol, revolver, bow and arrow, or any air, gas, or spring weapon, or any other device from which any shot, bullet, or projectile is discharged by force of gunpowder, pressure, or other explosive, including any projectile which carries or contains its own fuel and is propelled by reaction.
(§ 5211-1, S.V.M.C., as amended by § 1, Ord. 455, eff. December 10, 1980, and § 1 (Ext. A), Ord. 1151, eff. January 7, 2010)
5-22.07.1 – Exemptions: Air, gas, or spring weapon: Supervised safety training.
The provisions of Section 5-22.02 of this chapter shall not prohibit the use of any air, gas, or spring weapon in conjunction with any gun safety training program which is organized, supervised, and conducted by any law enforcement agency, national or state firearms ownership or safety organization, or adult-supervised youth organization qualified as a nonprofit organization pursuant to Internal Revenue Code Section 501; provided, that the discharge of any such weapon in the course of such training shall not occur within 300 feet of any inhabited dwelling or between the hours of 10:00 p.m. and 6:00 a.m.; and further provided that any adult who is supervising the program shall be physically present and possess a basic firearms safety certificate or be exempt therefrom pursuant to Penal Code Section 12081(e)(1) through (11) inclusive.
(§ 1, Ord. 890, eff. May 15, 1997, as amended by § 1 (Ext. A), Ord. 1151, eff. January 7, 2010)
5-22.07.2 – Exemptions: Airsoft guns and paintball guns and gaming.
(a) The provisions of Section 5-22.02 of this chapter shall not prohibit the use of an airsoft gun or paintball gun in an established and permitted shooting area, which is located in an enclosed building, for target practice and/or airsoft and paintball gaming under adult supervision. This use and associated improvements shall require approval of a conditional use permit per S.V.M.C. Title 9, Chapter 9-26, Section 9-26.030
(c) Airsoft gun defined. For the purposes of this chapter, “airsoft gun” is defined as any gun, rifle, or pistol which discharges plastic pellets that are powered by compressed gas, spring-action, or an electrically powered gearbox.
(d) Paintball gun defined. For the purposes of this chapter, “paintball gun” is defined as any gun, rifle, or pistol which discharges a plastic ball of “paint” that is designed to break upon impact, and that is powered by compressed gas, spring-action, or an electrically-powered gear box.
(e) Airsoft and paintball gaming defined. For the purposes of this chapter, “airsoft and paintball gaming” is defined as a group of individuals who voluntarily participate in goal-oriented play in which players shoot at each other with airsoft or paintball guns. This activity shall be under the supervision of an adult who has the authority and responsibility to enforce specified rules and to end a game in the interest of safety.
(§ 1 (Ext. A), Ord. 1151, eff. January 7, 2010)
5-22.07.3 – Exemptions: Nerf-type guns.
(a) Nerf-type guns are exempt from the provisions of this chapter.
(f) Nerf-type gun defined. For the purposes of this chapter, “nerf-type gun” is defined as any gun, rifle, or pistol which discharges styrofoam darts that are powered by compressed gas or spring-action.
(§ 1 (Ext. A), Ord. 1151, eff. January 7, 2010)
5-22.08 – Shooting ranges: Use.
The provisions of Section 5-22.02 of this chapter shall not be construed to prohibit the establishment or maintenance of any pistol, rifle, or target range approved by the City, nor to prohibit the discharge at any target thereon, by any person using such range, of any firearm in or on such range in the event such range is so installed, constructed, safeguarded, equipped, and used so as to adequately prevent any bullet, shot, or missile from being projected beyond the confines of such range.
(§ 5211-4, S.V.M.C., as renumbered by § 1, Ord. 261, eff. November 25, 1976, and as amended by § 1 (Ext. A), Ord. 1151, eff. January 7, 2010)
5-22.09 – Shooting ranges: Permits.
No range for the shooting of any firearm may be established or maintained without a permit issued by the Council, except for a bow and arrow target practice range.
(§ 5211-4.1, S.V.M.C., as renumbered by § 2, Ord. 261, eff. November 25, 1976, and as amended by § 1 (Ext. A), Ord. 1151, eff. January 7, 2010)
5-22.10 – Use by minors.
It shall be unlawful for any person under eighteen (18) years of age to possess in a public place in the City any firearm, bow and arrow, or air, gas, or spring weapon, except as follows:
(a) Under supervision. When such person is in the immediate charge of a parent, guardian, or adult person having the responsibility for the conduct of such person under eighteen (18) years of age;
(g) Hunting. When such person is lawfully hunting pursuant to the provisions of the Fish and Game Code of the State;
(h) Training. When such person is engaged in marksmanship training or firearm safety training under the supervision of a competent adult instructor at an established range or shooting area; and
(i) Dismantled. When such person is carrying a firearm unloaded and either in a dismantled or “take-down” condition, or completely wrapped, or in a carrying case made for the purpose of carrying such firearm.
(§§ 5212 and 5212-1 through 5212-4, S.V.M.C., as renumbered by § 3, Ord. 261, eff. November 25, 1976, and as amended by § 1 (Ext. A), Ord. 1151, eff. January 7, 2010)
Chapter 1 – PUBLIC PARKS
(b) To carry or discharge any firearm, air gun, slingshot, or other device designed or intended to discharge, or capable of discharging, any dangerous missile, except in such places so designated by the Simi Valley Unified School District or the Simi Valley Recreation and Park District; provided, however, the provisions of this subsection shall not apply to any peace officer or other person lawfully licensed to carry a concealed weapon or who regularly carries a weapon in connection with private or public employment to protect the property or person.
SISKIYOU COUNTY,
(No documented air gun restrictions)
SOLEDAD,
9.18.010 – Firearms, air guns, slingshots, etc. discharge or operation unlawful.
It is unlawful for any person to fire, discharge, use or operate within the city limits a revolver, pistol, shotgun, rifle (of any caliber), or any other firearm, or any air gun, BB gun, blow gun, paint-ball gun, gas-operated gun or spring gun, or any instrument, toy or weapon commonly known as a slingshot or crossbow, which throws or discharges bullets, pellets or missiles of any kind to any distance, by means of powder or any explosive substance, or by means of the elastic force of air, rubber or steel springs, or by any other means, or to use the same in any manner to the danger or annoyance of any person or injury to property.
(Ord. 621 § 2 (part), 2005)
9.18.030 – Firearms possession by minors.
No minor under the age of sixteen years shall possess or use firearms of .22 caliber or greater, or air guns, BB guns, blow guns, slingshots, or bow or crossbow, except under the direct supervision and control of an adult.
(Ord. 621 § 2 (part), 2005)
SONOMA,
Article I. – Small Arm Device Ordinance.
Sec. 19A-1. – Definitions.
(a) For purposes of this ordinance, the term “small arm device” shall mean any pistol, revolver, gun, rifle of any caliber, shotgun of any gauge, air gun, BB gun, blow gun, slingshot, longbow, crossbow, or any weapon or instrument which throws or propels bullets, pellets or missiles of any kind by means of explosive powder, compressed or forced air or gas, springs, elastic rubber or like substance or force.
(c) For purposes of this ordinance, the term “posted” land shall mean land where signs forbidding trespass, shooting or hunting are displayed along all exterior boundaries at intervals of not more than one thousand seven hundred fifty feet (1750′) apart and at the entrance of all roads and trails entering such land.
(Ord. No. 2413.)
Sec. 19A-2. – Use of small arm device on public lands prohibited.
(a) Except as otherwise provided by law, any person who discharges a small arm device as defined herein within or into a public park, posted campground, or posted publicly owned utility right of way or flood control channel within the county of Sonoma, shall be guilty of a misdemeanor punishable by fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six (6) months or both. In addition, any person found guilty of such offense whose offense causes destruction of or damage to public or private property shall pay to the owner of such property the full cost of replacement or repair thereof.
(d) This ordinance shall not apply to persons exempt from its provisions by state or local law.
(Ord. No. 2413.)
Sec. 19A-3. – Possession and use of small arm device by minor.
(a) No minor under the age of twelve (12) years may be in possession of a small arm device in the county of Sonoma unless such minor is accompanied by his parent, guardian or a responsible adult.
SUISUN CITY,
Chapter 9.12 – FIREARMS
9.12.010 – Discharge prohibited.
Except as otherwise provided in this chapter, no person shall fire or discharge, or cause to be fired or discharged within the city limits, nor shall any parent, guardian or person having the care and control of any minor permit such minor to fire or discharge, or cause to be fired or discharged, within the city limits, any firearm, cannon, firework, gun, pistol, revolver, firecracker or explosive of similar nature, rifle, air rifle, air gun, BB gun or pellet gun, or any instrument or missile of any kind for the launching of projectiles to any distances by means of elastic force, air or any explosive substance, all referred to in this section as “firearms.”
TEHACHAPI,
Chapter 9.16 – WEAPONS
9.16.010 – Discharging weapons, toy weapons, fireworks and explosives prohibited without permit.
Any person who discharges firearms of any description or name within the limits of the city; or any person who discharges any air rifle, air pistol, or any one type of the class of weapon or arm known as BB gun or air gun within the city; or any person who fires, discharges, explodes, or who sells, gives away or offers for sale any bombs, firecrackers, Roman candle, pinwheel, skyrocket, or any combustible or other article or fireworks of like nature within such limits; or any person who discharges or explodes powder or other combustible under an anvil, or in any other manner, to the disturbance or annoyance of the inhabitants of the city, or the persons upon the streets, thoroughfares or public places in the town, without special permit in writing, obtained from the chief of police for that purpose, which permit shall designate the place and the time of firing or discharging, and the number of discharges authorized (a copy of which permit shall be filed by the person obtaining it with the city clerk at least two hours before the time such firing is authorized), is guilty of a misdemeanor.
(Ord. 106 § 1, 1937: Ord. 66 § 1, 1922: Ord. 20 § 11, 1910)
TEHAMA CITY,
Chapter 9.04 – WEAPONS
9.04.010 – Discharge of firearms in city prohibited.
B. The city council of the city of Tehama finds and determines that it is in the public interest to preserve peace and safety in the platted area of the city; and
C. It is further found and determined that certain detrimental conditions, as hereinafter set forth, are injurious or potentially injurious to the public health, safety and welfare of the community; and
D. It is unlawful for any person, except an officer in the discharge of duty to discharge or shoot any firearm within the platted area of the city;
E. It is unlawful for any person within the city to discharge or shoot any air gun, CO2 propelled gun, or other dangerous weapon.
(Ord. 133 § 1—4, 1998)
9.04.020 – Exemptions—Limitations.
Notwithstanding the provisions of Section 9.04.010, the city council may permit organized groups, firms or associations to discharge firearms, air guns or other dangerous weapons within the city when, in their opinion, such activities would not be detrimental to the public safety. Such permission may be granted by the city council following investigation and recommendation of each applicant by the city council and under such regulations as may be prescribed by them.
(Ord. 133 § 5, 1988)
9.04.030 – Violation—Penalty.
Any person violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the Tehama County jail in the county of Tehama, not to exceed five days, or by both such fine and imprisonment. The city shall also have the right to collect the value of any damaged property.
(Ord. 133 § 6, 1988)
TEHAMA COUNTY, (No air gun restriction/ordinances documented)
TIBURON,
Article III. – Restrictions on the Use of Air Rifles and Other Firearms
32-25 – Air rifles—Restrictions on use.
(b) It is unlawful for any person to discharge an air rifle within five hundred feet of any structure or street.
(c) The provisions of this section shall not be applicable to the following:
(2) When such person is in the immediate charge and presence of a parent, guardian or adult person having responsibility for the conduct of such person.
(3) When such person is lawfully hunting pursuant to the provisions of the Fish and Game Code of the state, and has in his possession a valid hunting license issued as prescribed in such code.
(4) When the discharge occurs at a bona fide shooting gallery, target range, gun club, educational institution or military institution, organized, operated and supervised by adult personnel.
(5) When such person is engaged in the necessary defense of his person or property.
(d) Any air rifle discharged in violation of this section shall be deemed a public nuisance and shall by surrendered immediately to the chief of police. Annually, the chief of police shall destroy or cause to be destroyed such air rifles unless the town council shall, by resolution, provide for the disposal of such air rifles in some other lawful manner.
(e) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(4) “Air rifle” means any air rifle, B-B gun, air pistol or air gun, or similar instrument, from or by means of which any bullet, shot, B-B or similar missile may be projected.
(5) “Person” means one under the age of eighteen years.
(6) “Street” means any state highway, county highway, city street or public roadway used by the public or available to the public for use.
(7) “Structure” means any building, residential or otherwise, used, normally used or available for use by human beings for purposes of inhabitation of business.
(Ord. No. 52, §§ 1, 2, 3, 5; Ord. No. 453 N.S., § 2 (part)
(f) For the purposes of this section, the term “firearm” means any gun, pistol, revolver, rifle, automatic pistol or rifle, shotgun or any other weapon of a similar nature. The term “firearm” shall not mean “air rifle,” “B-B gun,” “air pistol” or “air gun,” or similar instrument from or by which any bullet, shot, B-B or similar missile may be projected.
(Ord. No. 53, §§ 1 to 4, 7; Ord. No. 453 N.S., § 2 (part)
TORRANCE,
SECTION 45.3.6. – FIREARMS, AIR GUNS, ETC. IN POSSESSION OF MINORS.
(Added by O-216)
It shall be unlawful for any person under the age of eighteen (18) years of age to have in his possession, custody or control, within the corporate limits of the City, any gun, revolver, pistol, spring or air gun, or firearm of any description or any cartridge, shell or other device containing any explosive, or any cartridge, shell or other device designed and intended for use in connection with any gun, revolver, pistol or firearm of any description or any ammunition of any description containing any explosive.
SECTION 45.3.8. – DISCHARGE OF AIR RIFLES.
(Added by O-1166)
Except as otherwise provided in this Article, no person shall shoot, fire or discharge or cause to be shot, fired or discharged any BB gun, air rifle, spring gun or other weapon which discharges a shot or missile.
TRACY,
5.08.120 – Office of Animal Services established.
(b) The Animal Services Officer, and all assistants and deputies, may carry weapons when acting in the course of their employment, providing they have satisfactorily completed a course of training in the carrying and use of firearms. Such weapons shall be limited to carbon dioxide operated rifles and air guns.
1040 § 5 Ext. E (part): prior code § 5-2.202)
4.16.180 – Unlawful acts in park.
4.16.181 Carry any firearms, air gun, slingshot or archery equipment
TRINITY COUNTY,
Chapter 9.32 – WEAPONS
9.32.010 – Definitions.
The following words and phrases used in this chapter are defined as follows:
A. “Deadly or dangerous weapons” means any weapon, instrument or object that is capable of being used to inflict great bodily injury or death.
B. “Firearms” means shotgun, rifle, pistol, compressed air guns, pellet guns, and BB guns, pistol or revolver from which shot, bullets or missiles are discharged by compressed air, explosive or combustible material, capable of propelling any shot, bullet or missile.
9.32.020 – Prohibition.
It is unlawful for any person, other than a peace officer as defined in Section 9.32.010C, to carry, conceal or be in possession of a firearm or any deadly or dangerous weapon on or within any county owned or leased buildings or property.
(Ord. 1066 §1(part), 1985)
Chapter 13.04 – AIRPORTS
13.04.160 – Firearms.
A. No persons except designated peace officers shall carry any firearms, including air guns, explosives, bows and arrows, or flammable materials on an airport without the written permission of the airport manager. Such permission may be granted by the airport manager when circumstances warrant.
C. All other persons shall immediately surrender all such objects in their possession to the airport manager.
(Ord. 365 §3(14), 1978)
TUSTIN,
6201 – DISCHARGE OF FIREARMS, AIR GUNS, ETC., PROHIBITED
6200 – CONCEALED WEAPONS
It shall be unlawful for any person to carry concealed about his person any pistol, revolver or any other weapon with which he might take the life of any person or do serious bodily injury to the person of another; provided, however, that the City Council may, in its discretion, grant the privilege of carrying such weapon to any person upon his written application made to the City Council, bearing also a statement of approval from the Chief of Police. (Ord. No. 9, Sec. 6)
6201 – DISCHARGE OF FIREARMS, AIR GUNS, ETC., PROHIBITED
(a) It shall be unlawful for any person other than a police officer while on duty to discharge any rifle, pistol, or firearm within the City except (1) in target shooting in shooting galleries regularly licensed by the City, or (2) for agricultural or other reasonable, non-recreational use pursuant to and in accordance with a permit duly issued by the License and Permit Board.
(b) It shall be unlawful for any person to shoot or discharge any air gun, spring gun, sling shot or other similar device within the City.
(c) It shall be unlawful for any person to throw, project or cause to be thrown or projected any object, missile or projectile of any kind toward any other person in such a manner as to constitute a hazard of bodily injury to such person. Usual and ordinary sports activities are hereby excepted from the prohibitions of this subsection. (Ord. No. 750)
VALLEJO,
Chapter 7.89 – WEAPONS
7.89.010 – Discharge of weapons.
It shall be unlawful for any person to discharge in the city: any firearm, gun rifle, or other gun or device which discharges by the use of combustible powder, gas of any kind, air or springs, any bullet, shot or pellet of any kind; any sling or sling shot; or any crossbow.
VENTURA COUNTY,
5211 – Use restricted.
Except as otherwise provided in this Article, it is unlawful to shoot, fire, or discharge any firearm, bow and arrow, or any air, gas or spring weapon in the unincorporated area of Ventura County within three hundred (300) yards of any dwelling, house, residence or other building used in connection therewith without the express permission of the owner or person in possession of the dwelling, house, residence, or any other building.
6307-4 – Weapons.
No person shall use, carry, fire, or discharge any firearms, or air gun or slingshot, archery device of any kind across, in, or into a County Park unless specifically authorized by the Director.
(Rep.& Reen. Ord. 4372—12/4/07)
61007-3 – Weapons.
No person shall use, carry, fire, or discharge any firearms, or air gun or slingshot, archery device of any kind across, in or onto the Rincon Parkway.
VICTORVILLE,
Chapter 14.04 – GENERAL PROVISIONS
(d) To possess, carry or discharge any firearms, firecrackers, rockets, explosives or any other fireworks, air gun, bow and arrow or sling shot.
Villa Park,
ARTICLE 5-2. – FIREARMS
Sec. 5-2.2. – Discharge of Other Devices.
It shall be unlawful for any person to discharge any air gun, slingshot, spring gun or other device or contrivance involving dangerous projectiles except when such projectiles are confined within the boundaries of such person’s own private property.
WEST COVINA,
ARTICLE II. – FIREARMS
Sec. 15-27. – Unlawful to possess or discharge.
Except as provided in section 15-29, no person shall have in his possession within the city, and no person shall fire or discharge or cause to be fired or discharged within the city, any firearms, cannon, gun, pistol, revolver, rifle, air rifle, air gun, BB gun or pellet gun.
(Code 1960, § 4400)
Sec. 15-28. – Parents, guardians not to permit possession or use by minors.
No parent, guardian or person having the care, custody or control of any minor shall permit such minor to have in his possession within the city, or to fire or discharge within the city, any firearm, cannon, gun, pistol, revolver, rifle, air rifle, air gun, BB gun or pellet gun, all referred to in this article as “firearms.”
Sec. 15-32. – Possession of weapons at city hall prohibited.
(a) Any person who brings into or possesses within the city hall of the City of West Covina any of the following shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), by imprisonment in the city or county jail for not more than six (6) months, or by both such fine and imprisonment:
(1) Firearm;
(2) Deadly weapon described in V.T.C.A., Penal Code § 653k or 12020;
(4) Knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one (1) or two (2) hands;
(5) Unauthorized tear gas weapon;
(6) Taser or stun gun, as defined in V.T.C.A., Penal Code § 244.5; or
(6 Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun.
ARTICLE II. – CONDUCT IN PUBLIC PARKS
Sec. 16-18. – Unlawful acts.
(b) Possess, carry or discharge any firearms, firecrackers, rockets, explosives or any other fireworks, air gun, bow and arrow, or sling shot.
WESTLAKE VILLAGE,
CHAPTER 4.3. – WEAPONS
4.3.010. – Discharging Firearms – Restrictions Generally.
No person shall shoot, fire or discharge, nor cause nor permit to be shot, fired or discharged, any rifle, shotgun, pistol, revolver, pellet gun, BB gun, air rifle, or pistol or other firearm in the general direction and within one-half mile of any house, camp, or other place of human habitation, or in the general direction and within one-half mile of any public highway, road, street, way, park, or premises.
WHITTIER,
Chapter 9.48 – FIREARMS
9.48.010 – Discharging prohibited.
No person shall discharge any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot and device designed or intended to discharge a dangerous missile within the city, except as provided:
B. Police officers in the discharge of their duties;
C. Any person acting in self-defense;
D. Shooting galleries operated under license issued by the city; or
E. Rifle ranges being operated under a permit, as provided in this code.
(Ord. 2350 § 1, 1985)
WILLIAMS,
(No documented air gun ordinances).
WILLITS,
(No documented air gun ordinances).
TOWN OF WINDSOR,
Article 17. – Small Arms Device
3-10-1700 – Definitions.
As used in this section:
Posted land shall mean where signs forbidding trespass, shooting or hunting are displayed along all exterior boundaries at intervals of not more than one thousand seven hundred fifty (1,750′) feet apart and at the entrance of all roads and trails entering such land.
Small arm device shall mean any pistol, revolver, gun, rifle or any caliber, shotgun of any gauge, air gun, BB gun, blow gun, slingshot, longbow, crossbow, or any weapon or instrument which throws or propels bullets, pellets or missiles of any kind by means of explosive powder, compressed or forced air or gas, springs, elastic rubber or like substance or force.
(Ord. No. 92-22 § 2 (part))
3-10-1705 – Use of Small Arms Device on Public Lands Prohibited.
a.
Except as otherwise provided by law, any person who discharges a small arm device as defined herein within or into a public park, posted campground, or posted publicly owned utility right-of-way or flood control channel within the Town of Windsor, shall be guilty of a misdemeanor punishable by fine not exceeding five hundred ($500.00) dollars or by imprisonment not exceeding six (6) months or both. In addition, any person found guilty of such offense whose offense causes destruction of or damage to public or private property shall pay to the owner of such property the full cost of replacement or repair thereof.
b. This article shall not apply to persons exempt from its provisions by State or local law.
(Ord. No. 92-22 § 2 (part))
3-10-1710 – Possession and Use of Small Arms Device by Minor.
a. No minor under the age of twelve (12) years may be in possession of a small arms device in the Town of Windsor unless such minor is accompanied by his parent, guardian or a responsible adult.
3-10-1500 – Unlawful Discharge.
No person shall intentionally discharge or cause to be discharged any firearm, air gun, air rifle, pellet gun, BB gun, slingshot, paint ball gun, or other weapon or device capable of hurling or projecting a missile with sufficient force to cause injury to persons or property, within the Windsor Town limits.
Article 1. – General Provisions
3-4-120 – Definitions.
Firearms shall mean and include capture guns, blowguns, carbon dioxide-operated rifles and pistols, air guns, rifles and shotguns. Firearms shall not include handguns.
WOODLAKE,
(No documented air gun restrictions)
CHAPTER 15. – OFFENSES—MISCELLANEOUS.WOODLAND,
Sec. 15-19. – Rifles, pistols, etc., propelled by air, gas, etc.; bows and arrows.
(a)
No person or persons shall at any time fire or discharge, or cause to be fired or discharged, any air gun, “BB” gun, pellet gun, cannon, any air- or gas-propelled rifle or pistol of any kind, or any sling shot, within the limits of the city.
(c) No person or persons shall at any time fire or discharge, or cause to be fired or discharged, any bow or other device capable of propelling an arrow, within the limits of the city, except as provided hereinafter:
(2) Where use of such a bow or other device is an approved part of a regularly scheduled program sponsored and supervised by the city parks and recreation department; or
(3) Where use of such a bow or other device is an approved part of a regularly scheduled program sponsored and supervised by the Woodland Unified School District.
(Ord. No. 535, § 1; Ord. No. 1122, § 1; Ord. No. 1194, § 2(A).)
YORBA LINDA,
Chapter 9.20 – WEAPONS
9.20.010 – Discharge unlawful.
It is unlawful for any person to discharge a weapon within the city. For purposes of this chapter, “weapon” means any rifle, pistol, gun, air gun, spring gun, b-b gun, arrow, crossbow, slingshot or any other instrument of any kind, character or description which throws or projects a bullet or missile or substance by means of elastic force, air, or explosive substance likely to cause bodily harm.
YREKA,
Chapter 9.06 – DISCHARGE OF FIREARMS
9.06.010 – Firearms defined.
“Firearm,” as used in this chapter, includes any instrument or weapon commonly known as a pistol, revolver, gun, rifle, air gun, pellet gun or BB gun, or an instrument or weapon from which is expelled a projectile by the force of any explosion or other form of combustion.
(Ord. 453 (part), 1971).
9.06.030 – Exemptions and one day permits.
This chapter shall not apply to duly appointed peace officers who are carrying out official duties while in the city, or any person summoned by any such officer to assist in making arrests or preserving the peace while he is actually engaged in assisting such officer. This chapter shall not apply to BB guns discharged on premises with the owner’s consent.
On application to the chief of police, any person may obtain a permit for the discharge of firearms, for a period not to exceed one day, providing that the person making such application gives satisfactory evidence that the discharge of such firearm or firearms involved is not for an unlawful purpose, and that reasonable precautions have been taken by the applicant to prevent injury to persons or property from the discharge of such firearms.
(Ord. 470, 1972: Ord. 453 (part), 1971).
YUBA COUNTY,
CHAPTER 8.50. – BULLARDS BAR RECREATION AREA
8.50.020. – General regulations.
Trespassing,” “Closed Area,” or other prohibition of entry.
(d) No person shall discharge or use in the recreation area any firearms or air or gas or spring propelled guns, sling shots, bows and arrows, except that bows and arrows may be permitted in such portions of the recreation area as are specifically designated for archery by the United States Forest Service or where prior written permission has been given by the owner of the property upon which the archery is conducted.
Colorado-
Note:
Colorado provides for mandatory expulsion from public school for carrying, bringing, using or possessing, without proper authorization, a pellet or BB gun, whether operational or not, designed to propel projectiles by spring action or compressed air.1 Colorado does not otherwise regulate non-powder guns.
Colorado State Air-gun laws:
1.Colo. Rev. Stat. § 22-33-106(1)(d)(I), (II)(B).
(d) (I) Serious violations in a school building or in or on school property, which
suspension or expulsion shall be mandatory; except that expulsion shall be
mandatory for the following violations: Carrying, bringing, using, or possessing a
dangerous weapon without the authorization of the school or the school district;
the sale of a drug or controlled substance as defined in section 12-22-303, C.R.S.;
or the commission of an act which if committed by an adult would be robbery
pursuant to part 3 of article 4 of title 18, C.R.S., or assault pursuant to part 2 of
article 3 of title 18, C.R.S., other than the commission of an act that would be
third degree assault under section 18-3-204, C.R.S., if committed by an adult.
(II) As used in this paragraph (d), “dangerous weapon” means:
(A) A firearm, whether loaded or unloaded, or a firearm facsimile that could
reasonably be mistaken for an actual firearm;
(B) Any pellet or “bee-bee” gun or other device, whether operational or not,
designed to propel projectiles by spring action or compressed air;
City of
ALAMOSA,
ARTICLE VII. – OFFENSES RELATING TO WEAPONS
Sec. 11-119. – Firearms, BB guns, air guns, gas operated guns, spring guns, etc.; use prohibited
(a) It shall be unlawful for any person, other than a law enforcement officer in the performance of his or her duty, to discharge or use any firearm, air gun, BB gun, gas operated gun, spring gun, or similar type of gun in the city except as exempted below.
(b) The following shall not constitute a violation of this article:
(1) The discharge of a firearm in defense of person in accordance with C.R.S. 18-1-704 or against an intruder in accordance with C.R.S. 18-1-704.5;
(2) The discharge of a firearm for the legitimate sporting use of such weapons within areas specifically designed and lawfully permitted by the City of Alamosa for the discharge or weapons such as shooting ranges, rifle ranges, and shooting galleries;
(4) The discharge of a firearm during a legitimate organized educational class or course under adult instruction and supervision within areas specifically designed for the discharge of such weapons;
(5) The discharge of a firearm by representatives of service, fraternal, athletic or educational organizations/institutions firing blank cartridges at training sessions, ceremonial occasions of the nature of funeral rights, parades, starting guns at formal athletic meets, or rehearsals for such occasions and similar events;
(6) The discharge of a firearm within a structure as part of a legitimate research, testing, or scientific process or investigation; or
(7) The discharge of a firearm within the confines of the city’s active cattle ranch for predator and wildlife control if authorized in writing by the city manager and chief of police.
(Ord. No. 8, 2011, § 1, 7-6-11)
State law reference— Use of deadly physical force, C.R.S. 18-1-701 et seq.
ARVADA,
(No documented air gun ordinances).
AURORA,
DIVISION 2. – WEAPONS
Sec. 94-141. – Definitions.
Gas gun means a device designed for projecting gas-filled projectiles which release their contents after having been projected for the device and includes projectiles designed for use in such a device.
Gravity knife means any knife that has a blade released for the handle or sheath thereof by the force of gravity or application of centrifugal force, that when released is locked in place by means of a button, spring, lever or other device.
Handgun means any lawful weapon (including a starter gun) which is designed to or may be readily converted to expel a projectile by the action of an explosive charge, has a short stock and is designed to be held and fired by the use of a single hand.
Illegal weapon means:
(1) A blackjack, gas gun, metallic knuckles, gravity knife, switchblade knife.
Sec. 94-146. – Discharge within city prohibited; exceptions; range rules.
(a) It shall be unlawful for any person to fire, shoot, or discharge any firearm; crossbow; bow and arrow; slingshot; blowgun; BB gun or pellet gun, whether powered with gunpowder, compressed air, or gas cartridges; gas gun; or any weapon whatsoever within the city limits. However, such discharge, firing, or shooting by any law enforcement officer, federal, state, county, or city, in the course of his or her official duty shall not be deemed a violation of this subsection, and such discharge, firing, or shooting at commercial, private, or public shooting ranges or by authorized classes of schools or universities at all times under proper instruction and supervision as may be authorized or permitted by law shall not be deemed a violation of this subsection.
BURLINGTON,
Chapter 9.16 – WEAPONS
9.16.020 – Discharge of firearms.
A. Except as set forth in Section 9.16.020(B) below, it is unlawful for any person, except a law enforcement officer in the performance of his or her duties or person(s) with an approved permit issued by the chief of police and/or the city administrator, to fire or discharge firearms within the city. For purposes of this section, the term “firearms” shall be construed to include a revolver, pistol, shotgun or rifle or device of any description that may be used for the expulsion of projectiles by the use of air, explosion, or thrust via mechanical inertia including, but not limited to, firearms of any description, spring gun, air guns, gas-operated guns, devices of archery (bows and arrows, crossbows, slings, slingshots), and mechanical devices (catapults) that use weighted inertia or centrifugal force to dispel, launch or hurl objects.
B. Certain situations involving the discharge of noise devices such as air guns or firearms discharging blanks for the purpose of redirecting wildlife when specifically approved in writing and in advance by the chief of police and/or city administrator.
CARBONDALE,
(No air gun restrictions/ordinances documented).
COMMERCE CITY,
Chapter 7 – PARKS AND RECREATION
Sec. 7-1008. – Fireworks, explosives, firearms and missiles.
(b) It is unlawful to possess fireworks, explosives, firearms, BB guns, pellet guns, air guns, cross bows, long bows or slingshots while upon any park property except in areas specifically authorized in writing by the city; provided, however, that persons possessing a valid permit or license to carry a concealed firearm, which license or permit was issued pursuant to applicable state or federal law, shall be allowed to possess a firearm, only in accordance with such permit, while upon park property.
(c) It is unlawful to discharge or use fireworks, explosives, firearms, BB guns, pellet guns, air guns, cross bows, long bows or sling shots while upon any park property except in areas specifically authorized in writing by the city.
(d) It is unlawful to throw, discharge or launch any type of missile while upon any park property except as expressly authorized by the city.
Sec. 12-6003. – Illegal weapons.
Except for peace officers or members of the armed services carrying such items in conjunction with the lawful discharge their duties, it shall be unlawful for any person to knowingly possess a blackjack, gas gun, metallic knuckles, gravity knife, or switchblade knife. In addition, it is unlawful for any person to knowingly possess a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, non-accessible container.
Sec. 12-6005. – Discharging weapons.
(a) Prohibition. It shall be unlawful for any person who is not a peace officer acting within the scope of his or her official duties to discharge a weapon of any description, including, but not limited to, revolvers, pistols, shotguns, rifles, air guns, gas operated guns, spring guns or bows, within the city limits.
(c) Exception. The chief of police may authorize the discharge of weapons at a specific location upon determining that the authorization will not be detrimental to the health, safety, and welfare of city residents.
DENVER,
DIVISION 2. – WEAPONS AND MISSILES
Sec. 38-129. – Air, gas or spring operated guns.
(b) It shall be unlawful for any minor to buy, carry on their person or discharge any air gun, gas operated gun or spring gun discharging metal pellets or BB shot.
(c) It shall be unlawful for any person to sell any air gun, gas operated gun or spring gun discharging metal pellets or BB shot, to any minor.
(d) It shall be unlawful for the parent, guardian or other person having legal control or custody of any minor to allow the minor to carry on their person, or to discharge any air gun, gas operated gun or spring gun discharging metal pellets or BB shot.
(e) Nothing in this section shall prevent any person from carrying or discharging any air gun, gas operated gun or spring gun discharging metal pellets or BB shot, in any shooting gallery or on any private grounds or residence under circumstances which such instruments can be carried, discharged or operated in such a manner as not to endanger persons or property, and also in such a manner as to prevent a projectile discharged from any of such instruments from traversing any grounds or space outside the limits of such gallery, grounds or residence.
(Code 1950, § 845.13)
ARTICLE III. – OFFENSES AFFECTING MINORS
Sec. 34-46. – Other wrongs to minors.
(f) A weapon, for purposes of this section, shall include, but not be limited to, any pistol, revolver, rifle, shotgun, machine gun, air gun, gas operated gun, spring gun, sling shot, blackjack, nunchaku, brass knuckles, artificial knuckles of any substance whatsoever, or any switchblade knife, gravity knife, or any knife having a blade greater than three and one-half (3½) inches in any length, or any explosive device, incendiary device or bomb.
(g) A firearm, for the purposes of this section, means a pistol, revolver, rifle, shotgun, air gun, gas operated gun, or spring gun.
DURANGO,
ARTICLE VIII. – OFFENSES RELATING TO WEAPONS
Sec. 17-116. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm means any instrument used in the propulsion of shot, shell or bullets or other harmful objects by the action of gunpowder exploded within it, by the action of compressed air within it, or by the power of springs and includes what are commonly known as bb-guns, pellet guns, gas guns and paint ball guns.
ENGLEWOOD,
ARTICLE C. – OFFENSES RELATING TO WEAPONS
7-6C-0: – Definitions.
As used in this Chapter unless the context otherwise requires:
Air Gun: Any instrument, toy, or weapon commonly known as an air gun, BB gun, or pellet gun into which air is pumped or put to propel a BB, pellet or projectile. A gas gun is excluded from this definition.
Gas Gun: A device designed for projecting gas-filled projectiles which release their contents after having been projected from the device and includes projectiles designed for use in such a device.
7-6C-2: – Possession of Illegal Weapons.
A. It shall be unlawful for any person to possess an illegal weapon.
C. As used in this Section, the term “illegal weapon” means a blackjack, bomb, gas gun, zip gun, metallic knuckles, gravity knife, or switchblade knife.
D. It shall be an affirmative defense to this Section that a person has a valid permit and license pursuant to the United States Code for such weapon, or that a person is a peace officer, or a member of the United States Armed Forces, or the Colorado National Guard acting in the lawful discharge of his/her duties.
(Code 1985, § 7-6C-2)
7-6C-3: – Prohibited Use of Weapons.
5. Any person to discharge an air gun anywhere in this City except in shooting galleries or on any private grounds or in any residence where such instrument can be fired, discharged or operated in such a manner that the projectile does not travel outside the limits of such gallery, grounds, or residence; and, provided further, that the instrument shall not be discharged or operated in such a manner as to endanger persons or property. Nothing herein contained shall be construed to prevent the concealed carrying of any air gun when unloaded and properly cased to and from any range or gallery.
(Code 1985, § 7-6C-3; Ord. 00-7)
FEDERAL HEIGHTS,
ARTICLE V. – OFFENSES AGAINST THE PUBLIC PEACE AND SAFETY
Sec. 38-82. – Throwing dangerous missiles.
It is unlawful for any person to willfully, maliciously, or recklessly throw, shoot or project any stone, arrow, pellet, dart, ball bearing, or other dangerous missile at or against the person, animal, building, structure, personal property or fixture or vehicle of another, except that the provisions of this section shall not apply to persons throwing, projecting, or shooting any such dangerous missile at any animal in order to protect his person or property or the person or property of another from physical injury, or for recreational purposes in such a manner that no unreasonable risk of harm is presented to any person, or to the real or personal property of any person.
(Code 1985, § 6-4-7)
State law reference— Throwing missiles at vehicles, C.R.S. § 18-9-116.
FLORENCE,
(No air gun restrictions documented)
FOWLER,
Chapter 9.36 – WEAPONS
9.36.090 – Air guns—-Prohibited—Exception.
It is unlawful for any person under eighteen years of age to carry any air gun on the streets, alleys, public roads, or public lands, or inside vehicles while upon the public streets, alleys or roads within the town unless accompanied by an adult; provided, however, that a person under eighteen years of age may carry such air gun, unloaded, in a suitable case or securely wrapped.
(Ord. 291 §17.1, 1977)
9.36.100 – Air guns—Discharge across streets, public lands—Prohibited—-Exception.
It is unlawful for any person to discharge any air gun from or across any street, sidewalk, alley, or public land, or any public place except on a properly constructed target range.
(Ord. 291 §17.2, 1977)
9.36.110 – Air guns—Parent and guardian responsibility.
No parent or guardian shall knowingly or under conditions of which an average parent or guardian should have knowledge of, suffer or permit any person under eighteen years of age, of whom he or she may be a parent or guardian, to violate the provisions of Sections 9.36.090 and 9.36.100.
(Ord. 291 §17.3, 1977)
LA PLATA County,
(No air gun ordinances recorded, refer to State/town ordinances).
LAFAYETTE,
ARTICLE II. – WEAPONS AND MISSILES
Sec. 75-46. – Definitions.
Gas gun means a device designed for projecting gas-filled projectiles which release their contents after being projected from the device and includes projectiles designed for use in such device.
Gravity knife means any knife, the blade of which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which blade, upon release, becomes locked in place by means of a button, spring, plate, level or other device.
Handgun means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged and the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed twelve (12) inches.
Illegal weapon means a blackjack, gas gun, metallic knuckles, knife, gravity knife or switchblade knife.
Mechanical gun means an air, spring operated or blow gun that discharges pellets, BB shots, paint balls, arrows or darts and includes but is not limited to BB guns, spring guns, pellet guns, paint ball guns or other similar devices.
Sec. 75-48. – Unlawful use.
It is unlawful for any person to:
(5) To discharge or cause to be discharged any projectile from a mechanical gun except in a person’s dwelling, place of business, property under ones ownership or control or establishment specifically designed and operated for the discharge of such weapons
Sec. 75-49. – Open carry/concealed weapons prohibited.
(1) It shall be unlawful for any person to carry, wear about their person or under their clothes, or concealed about their person, any firearm, handgun or mechanical gun.
LARIMER County,
ARTICLE III. – PUBLIC RECREATION REGULATION
Sec. 42-73. – Prohibited acts generally.
(14) Firearms and other weapons:
b. To publicly display or discharge any firearm, as defined in C.R.S. § 18-1-901(3)(h), except such firearm may be carried, unloaded, if in continuous non-stop transit to an approved and legal hunting area, if the carrier has a valid hunting license on their person. Fine…..50.00
c. To publicly display, carry on their person, use or allow the use of weapons of any kind, including but not limited to B.B. guns, pellet guns, long bows or cross bows, or other deadly weapons, as defined in C.R.S. § 18-1-901(3)(e), excluding firearms, except such weapon may be carried, unloaded or sheathed, if in continuous non-stop transit to an approved and legal hunting area, if the carrier has a valid hunting license on their person. Fine …..50.00
LONGMONT,
CHAPTER 13.20. – PARKS
13.20.020. – Park regulations.
18. Knowingly possess an unconcealed firearm of any description if so posted, or a concealed firearm of any description, unless authorized to do so pursuant to C.R.S. § 18-12-214, or air rifle, spring-gun, bow and arrow, sling paintball gun, or any other weapon potentially inimical to wildlife or dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device, except in areas designated for one of these purposes.
LOUISVILLE,
Chapter 9.82 – FIREARMS
Sec. 9.82.010. – Discharge of firearms.
B. It shall be unlawful for any person, except a law enforcement officer in the performance of his duties, to fire or discharge within the city a revolver or pistol of any description, or a shotgun or rifle which may be used for the explosion of cartridges or shells, or any air gun, gas-operated gun, or spring gun.
C. Subsection A of this section shall not apply to persons discharging such weapons in defense of person or property.
(Code 1962, § 29.2; Code 1977, § 9.82.010)
Sec. 9.82.010. – Discharge of firearms.
A. It shall be unlawful for any person, except a law enforcement officer in the performance of his duties, to fire or discharge within the city a revolver or pistol of any description, or a shotgun or rifle which may be used for the explosion of cartridges or shells, or any air gun, gas-operated gun, or spring gun.
B. Subsection A of this section shall not apply to persons discharging such weapons in defense of person or property.
(Code 1962, § 29.2; Code 1977, § 9.82.010)
Sec. 4.04.010. – Scope; prohibitions.
Y. Discharge or carry any firearms (concealed or otherwise), projectile weapons, or explosives of any kind including but not limited to fireworks, BB guns, pellet guns, rockets, hobby rockets, air guns, paint ball guns, blow guns, crossbows, longbows and slingshots; provided, however, that this subsection Y shall not be construed to prohibit the carrying of a concealed handgun if, at the time of carrying the concealed handgun, the person holds a valid written permit to carry a concealed handgun issued pursuant to C.R.S. 18-12-201 et seq., and is otherwise carrying the concealed weapon in accordance with any applicable state or local law.
MANITOU SPRINGS,
Chapter 9.52 – POSSESSION OR USE OF WEAPONS
9.52.010 – Definitions.
B. “Gas gun” means a device designed for projecting gas filled projectiles which release their contents after having been projected from the device and includes projectiles designed for use in such a device.
H. “Firearm” means any firearm, pistol, revolver, rifle, handgun, shotgun, spring gun, air gun, BB gun or other instrument or device capable of discharging bullets or cartridges or other explosive charges.
(Ord. 2482 § 2 (part), 1982)
9.52.020 – Unlawful possession and sale.
It is unlawful for any person:
A. To possess, possess for sale, or sell an illegal weapon, which term means for the purpose of this chapter, any blackjack, gas gun, metallic knuckles, gravity knife, throwing stars, and nunchaku as defined in Section 9.52.010
MONUMENT,
9.24.030 – Using dangerous or deadly weapons.
It is unlawful for any person to discharge a revolver or pistol of any description, shotgun or rifle, which may be used for the explosion of cartridges, or any air gun, gas operated gun or spring gun, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name, within the Town limits of the Town of Monument or upon any property owned by the Town of Monument, be it within or without the Town limits; provided, that nothing in this section shall prevent the use of any such instruments in shooting galleries or in any private grounds or residence under circumstances when such instrument can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such a manner as to prevent the projectile from traversing any grounds or space outside the limits of such gallery, grounds or residence; and further provided, that nothing contained in this section shall prevent the ceremonial discharge of weapons using blank cartridges for such events as funerals and parades.
(Ord. 26-2001 § 1: prior code § 6-4-20)
(Ord. No. 20-2009, § 4, 8-3-2009)
NEW CASTLE,
Chapter 9.64 – WEAPONS AND EXPLOSIVES
9.64.020 – Prohibited use of weapons.
A. A person commits a criminal offense if: 1. He or she knowingly and unlawfully aims a firearm at another person;
2. Not being a peace officer, he or she knowingly fires or discharges any cannon, gun, pistol, revolver, or any other firearm anywhere within the town;
4. He or she knowingly and unlawfully discharges any air gun, gas-operated gun, BB gun, pellet gun, slingshot, or spring gun anywhere within the town;
5. He or she knowingly and unlawfully sets off, or explodes any firecracker, torpedo ball, rocket or other fireworks, except on the celebration of some holiday or event, by the consent of the mayor or town administrator.
9.64.050 – Possession of illegal weapon.
B. As used in this section, the term “illegal weapon” means a blackjack, bomb, firearm, silencer, gas gun, machine gun, short shotgun, short rifle, metallic knuckles, gravity grip, or switchblade knife or any knife with a blade in excess of three and one-half inches other than a concealed sheath knife.
C. It is unlawful for a person, other than a peace officer or member of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of his or her duties or a person who has a valid permit and license for such weapon, to knowingly possess an illegal weapon. The exceptions in this subsection shall be an affirmative defense.
(Prior code § 8-12-190)
SHERIDAN,
ARTICLE VII. – WEAPONS
Sec. 50-288. – Definitions.
Gas gun means a device designed for projecting gas-filled projectiles which release their contents after being projected from the device and includes projectiles designed for use in such device.
Illegal weapon means a blackjack, gas gun, metallic knuckles, knife, gravity knife or switchblade knife.
Mechanical gun means an air, spring operated or blow gun that discharges pellets, BB shots, paint balls, arrows or darts and includes but is not limited to BB guns, spring guns, pellet guns, paint ball guns or other similar device.
Sec. 50-290. – Unlawful use.
It is unlawful for any person to:
(5) To discharge or cause to be discharged any projectile from a mechanical gun except in a person’s dwelling, place of business, property under one’s ownership or control or establishment specifically designed and operated for the discharge of such weapons.
Sec. 50-291. – Open carrying or concealing weapons prohibited.
(a) It shall be unlawful for any person to carry, wear about their person or under their clothes, or concealed about their person, any firearm, handgun or mechanical gun.
SILT,
Chapter 9.32 – WEAPONS
9.32.010 – Shooting without authorization—Matches or competitions.
Except in circumstances of extreme emergency, no person shall, within the corporate limits of the town, fire or discharge any cannon, gun, rifle, fowling piece, pistol, air gun or firearms of any description, without prior permission from the town marshal, which permission shall limit the time and define the circumstances of such firing, and shall be subject to immediate revocation by the town marshal at any time for failure to comply with the conditions of the grant; provided, that no such permission shall be granted to any person to hold or conduct any shooting match or competitive skill with firearms within the limits of the town, except upon prior authorization by the board.
(Ord. 18, Series of 1980 § II (part): Gen. Ords. Art. XI § 9, 1936)
9.32.020 – Dangerous or deadly weapons.
H. Definition. For purposes of this section, “dangerous or deadly weapons” means any firearm whether loaded or unloaded including any pistol, revolver, rifle, shotgun, air gun, gas-operated gun, spring gun, B-B gun.
STEAMBOAT SPRINGS,
ARTICLE V. – WEAPONS
Sec. 10-166. – Discharge of firearms.
No person shall discharge any projectile from a firearm or gas or mechanically operated gun other than a police officer, or a peace officer of any state or the United States and acting in such capacity.
Sec. 10-168. – Aiming weapon at another.
No person not a police officer, or a peace officer of any state or the United States and acting in such capacity, shall knowingly aim a loaded or unloaded firearm or gas or mechanically operated gun at another person.
Sec. 10-169. – Dangerous and concealed weapons.
(b) Concealing prohibited. It is unlawful for any person within the corporate limits of the city to wear under his clothes, or concealed on or about his person, or to display in a threatening manner, or to flourish any dangerous or deadly weapon, including, but not limited to, any pistol, revolver, rifle, shotgun, air gun, gas-operated gun, spring gun, slingshot, brass knuckles, or knuckles of any material whatsoever, or any knife having a blade of more than 3½ inches in length, or any other dangerous or deadly weapon.
(c) Carrying prohibited. It is unlawful for any person within the corporate limits of the city to transport, carry, use or wear any dangerous or deadly weapon, including, but not limited to, any pistol, revolver, rifle, shotgun, air gun, gas-operated gun, spring gun.
STERLING,
Sec. 12-8. – Discharge of firearms, other explosive devices, and use of bows and crossbows.
Except as authorized by state statute, no person shall, within the city or within public parks belonging to the city, fire or discharge any cannon, gun, pistol, firearm, fireworks, except those defined as permissible in C.R.S. § 12-28-101(8), or air, spring or pellet gun of any description.
Sec. 13-63. – Discharge of firearms or dangerous missiles.
It shall be unlawful to discharge, fire or shoot any air gun, slingshot, pellet gun, blowgun, arrow, firearm or other projectile or projectile-launching device in any park or recreation facility owned by or leased to the city, except in designated areas.
(Ord. No. 3-1989, § 19A-24, 3-14-89, eff. 3-17-89)
Cross reference— Discharge of firearms or other explosives prohibited in the city, § 12-8.
THORNTON,
Sec. 38-236. – Concealed weapons.
(b) Unlawful acts.
(c) It shall be unlawful for any person to conceal a dangerous weapon, a prohibited weapon, a firearm or an air gun, whether loaded or unloaded, or whether capable or incapable of being fired, or bludgeon or slingshot on or about such person.
Sec. 38-237. – Dangerous weapons.
(a) Definitions. The following words, terms and phrases, when used in this section and applicable to this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Air gun means any instrument, toy or weapon commonly known as an air gun, air rifle, pellet gun, BB gun, paint pellet gun, mechanical gun, blowgun, or spring piston operated gun, which requires air to propel a BB, pellet, dart or other projectile, but excluding children’s plastic toy guns which shoot or project plastic or rubber darts and excluding gas guns, as defined in subsection 38-239(a).
Firearm means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable of or intended to be capable of discharging bullets, cartridges or other explosive charges, excluding gas guns, as defined in Section 38-239(a).
(b) Unlawful acts.
(2) It shall be unlawful for any person to knowingly possess on or about the person or within such person’s immediate reach any dangerous weapon.
(3) It shall be unlawful for an adult to knowingly possess an air gun, bludgeon, chemical agent, or slingshot if used in a manner intended to produce bodily injury. It shall also be unlawful for any juvenile to knowingly possess a chemical agent if used in an offensive manner intended to produce bodily injury.
(4) It shall be unlawful for any juvenile to knowingly possess on or about said person or within said person’s immediate reach any dangerous weapon or handgun. It is also unlawful for any juvenile to possess, on or about said person or within said person’s immediate reach, any air gun, bludgeon or slingshot. Provided, however, it shall not be unlawful for a juvenile to possess an air gun, bludgeon or slingshot if the juvenile is under the immediate and continuous supervision of a parent or adult who has legal custody; or a grandparent who has been given control of any juvenile by such juvenile’s parent or adult who has legal custody over such juvenile and such possession occurs on the property of such parent or adult who has legal custody of the juvenile.
(4) It shall be unlawful for a parent of any juvenile to knowingly allow such juvenile to possess any dangerous weapon, as defined herein, or any air gun, bludgeon or slingshot, unless under the immediate and continuous supervision of a parent or adult who has legal custody; or an adult who has been given control of any juvenile by such juvenile’s parent or adult who has legal custody over such juvenile.
(6) It shall be unlawful for any person to display or flourish a dangerous weapon, firearm, air gun, bludgeon, chemical agent or slingshot in a manner calculated to alarm another person.
(7) It shall be unlawful for any person to knowingly supply, sell, loan or furnish any air gun, slingshot, firearm, prohibited weapon, or dangerous weapon, as defined in Section 38-239(a) and subsection (a) of this section to:
a. Any person under the influence of intoxicating liquor or of a controlled substance, as defined in C.R.S. § 12-22-303(7); or
c. A firearm other than a handgun, to any juvenile unless the juvenile is accompanied by a parent or an adult who has legal custody; over such juvenile.
d. Sec. 38-238. – Discharging weapons.
e. Unlawful acts. It shall be unlawful for any person to knowingly or recklessly fire, shoot or discharge any air gun, chemical agent, dangerous weapon, slingshot, firearms as defined in Section 38-237(a), or prohibited weapon, as defined in Section 38-239(a), within the city.
f. Affirmative defenses. It shall be an affirmative defense to a violation of subsection (a) of this section that:
g. A person is firing or discharging an air gun, chemical agent, dangerous weapon, firearm or slingshot to defend one’s self or others from the imminent use of deadly force or as specifically authorized by state statute, or a person is discharging a chemical agent or slingshot to defend one’s self or others from the imminent use of unlawful force;
h. An adult is firing or discharging an air gun, bow, crossbow or slingshot within the confines of any building or any structure located on private property, with the permission of the owner of such private property or an adult occupant of such private property, or such adult’s own private property, provided that such air gun, bow, crossbow or slingshot is discharged so as not to endanger any person or property and the discharged projectile does not traverse the confines of the building or structure;
i. A juvenile is discharging an air gun, bow, crossbow or slingshot within the confines of the building or any structure located on private property, with the permission of the owner of such private property, or an adult occupant of such private property, and such juvenile is under the immediate and continuous supervision of a parent of such juvenile or the parent of a juvenile occupant of such private property, or adult occupant of such private property; provided however, that such air gun, bow, crossbow or slingshot is discharged so as not to endanger any person or property and the discharged projectile does not traverse the confines of the building or structure.
j. Exceptions. The prohibitions contained in subsection (a) of this section shall not apply to:
k. Persons using and discharging any dangerous weapon or firearm, as defined in Section 38-237(a), within the premises of any shooting gallery, rifle range or other shooting range lawfully operating and in compliance with the ordinances of the city, or for a demonstration or exhibition as authorized by the chief of police of the city, and used so as not to endanger any person or property;
l. Persons using and discharging any dangerous weapon or firearm, as defined in Section 38-237(a), at authorized classes of schools or universities and at all times under proper instruction and supervision;
m. Representatives of service, fraternal, athletic or educational organizations/institutions firing blank cartridges at training sessions, ceremonial occasions of the nature of funeral rights, parades, starting guns at formal athletic meets, or rehearsals for such occasions and similar events.
n. (Code 1975, § 33-2(C); Ord. No. 240, 8-2-66; Ord. No. 1099, 1-25-82; Ord. No. 1229, 4-11-83; Ord. No. 1598, 10-13-86; Ord. No. 2152, §§ 1—5, 4-27-92; Ord. No. 2340, § 1, 8-22-94; Ord. No. 2409, §§ 9—11, 3-18-96; Ord. No. 2777, § 5, 5-27-03)
Sec. 38-239. – Prohibited weapons
Gas gun means a device designed for launching gas filled projectiles which release their contents after having been projected from the device and includes projectiles designed for use in such a device.
Sec. 38-1. – Definitions.
Ammunition means any material which is capable of being discharged or projected from a firearm, air gun, bow, crossbow, slingshot or any weapon, as defined in Division 2 of Article VII of this chapter, including, but not limited to, bullets, cartridges, BBs, pellets, darts, arrows, shrapnel or stones.
WHEAT RIDGE,
Sec. 17-53. – Weapons.
It is unlawful to display, brandish, carry illegally or to discharge or use within any park or recreation area within the city, any BB guns, pellet guns, and air guns; bows and arrows, slingshots, paintball guns etc., or any explosive device or substance including fireworks.
WOODLAND PARK,
Chapter 9.70 – DANGEROUS OR DEADLY WEAPONS
9.70.010 – Definitions.
For purposes of this chapter, “dangerous or deadly weapons” means:
- Any firearm, whether loaded or unloaded, including any pistol, revolver, rifle, shotgun, air gun, gas-operated gun, spring gun, BB gun, any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, any cross knuckles, or knuckles of lead, brass or other metal.
Connecticut-
Connecticut generally prohibits any person from carrying a “BB gun.”1 Connecticut also generally bans the knowing possession of a BB gun in a vehicle.2
Conn. State Air-gun laws defined:
Sec. 53-206. Carrying of dangerous weapons prohibited. (a) Any person who carries upon his or her person any BB. gun, blackjack, metal or brass knuckles, or any dirk knife, or any switch knife, or any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, or stiletto, or any knife the edged portion of the blade of which is four inches or more in length, any police baton or nightstick, or any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument, shall be fined not more than five hundred dollars or imprisoned not more than three years or both. Whenever any person is found guilty of a violation of this section, any weapon or other instrument within the provisions of this section, found upon the body of such person, shall be forfeited to the municipality wherein such person was apprehended, notwithstanding any failure of the judgment of conviction to expressly impose such forfeiture.
Sec. 53-206c. Sale, carrying and brandishing of facsimile firearms prohibited. Class B misdemeanor. (a) For the purposes of this section:
(1) “Facsimile of a firearm” means (A) any nonfunctional imitation of an original firearm which was manufactured, designed and produced since 1898, or (B) any nonfunctional representation of a firearm other than an imitation of an original firearm, provided such representation could reasonably be perceived to be a real firearm. Such term does not include any look-a-like, non-firing, collector replica of an antique firearm developed prior to 1898, or traditional BB. or pellet-firing air gun that expels a metallic or paint-contained projectile through the force of air pressure.
(2) “Firearm” means firearm as defined in section 53a-3.
(b) No person shall give, offer for sale or sell any facsimile of a firearm. The provisions of this subsection shall not apply to any facsimile of a firearm, which, because of its distinct color, exaggerated size or other design feature, cannot reasonably be perceived to be a real firearm.
(c) Except in self defense, no person shall carry, draw, exhibit or brandish a facsimile of a firearm or simulate a firearm in a threatening manner, with intent to frighten, vex or harass another person.
(d) No person shall draw, exhibit or brandish a facsimile of a firearm or simulate a firearm in the presence of a peace officer, firefighter, emergency medical technician or paramedic engaged in the performance of his duties knowing or having reason to know that such peace officer, firefighter, emergency medical technician or paramedic is engaged in the performance of his duties, with intent to impede such person in the performance of such duties.
(e) Any person who violates any provision of this section shall be guilty of a class B misdemeanor.
1.Conn. Gen. Stat. § 53-206(a). An exception exists for possession on the person’s own property or on the property of another with authorization from that person or party. Conn. Gen. Stat. § 53-206(b)(6).
2.Conn. Gen. Stat. § 29-38(a). This prohibition does not apply if the BB gun is unloaded and stored in the trunk of such vehicle or in a locked container other than the glove compartment or console. Conn. Gen. Stat. § 29-38(b).
Purchase Restrictions
It is illegal for anyone under the age of 18 to buy a BB gun, though parents are allowed to purchase one and give it to their children. As part of purchasing a gun for a minor, a parent assumes responsibility of properly training the child to use the gun safely. Additionally, minors firing a BB gun are required to be under supervision of an adult while using it.
Transportation Restrictions
It is illegal to transport a BB gun unless it is secured in a car trunk or in another similarly locked device. It is illegal to transport BB guns on your person unless in a locked gun case. Improper transportation of BB guns is regulated under the same statutes that govern firearm and other dangerous weapons, and violation of BB gun transportation laws may result in a felony gun conviction or a fine of up to $500. Because of this law, it’s also illegal to ship BB guns through the mail or another shipping agency to Connecticut.
2012HB-05220-R00-HB.
AN ACT CONCERNING LOOK-A-LIKE FIREARMS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2012) (a) As used in this section, “look-a-like firearm” means any imitation firearm, simulated firearm, replica of a firearm or other device which substantially duplicates or is so similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm.
(b) No person shall alter, change, deface, remove, paint, emboss or in any other manner obliterate any coloration or markings that are required by any applicable state or federal law or regulation for any look-a-like firearm, in a manner that makes the look-a-like firearm look more like a firearm. Any person who violates any provision of this subsection shall have committed an infraction. This subsection shall not apply to the use of look-a-like firearms in theatrical productions including, but not limited to, motion pictures and television and stage productions.
(c) No person shall possess any look-a-like firearm, paintball gun, pellet-firing air gun or BB. gun in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school. Any person who violates any provision of this subsection shall be fined not more than five hundred dollars or imprisoned not more than three months or both.
(d) The provisions of this section shall not apply to any look-a-like firearm, paintball gun, pellet-firing air gun or BB. gun used by the Department of Emergency Services and Public Protection, police departments, the Department of Correction or the military or naval forces of this state or of the United States in the discharge of their official duties.
Statement of Purpose:
To make it an infraction for any person to deface the markings on any look-a-like firearm and to ban the possession of look-a-like firearms, paintball guns, pellet-firing air guns, and BB. guns within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school.
ANSONIA,
Sec. 17-34. – Same—B-B guns—Persons under eighteen prohibited from firing.
No person under the age of eighteen (18) years shall discharge or fire any rifle, pistol or other device which shall be designed or intended to fire or expel a B-B or other pellet by the use of compressed air or spring within the city.
(4-8-57, § 1; Ord. of 3-13-2001)
Town of
AVON,
Chapter 36 – MISCELLANEOUS PROVISIONS
Sec. 36-1. – Discharge of firearms; violation and penalties.
(a) No minor under 16 years of age, shall discharge any firearm, air rifle or air pistol within the limits of the Town, unless such discharge shall be in the presence and under the supervision of the parent or legal guardian of such minor, or a qualified instructor on an authorized range.
(b) Any person who violates this section shall be subject to a fine of $100.00. Each day such violation continues is a separate offense.
Town of
BLOOMFIELD,
(No documented air gun ordinances).
BRISTOL,
ARTICLE I. – IN GENERAL
Dangerous devices.
(1) Firearms, fireworks and projectile devices. No person shall possess illegal firearms, and no person, other than a police or security officer, shall carry openly any legal firearm. No person shall possess or discharge a firearm, firecracker, firework, bow, cross-bow, or traditional BB or pellet-firing air gun that expels a metallic or paint-contained projectile through the force of air pressure. This provision shall not apply to the display of fireworks under municipal authority, nor to activities authorized specifically by the board of park commissioners or confined within those areas specifically designated.
CHESHIRE,
ARTICLE II. – OPEN SPACE LANDS
(q) No person except duly qualified federal, state, or local law enforcement officials shall take into any open space land any firearm, air gun or gas weapon, sling shot, crossbow, bow and arrows or other articles of like character capable of maiming or destroying wildlife or destroying or defacing property, or any deadly weapon, dangerous instrument, or electronic defense weapon, as those terms are defined in Connecticut General Statutes Section 53a-3, as amended, even if said person has a valid permit to carry such a weapon.
Coventry,
Sec. 70-77. – Use or possession of firearms or other weapons.
No person shall use, carry or possess firearms of any description, including BB guns, air rifles, spring guns, bow and arrows, slingshots, any other weapons potentially harmful to wildlife and dangerous to human safety, any instrument that can be loaded with and fire blank cartridges or any fireworks of any description on any beach or park facility, excluding authorized personnel and special events approved by special permit.
DANBURY,
(No documented air gun ordinances).
Darien,
Sec. 38-22. – Discharge of firearms prohibited; exemptions.
It shall be unlawful for any person to discharge in the town any air rifle, air pistol, cannon, gun (including BB gun), pistol, revolver, rifle, shotgun or other such weapon or firearm except as follows:
(1) By peace officers acting in the performance of their duties as such, or by members of the armed forces of the United States or of the state, or by authorized messengers or bank guards when acting in performance of their duties as such.
(2) For the protection of life or property.
(3) On rifle, revolver, pistol, trap and skeet ranges authorized in writing by the chief of police of the town.
(4) By a person legally authorized to hunt under the provisions of the General Statutes and the regulations issued thereunder, in such places and in such manner as is authorized under such statutes and regulations; provided, however, hunting is prohibited in or on any public beach, park, or other land owned or leased by the town.
(Code 1972, § 31-5; Ord. of 11-8-1965, § 1)
DURHAM,
ARTICLE II. – ALLYN BROOK PARK
Sec. 11.5-26. – Rules of conduct.
(11)
Firearms. It shall be unlawful for any person to bring into or have in his possession:
b. Any pistol or revolver or objects in which loaded or blank cartridges may be used, except for official starters at authorized track and field events.
c. Any rifle, shotgun, air gun, spring gun, slingshot, bow or other weapon in which the propelling force is gunpowder, a spring or compressed air.
ENFIELD,
(No air gun restrictions documented).
GLASTONBURY,
DIVISION 1. – GENERALLY
Sec. 14-33. – Wildlife.
(c) Use of firearms and weapons. Except as provided in subsection (e) no person shall hunt, trap, or pursue wildlife at any time in a park or preserve and no person shall use, carry or possess firearms, air-rifles, spring guns, bows and arrows, slings, or any kind of trapping device, or any other weapons potentially inimical to wildlife and dangerous to human safety, with the exception of authorized persons who may hunt and trap to remove sick, injured or dangerous animals and to reduce or eliminate nuisance species.
ARTICLE 2. – PARKS AND RECREATION PLACES.
Sec. 7-24. – Fish and wildlife.
(d) No person shall hunt, trap or pursue wildlife at any time, and no person shall use firearms, air rifles, spring guns, bows and arrows, slings or any kind of trapping device or any other weapons or explosives to frighten, injure or kill wildlife, except for the purpose of wildlife management as authorized by the Director, in consultation with the Conservation Director, and approved by the Board of Selectmen.
GREENWICH,
ARTICLE 2. – PARKS AND RECREATION PLACES.
Sec. 7-24. – Fish and wildlife.
(e) No person shall hunt, trap or pursue wildlife at any time, and no person shall use firearms, air rifles, spring guns, bows and arrows, slings or any kind of trapping device or any other weapons or explosives to frighten, injure or kill wildlife, except for the purpose of wildlife management as authorized by the Director, in consultation with the Conservation Director, and approved by the Board of Selectmen.
GROTON, (No air gun restrictions documented).
HARTFORD,
Sec. 25-18. – Facsimiles of firearms.
(a) For the purposes of this section:
(1) Facsimile of a firearm means (A) any nonfunctional imitation of an original firearm which was manufactured, designed and produced since 1898, or (B) any nonfunctional representation of a firearm other than an imitation of an original firearm, provided such representation could reasonably be perceived to be a real firearm. Such term does not include any look-a-like, non-firing, collector replica of an antique firearm developed prior to 1898, or traditional BB or pellet-firing air gun that expels a metallic or paint-contained projectile through the force of air pressure.
CODE OF ORDINANCES
of the
MOHEGAN TRIBE OF INDIANS OF CONNECTICUT,
8-106(9) DIVISION 4. – VIOLATIONS AND PENALTIES
Unauthorized possession of firearms, archery equipment, or other weapons including, but not limited to, air rifles, slingshots, firecrackers, missile propelling instruments or explosives, or “other substances” (Defined in Section 8-106)
Eviction and referral to Tribal Court which shall impose a fine up to $1,000.00
Sec. 8-106. – Hunting, Firearms, Explosives, Weapons.
(a) No person, except for on duty officers of the Mohegan Tribal Police and, in limited circumstances, State of Connecticut and federal officers (as elsewhere provided in the Mohegan Tribe Code), shall bring into Shantok any firearms, archery equipment or other weapons, including but not limited to air rifles and sling shots, firecrackers, missile propelling instruments or explosives, including any substance, compound or mixture having properties of such a character that alone or in combination with other substances, compounds and mixtures, propel missiles, explode or decompose to produce flames, combustion, noise, or noxious or dangerous odors. Nothing in this Subsection shall be construed to prohibit the proper use of cigarette lighters, matches or of charcoal lighter fluid in proper containers in picnic grills where permissible pursuant to the provisions of this code.
Borough of
NAUGATUCK,
(No air gun restrictions/ordinances recorded).
New Haven,
Chapter 19 – PARKS, RECREATION AND TREES
Sec. 19-5. – Rules of conduct and prohibited acts.
(12) Firearms. It shall be unlawful for any person to bring into or have in his/her possession in any park or recreation area:
(h) Any pistol, revolver or object(s) in which loaded or blank cartridges may be used, except for official starters at authorized track and field events.
(ii) Any burglar tool(s), implement(s) or similar equipment.
(iii) Any rifle, shotgun, air gun, spring gun, slingshot, bow or other weapon in which the propelling force is gunpowder, a spring or compressed air.
City of
NEW LONDON,
(No air gun restrictions/ordinances recorded).
NORWICH,
ARTICLE I. – IN GENERAL
Sec. 14-5. – Firearms; other weapons.
No firearms, air rifles, gas weapons, slingshots, bows and arrows, or any other weapon shall be displayed, carried, or discharged in Mohegan Park, parklets, or recreation areas.
(Ord. No. 628, § 4, 8-7-72; Ord. No. 1124, 6-1-87)
Cross reference— Restrictions on discharging air guns, spring guns and firearms in city, §§ 13-1, 13-8.
PORTLAND,
(No air gun restrictions/ordinances recorded).
SEYMOUR,
Sec. 11-5. – Guns and firearms—Declaration of need for regulation.
It is hereby declared that enactment of sections 11-5 through 11-8 is essential as a matter of public necessity and proper for protection and preservation of health, property and the lives of the citizens of the town, to protect the public safety by prohibiting the selling, or offering for sale to any person under the age of 16 years of any air gun or rifle or pistol, BB gun, spring gun, or pistol or any other implement which impels with force a pellet of any kind or any firearm to any person under the age of 16 years and further prohibiting the possession, use or carrying of such a gun or device.
(Code 1961, § 13-6)
Sec. 11-6. – Same—Sale to children prohibited.
It shall be unlawful and is hereby prohibited for any person to sell or offer for sale to any person under the age of 16 years any air gun or rifle or pistol, BB gun, spring gun or pistol, or rifle, or any other implement which impels with force a pellet of any kind or any gun or rifle or pistol which fires or which is designed or intended to fire a bullet, shell or pellet by means of gunpowder, or other chemical propellant which such devices are generally known as firearms, within the limits of the town.
(Code 1961, § 13-7)
State law reference— Sale of pistols, revolvers to minors prohibited, G.S. § 29-34.
Sec. 11-7. – Same—Ownership, possession, use by children prohibited; exception.
(a) It shall be unlawful and is hereby prohibited for any person under the age of 16 years to own, possess, use or carry any air gun or rifle or pistol, BB gun, spring gun or rifle or pistol, or any other implement which impels with force a pellet of any kind or any gun, rifle or pistol which fires or which is designed or intended to fire a bullet, shell or pellet by means of gunpowder or other chemical propellant which such devices are generally known as firearms, within the limits of the town.
(b) Provided, however, that a person under 16 years of age can have the use of a rifle or other device described in this section, provided they are with their parents or guardians and under their supervision.
(Code 1961, § 13-8)
Sec. 11-8. – Same—Confiscation by police authorized.
The police department is hereby authorized, empowered and directed to seize, remove and destroy any gun, rifle, pistol or implement the use of which is prescribed by the terms of sections 11-5 through 11-7.
(Code 1961, § 13-9)
SHELTON,
ARTICLE IV. – OPEN SPACES
Sec. 11-51. – Open space regulations.
(10 Hunting, trapping, archery, discharging firearms, paintball guns, air guns or use of any weapon on or into any city open space area is prohibited. Hunters crossing city open space areas to gain access to private or state property may proceed through city open space areas only with an unloaded firearm.
SOUTH WINDSOR,
ARTICLE V. – WEAPONS
Sec. 70-191. – Discharge of firearms and other dangerous devices.
(c) For the purpose of this section, a dangerous device shall be any air rifle, BB gun, slingshot, crossbow, bow and arrow, or any other device capable of projecting an object with sufficient force so as to cause injury to person or domestic animals or to cause damage to property.
ARTICLE III. – CONDUCT IN PUBLIC PARKS
Sec. 74-67. – Prohibited behavior.
(8) Hunt, trap or pursue wildlife at any time. No person, other than personnel authorized by the director, shall use, carry or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other form of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with a fire blank cartridge, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
STAMFORD,
CHAPTER 242. – WEAPONS
Sec. 242-1. – Discharge of firearms prohibited; exceptions;
Sec. 242-3. – Specific devices restricted.
Except as otherwise provided in § 242-1, it shall be unlawful for any person within the city to shoot any BB rifle or pistol, air rifle or pistol or similar device, whether the pellets or shot are propelled by spring, compressed air or any other method or device.
TORRINGTON,
ARTICLE I. – SALE TO MINORS
§ 117-1. – Sale of certain guns to minors prohibited.
It shall be unlawful for any person to sell, offer or expose for sale, lend, hire, barter or give to any person under the age of 18 years any high-compression rifle, pistol, air gun, BB gun or other device in which the expulsive or impelling force is compressed or condensed air.
Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
§ 117-2. – Penalties for offenses.
Any person violating any of the provisions of this article shall, upon conviction thereof, and in addition to other penalties provided by law, be subject to a fine not to exceed $100.00 for each such offense.
TRUMBULL,
Sec. 14-7. – Non-powder propelled guns.
(a) For the purposes of this section the following definitions shall apply:
Dealer means any person selling, bartering or renting at retail any non-powder-propelled gun.
Minor means a person under the age of twenty-one (21) years.
Non-powder-propelled gun means any rifle or pistol which is designed to expel a projectile by the use of compressed air or gas or of a spring or elastic and includes sling shots and similar implements by whatever name known, but does not include a firearm or a bow and arrow.
(b) No person shall sell, lend, rent, barter, give or otherwise transfer any non-powder-propelled gun to any minor, except where the relation of parent and child, guardian and ward or adult instructor and pupil exists between such person and such minor.
(d) Every dealer shall require proof of the age of any person applying to him to sell, rent, lend, barter, or otherwise transfer to him a non-powder-propelled gun and shall be entitled to rely upon reasonable proof so furnished on behalf of any person so applying.
(e) No person shall discharge any non-powder-propelled gun upon private property within the Town, except under such circumstances that when discharged or operated it will not endanger persons or property or cause the projectile to traverse any property other than that property upon which the same was discharged.
(f) No person shall discharge any non-powder-propelled gun from or across any sidewalk or public highway or other public places within the Town except upon a properly conducted target range.
(g) Any person who violates any provision of this section or who falsely represents himself or any other person as being over the age of twenty-one (21) years in order to enable the person so represented to receive, borrow, barter, or otherwise obtain any non-powder-propelled gun shall be fined seventy-five dollars ($75.00).
(Code 1962, §§ 14-1—14-6; Res. No. TC13-100, 10-7-91)
VERNON, *(No ordinances related to air guns documented)
WATERFORD, *(No ordinances related to air guns documented)
WATERTOWN, *(No ordinances related to air guns documented)
WESTBROOK, *(No ordinances related to air guns documented)
WESTPORT, *(No ordinances related to air guns documented)
WINDHAM, *(No ordinances related to air guns documented)
DELAWARE-
Delaware prohibits the possession, sale or control of any weapon that, by compressed air, discharges or projects a pellet, slug or bullet, except a B.B. or air gun that is not capable of discharging or projecting a pellet or slug larger than a B.B. shot.1 Furthermore, the state prohibits transferring in any manner a B.B. or air gun or B.B. shot to a child under age 16, unless the transferor is the child’s parent or guardian or someone with the permission of the child’s parent or guardian.2 The state also prohibits allowing a child under age 16 to possess a B.B. or air gun unless under the direct supervision of an adult.3
No person may possess a B.B. gun in a state-designated “Safe School and Recreation Zone.”
1.Del. Code Ann. tit. 11, § 1445(1)(a).
§ 1457. Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F felony; class A or B misdemeanor.
(a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a “Safe School and Recreation Zone” shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.
(b) The underlying offenses in Title 11 shall be:
(1) Section 1442. — Carrying a concealed deadly weapon; class G felony; class D felony.
(2) Section 1444. — Possessing a destructive weapon; class E felony.
(3) Section 1446. — Unlawfully dealing with a switchblade knife; unclassified misdemeanor.
(4) Section 1448. — Possession and purchase of deadly weapons by persons prohibited; class F felony.
(5) Section 1452. — Unlawfully dealing with knuckles-combination knife; class B misdemeanor.
(6) Section 1453. — Unlawfully dealing with martial arts throwing star; class B misdemeanor.
(c) For the purpose of this section, “Safe School and Recreation Zone” shall mean:
(1) Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational-technical school or any college or university, within 1,000 feet thereof; or
(2) Any motor vehicle owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or any college or university; or
(3) Any building or structure owned, operated, leased or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation or other entity thereof, or by any private organization, which is utilized as a recreation center, athletic field or sports stadium.
(d) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or any other provision of law. A person may be convicted both of the crime of possession of a weapon in a Safe School and Recreation Zone and of the underlying offense as defined elsewhere by the laws of the State.
(e) It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or in a Safe School and Recreation Zone.
(f) It shall be an affirmative defense to a prosecution for a violation of this section that the weapon was possessed pursuant to an authorized course of school instruction, or for the purpose of engaging in any school-authorized sporting or recreational activity. The affirmative defense established in this section shall be proved by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for any offense defined in any other section of this chapter.
(g) It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, and that no person under the age of 18 was present in such private residence at any time during the commission of the offense. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter.
(h) This section shall not apply to any law enforcement or police officer, or to any security officer as defined in Chapter 13 of Title 24.
(i) For purposes of this section only, “deadly weapon” shall include any object described in § 222(5) or (12) of this title or BB guns.
(j) The penalty for possession of a weapon in a Safe School and Recreation Zone shall be:
(1) If the underlying offense is a class B misdemeanor, the crime shall be a class A misdemeanor;
(2) If the underlying offense is an unclassified misdemeanor, the crime shall be a class B misdemeanor;
(3) If the underlying offense is a class E, F, or G felony, the crime shall be one grade higher than the underlying offense.
(4) If the underlying offense is a class D felony, the crime shall also be a class D felony.
(5) In the event that an elementary or secondary school student possesses a firearm or other deadly weapon in a Safe School and Recreation Zone in addition to any other penalties contained in this section, the student shall be expelled by the local school board or charter school board of directors for a period of not less than 180 days unless otherwise provided for in federal or state law. The local school board or charter school board of directors may, on a case by case basis, modify the terms of the expulsion.
70 Del. Laws, c. 213, § 1; 74 Del. Laws, c. 131, §§ 1-4; 76 Del. Laws, c. 326, § 1; 77 Del. Laws, c. 64, §§ 1, 2; 77 Del. Laws, c. 313, §§ 4, 5.;
2.Del. Code Ann. tit. 11, § 1445(2).
3.Del. Code Ann. tit. 11, § 1445(3).
4.Del. Code Ann. tit. 11, § 1457(a), (b), (i).
DOVER,
Chapter 70 – OFFENSES AND MISCELLANEOUS PROVISIONS
Sec. 70-2. – Weapons generally.
(a) Prohibited. It shall be unlawful for any person to have in his possession, carry or use a revolver or pistol of any description, a shotgun or rifle which may be used for the explosion of bullets and cartridges, or any air gun, BB gun, gas-operated gun or spring-operated gun, or any instrument, toy or weapon commonly known as a “peashooter,” “slingshot” or “beany,” or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, or any knife, whether that instrument is called by any name set forth above or by any other name.
(c) License. The weapons prohibited in subsection (a) of this section shall be permitted upon the grant of a license therefor, if required, in the following situations:
(2) On owner’s property. Possession within the possessor’s own domicile or business.
(3) Other license or permit. Possession, carrying or use in conformity with a license issued by the state for that weapon or a permit issued by the chief of police.
(4) Shooting ranges. Possession or use at licensed shooting galleries or ranges when the instrument can be fired, discharged or operated in a manner that shall not endanger persons or property, and also in a manner that shall prevent the projectile from traversing any grounds or space outside the limits of the gallery or range.
(5) Unloaded and cased. Carrying of any type of gun whatsoever, when unloaded and properly cased, to or from any licensed gallery or range or to or from an area where hunting is allowed by law. This subsection shall not limit the permitted carrying of guns allowed by subsection (b)(5) of this section.
(6) Officers. Carrying, wearing, possessing and using, by United States marshals, sheriffs, constables and their deputies, and any regular, special or ex officio police officer, or any other law enforcement officer while on duty, or as shall be necessary in the proper discharge of their duties.
(7) State license. Possession, carrying or use in conformity with a license issued by the state for that purpose in areas approved by the chief of police, and only then when used in such a manner that shall not endanger persons or property.
(8) Defense. Persons exercising their legal right of self-defense or defense of property or others.
(d) Discharge. It shall be unlawful for any person to discharge any gun, pistol, revolver or other firearm within the city, except lawfully pursuant to subsections (b)(2), (3) and (5)—(7) of this section, and those persons excepted by law.
(e) Business display. It shall be unlawful for any pawnbroker, secondhand dealer or other person who engages in business in the city to display, or to place on exhibition in any show window or other window facing upon any street, any pistol, revolver or other firearm with a barrel of less than 12 inches in length, or any switchblade knife, or any brass or metal knuckles, or any club loaded with lead or other weight, or any blackjack or billy-club.
(f) Furnishing to certain persons. It shall be unlawful for any person to purchase from, or sell, loan or furnish any weapon to, any person under the influence of any alcoholic beverage or any narcotic drug, stimulant or depressant, to any person in a condition of agitation and excitability or to a minor under the age of 18 years.
(g) Forfeiture. Every person convicted of a violation of this section or section 70-3, or any state law relating to weapons shall forfeit to the city the dangerous or deadly weapon concealed or displayed. Upon a finding of guilt, it shall then be the duty of the court, after the expiration of a reasonable time, to declare by written order that the chief of police shall either dispose of the weapon or retain the weapon for official police department use.
(g) Definition. As used in subsection (e) and (f) of this section, the term “weapon” shall mean any revolver or pistol, shotgun or rifle which may be used for the explosion of bullets and cartridges, or any air gun, BB gun, or any instrument, toy or weapon commonly known as a “peashooter,” “slingshot” or “beany,” or any bow made for the purpose of throwing or projecting missiles of any kind, or any knife.
(Code 1968, §§ 20-29, 20-33—20-36; Code 1981, § 14-5)
Sec. 74-24. – Dangerous weapons.
Carrying or possessing, while in any area covered by this chapter, a gun, air gun, bow and arrow, sling, dart, projectile thrower, knife with a blade more than three inches long, or any other dangerous weapon is prohibited, and nothing in this section shall be construed so as to prevent the use of target ranges, and the use of bows and arrows by park visitors on officially established archery ranges.
(Ord. of 12-8-1975, § 2(21-8.15(4), (5), 21-15); Code 1981, § 15-24)
CITY OF MILFORD,
(NO documented air gun ordinances).
County of
NEW CASTLE,
Sec. 22.03.001. – Possession by persons under sixteen (16) years of age.
Possession of firearms, air pressure guns, including BB guns, bows and metal tipped arrows, by anyone sixteen (16) years of age or younger is prohibited, unless under direct supervision of a person twenty-one (21) years of age or over.
(Ord. No. 98-050, § 1(22-61), 5-26-1998)
Sec. 22.03.002. – Discharge on, across public roads.
Discharge of any firearm or other deadly weapon on, upon, across, in or into a public road is prohibited.
(Ord. No. 98-050, § 1(22-62), 5-26-1998)
Sec. 22.03.003. – Discharge within safety zone around structures.
A. It shall be unlawful to discharge a firearm either inside or within the following distances from any structure or camp, occupied or capable of being occupied, or any barn, stable or other building or permanent facility used in connection therewith except for those owned and operated by an outdoor or partially enclosed shooting range (all distance requirements set forth below for discharging a firearm within the stated distance of structures, camps, barns, stables, or other buildings or permanent facilities not owned and operated by an outdoor partially enclosed shooting range shall remain in effect), or to discharge a firearm at a target, object, bird or animal that is within such distances:
1. North of the line created beginning at the Delaware Memorial Bridge and following Interstate 295 to its intersection with Interstate 95, thence to the Delaware-Maryland border: two hundred (200) yards.
2. South of the line created beginning at the Delaware Memorial Bridge and following Interstate 295 to its intersection with Interstate 95, thence to the Delaware-Maryland border: one hundred (100) yards.
B. The area within such distance shall be a safety zone.
(Ord. No. 98-050, § 1(22-63), 5-26-1998)
Sec. 22.03.004. – Exemptions to safety zone.
Section 22.03.003 shall not apply:
C. Inside one’s own home or residence.
D. Inside one’s own place of business.
D. Inside the home, residence or place of business of another when the owner, occupant or agent has given permission.
E. At an outdoor or partially enclosed shooting range that has:
1. A safe impact area.
2. Effective control of the shooters.
3. Reasonable means to restrict access to the zone of fire and impact area.
4. Complied with all applicable laws and ordinances.
6. Been approved or sanctioned by a national organization after a formal study and investigation of the range by the organization in conjunction with the Police Department. It is not intended that any civil liability shall arise or attach to such national organization or to its state affiliate for providing the approval or sanction required by this Section.
F. To a person acting within the scope of the justification defenses provided by 11 Del. C. Ch. 4 (Defenses to Criminal Liability), or as provided in Sections 22.03.007 and 22.03.008
(Ord. No. 98-050, § 1(22-64), 5-26-1998; Ord. No. 10-113, § 1(Ext. A), 1-18-2011)
Sec. 22.03.005. – Indoor shooting ranges.
Indoor shooting ranges are exempted from Sections 22.03.003 and 22.03.004.
(Ord. No. 98-050, § 1(22-65), 5-26-1998)
Sec. 22.03.006. – Hunting north of Chesapeake and Delaware Canal.
North of the Chesapeake and Delaware Canal, it shall be unlawful to hunt any animal except as regulated by the State Division of Fish and Wildlife of the Delaware Department of Natural Resources and Environmental Control. This Section shall not apply to the hunting of groundhogs, rats, weasels, skunks and foxes when attacking farm animals.
(Ord. No. 98-050, § 1(22-66), 5-26-1998)
Sec. 22.03.007. – Exemptions generally.
Sections 22.03.001 through 22.03.006 shall not apply to State, County and Municipal Police Officers nor shall they apply to persons employed as security guards while they are traveling to and from their places of employment or acting within the scope of their employment nor shall they apply to persons duly licensed to carry concealed a deadly weapon within the State nor shall they apply within any State or federally owned hunting areas.
Sec. 24.01.014. – Possession of certain knives; discharge of weapons.
No person shall carry a knife upon his or her person having a blade three (3) inches or longer in length or have possession of or discharge a BB gun, air rifle, pistol, firearm, paint ball gun, bow and arrow or any other type of lethal weapon in any park.
NEWARK,
ARTICLE VII. – PARKS AND RECREATION
Sec. 2-71. – Rules and regulations for the use of parks owned by the City of Newark.
(i) No person shall have in his/her possession a knife having a blade of three inches or longer in length, a BB gun, air rifle, pistol, pellet gun, firearm, bow and arrow, or any other type of lethal weapon in any park. These prohibitions do not apply to programs conducted or sanctioned by the City of Newark.
SMYRNA,
ARTICLE VI. – WEAPONS
Sec. 42-196. – Firearms; discharge prohibited; defense; penalty.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearm means any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas, compressed air, and/or mechanical means, whether operable or inoperable, loaded or unloaded. The term “firearm” includes a “BB gun.”
(c) Discharge prohibited. It shall be unlawful for any person to shoot or to cause the discharge of any firearm within the town limits.
(d) Justification defenses. In any prosecution for a violation of this section, justification, as defined in 11 Del. C. §§ 462—471 (as those statutes may from time to time hereafter be amended, or any future corresponding statute, shall be available as a defense.
(e) Penalty. Any person violating this section shall be guilty of a criminal violation and, upon conviction, be subject to criminal penalties as provided under section 1-11 of this Code.
(Gen. Ords., Art. IV, Tit. 38, §§ 1, 2; Ord. of 11-19-01, § 1; Ord. of 8-5-02(1), § 18)
Sec. 4. – Powers of the town.
4.2.24
May regulate or prevent the use of guns, air guns, spring guns, pistols, sling shots, bow and arrows, and any other device for discharging missiles which may cause bodily injury or injuries or harm to persons or property; and to regulate or prevent the use of bonfires, fireworks, bombs and detonating works of all kinds.
WILMINGTON,
Sec. 38-66. – Discharge of weapons.
It shall be unlawful for any person upon any park property owned by the city, whether maintained by the city or by the county, to discharge a firearm or air gun, BB gun or slingshot, or use bow and arrow except at designated locations and under approved supervision.
D.C. (District of Columbia/Wash. D.C.-
District of Columbia *(U.S. Capitol) Washington D.C.; Air-gun laws:
The District of Columbia generally prohibits the possession or carrying outside any building of an air rifle, air gun, air pistol, B-B gun or any similar type gun. {A} person may use an air rifle, air gun, air pistol or B-B gun if such use is supervised by a person age 18 or older, for:
•A theatrical performance or athletic contest;
•Use at a licensed shooting gallery; or
•Use at other locations where the use of such guns is authorized by the Chief of Police.2
Persons age 18 or older may transport an air rifle, air gun, air pistol or B-B gun within the District if unloaded and securely wrapped.
The District also prohibits the sale or other transfer to any person under age 18 of an air rifle, air gun, air pistol, B-B gun or a similar type of gun, or ammunition for such weapons. These transfers are lawful if supervised by a person age 18 or older for:
•A theatrical performance or athletic contest;
•Use at a licensed shooting gallery; or
•Transfer at other locations where the use of the item is authorized by the Chief.5
1. D.C. Mun. Regs. tit. 24, § 2301.3.
2300.3 This section shall not apply to the discharge of firearms or explosives in a performance conducted in or at a regular licenses theater or show, or to a discharge of a registered firearm while it is being used to protect against a reasonably perceived threat of immediate harm to a person in the registrant’s home.
2. D.C. Mun. Regs. tit. 24, § 2301.5.
2300.5 The permit issued under §2300.4 shall state the caliber of weapons allowed under the permit.
3. D.C. Mun. Regs. tit. 24, § 2301.4.
2300.4 Upon application to the Mayor by the president of any private or public university, college, or other educational institution, or the president of the Board of Education of the District of Columbia, guns and rifles of small caliber may be used by the officers, instructors, and pupils of the school, upon receiving a permit for the discharge of arms from the Chief of Police.
4. D.C. Mun. Regs. tit. 24, § 2302.1.
2300 DISCHARGE OF WEAPONS
2300.1 No gun, air gun, rifle, air rifle, pistol, revolver, or other firearm, cannon, or torpedo shall be discharged or set off in the District without a special written permit from the Chief of Police.
5.D.C. Mun. Regs. tit. 24, § 2302.3.
FLORIDA-
Florida law requires any minor under the age of 16 who is using a BB gun, air or gas-operated gun, or electric weapon or device, for any purpose whatsoever, to be under the supervision and in the presence of an adult who is acting with the consent of the minor’s parent. Florida law also penalizes any adult responsible for the welfare of any child under the age of 16 years who knowingly permits such child to use or have in his or her possession any BB gun, air or gas-operated gun, or electric weapon or device, except under the supervision and in the presence of an adult who is acting with the consent of the minor’s parent.
1. Fla. Stat. § 790.22(1).
2. Fla. Stat. § 790.22(2).
Laws defined:
Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
790.22 Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties.—
(1) The use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons or devices, by any minor under the age of 16 years is prohibited unless such use is under the supervision and in the presence of an adult who is acting with the consent of the minor’s parent.
(2) Any adult responsible for the welfare of any child under the age of 16 years who knowingly permits such child to use or have in his or her possession any BB gun, air or gas-operated gun, electric weapon or device, or firearm in violation of the provisions of subsection (1) of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) A minor under 18 years of age may not possess a firearm, other than an unloaded firearm at his or her home, unless:
(a) The minor is engaged in a lawful hunting activity and is:
1. At least 16 years of age; or
2. Under 16 years of age and supervised by an adult.
(b) The minor is engaged in a lawful marksmanship competition or practice or other lawful recreational shooting activity and is:
1. At least 16 years of age; or
2. Under 16 years of age and supervised by an adult who is acting with the consent of the minor’s parent or guardian.
(c) The firearm is unloaded and is being transported by the minor directly to or from an event authorized in paragraph (a) or paragraph (b).
(4)(a) Any parent or guardian of a minor, or other adult responsible for the welfare of a minor, who knowingly and willfully permits the minor to possess a firearm in violation of subsection (3) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Any natural parent or adoptive parent, whether custodial or noncustodial, or any legal guardian or legal custodian of a minor, if that minor possesses a firearm in violation of subsection (3) may, if the court finds it appropriate, be required to participate in classes on parenting education which are approved by the Department of Juvenile Justice, upon the first conviction of the minor. Upon any subsequent conviction of the minor, the court may, if the court finds it appropriate, require the parent to attend further parent education classes or render community service hours together with the child.
(c) The juvenile justice circuit boards or juvenile justice county councils or the Department of Juvenile Justice shall establish appropriate community service programs to be available to the alternative sanctions coordinators of the circuit courts in implementing this subsection. The boards or councils or department shall propose the implementation of a community service program in each circuit, and may submit a circuit plan, to be implemented upon approval of the circuit alternative sanctions coordinator.
(d) For the purposes of this section, community service may be provided on public property as well as on private property with the expressed permission of the property owner. Any community service provided on private property is limited to such things as removal of graffiti and restoration of vandalized property.
(5)(a) A minor who violates subsection (3) commits a misdemeanor of the first degree; for a first offense, may serve a period of detention of up to 3 days in a secure detention facility; and, in addition to any other penalty provided by law, shall be required to perform 100 hours of community service; and:
1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or driving privilege for up to 1 year.
2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period of up to 1 year.
3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for up to 1 year after the date on which the minor would otherwise have become eligible.
(b) For a second or subsequent offense, a minor who violates subsection (3) commits a felony of the third degree and shall serve a period of detention of up to 15 days in a secure detention facility and shall be required to perform not less than 100 nor more than 250 hours of community service, and:
1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or driving privilege for up to 2 years.
2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period of up to 2 years.
3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for up to 2 years after the date on which the minor would otherwise have become eligible.
For the purposes of this subsection, community service shall be performed, if possible, in a manner involving a hospital emergency room or other medical environment that deals on a regular basis with trauma patients and gunshot wounds.
(6) Any firearm that is possessed or used by a minor in violation of this section shall be promptly seized by a law enforcement officer and disposed of in accordance with s. 790.08(1)-(6).
(7) The provisions of this section are supplemental to all other provisions of law relating to the possession, use, or exhibition of a firearm.
(8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor is charged with an offense that involves the use or possession of a firearm, including a violation of subsection (3), or is charged for any offense during the commission of which the minor possessed a firearm, the minor shall be detained in secure detention, unless the state attorney authorizes the release of the minor, and shall be given a hearing within 24 hours after being taken into custody. At the hearing, the court may order that the minor continue to be held in secure detention in accordance with the applicable time periods specified in s. 985.26(1)-(5), if the court finds that the minor meets the criteria specified in s. 985.255, or if the court finds by clear and convincing evidence that the minor is a clear and present danger to himself or herself or the community. The Department of Juvenile Justice shall prepare a form for all minors charged under this subsection which states the period of detention and the relevant demographic information, including, but not limited to, the gender, age, and race of the minor; whether or not the minor was represented by private counsel or a public defender; the current offense; and the minor’s complete prior record, including any pending cases. The form shall be provided to the judge for determining whether the minor should be continued in secure detention under this subsection. An order placing a minor in secure detention because the minor is a clear and present danger to himself or herself or the community must be in writing, must specify the need for detention and the benefits derived by the minor or the community by placing the minor in secure detention, and must include a copy of the form provided by the department.
(9) Notwithstanding s. 985.245, if the minor is found to have committed an offense that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation of subsection (3), or an offense during the commission of which the minor possessed a firearm, and the minor is not committed to a residential commitment program of the Department of Juvenile Justice, in addition to any other punishment provided by law, the court shall order:
(a) For a first offense, that the minor shall serve a minimum period of detention of 15 days in a secure detention facility; and
1. Perform 100 hours of community service; and may
2. Be placed on community control or in a nonresidential commitment program.
(b) For a second or subsequent offense, that the minor shall serve a mandatory period of detention of at least 21 days in a secure detention facility; and
1. Perform not less than 100 nor more than 250 hours of community service; and may
2. Be placed on community control or in a nonresidential commitment program.
The minor shall not receive credit for time served before adjudication. For the purposes of this subsection, community service shall be performed, if possible, in a manner involving a hospital emergency room or other medical environment that deals on a regular basis with trauma patients and gunshot wounds.
(10) If a minor is found to have committed an offense under subsection (9), the court shall impose the following penalties in addition to any penalty imposed under paragraph (9)(a) or paragraph (9)(b):
(a) For a first offense:
1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or driving privilege for up to 1 year.
2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period for up to 1 year.
3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for up to 1 year after the date on which the minor would otherwise have become eligible.
(b) For a second or subsequent offense:
1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or driving privilege for up to 2 years.
2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period for up to 2 years.
3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for up to 2 years after the date on which the minor would otherwise have become eligible.
History.—ss. 1, 2, ch. 26946, 1951; s. 8, ch. 69-306; s. 753, ch. 71-136; s. 2, ch. 76-165; s. 177, ch. 91-224; s. 5, ch. 93-416; s. 29, ch. 95-267; s. 6, ch. 96-398; s. 1817, ch. 97-102; s. 32, ch. 98-136; s. 50, ch. 98-280; s. 1, ch. 99-284; s. 10, ch. 2000-135; s. 113, ch. 2006-120; s. 160, ch. 2010-102.
ALACHUA,
(No documented air gun ordinances).
County of
ALACHUA, (No documented air gun ordinances).
ALTAMONTE SPRINGS, (No documented air gun ordinances).
ANNA MARIA, (No documented air gun ordinances).
APOPKA, (No documented air gun ordinances).
ARCADIA,
Sec. 74-36. – Firearms and dangerous instruments.
(a) No person shall bring onto park property or have in his possession on park property any firearm or ammunition, any explosive, dynamite caps, fireworks, air gun, pellet gun, spring gun, slingshot, cross bow, bow and arrow, any device or means by which a projectile can be propelled, any device which can be loaded with blank cartridges, any trapping device, any incendiary bomb or material, any smoke or stink bomb, any tear gas or other disabling chemical agent, any acid or caustic substance, or any inflammable liquid except fuel contained in the fuel tank of a motor vehicle and not more than one gallon of liquid fuel in a closed metal container.
(b) No person shall discharge any of the weapons or instruments listed in subsection (a) of this section into any park from outside a park.
(c) The city may designate times and places where fireworks can be used within a park. The city shall promulgate regulations to ensure that in such cases the fireworks are used in a safe manner and in compliance with state laws.
(Code 1986, § 20-34(b)
Sec. 70-6. – Discharging firearms.
It is unlawful for any person to discharge, within the city limits, any gun, pistol or other firearm; provided that the mayor and city marshal are allowed to give persons permission to discharge firearms within the corporate limits when, in their opinion, they may deem it necessary.
(Code 1986, § 19-9)
State law reference— Discharging firearms in public places, F.S. § 790.15.
State law reference— Weapons and firearms, F.S. ch. 790; fireworks, F.S. ch. 791.
ASTATULA, (No documented air gun ordinances).
ATLANTIC BEACH,
Sec. 13-3. – Discharging air guns, etc., prohibited.
(b) It shall be unlawful to discharge any loaded air gun, air rifle, air pistol or similar device within the city.
(c) This section does not apply to a person lawfully defending life or property or performing official duties.
(Code 1970, § 14-17; Ord. No. 95-11-104, § 2, 9-26-11)
Section 2 of Ord. No. 95-11-104, adopted Sept. 26, 2011, changed the title of § 13-3 from “Discharging firearms, air guns, etc., prohibited” to “Discharging air guns, etc., prohibited.”
State law reference— Discharging firearm in public, F.S. § 790.15.
ATLANTIS, (No documented air gun ordinances).
AUBURNDALE, (No documented air gun ordinances).
AVENTURA, (No documented air gun ordinances).
AVON PARK,
Sec. 66-67. – Weapons.
No person, other than authorized law enforcement personnel, shall use or possess in any city park or recreation center air rifles, spring guns, bows and arrows, slingshots or any other forms of weapons, other than firearms, potentially dangerous to human safety. Any such weapon shall be seized and confiscated by law enforcement officers, park or recreation center personnel.
(Ord. No. 95-5, § 2-1(d), 10-9-1995; Ord. No. 7-97, § 2-1(d), 8-11-1997)
State law reference— Ordinances regulating firearms preempted, F.S. §§ 166.044, 790.33; open carrying of firearms prohibited, F.S. § 790.053.
Village of BAL HARBOUR,
Sec. 12-7. – Discharge of weapons.
It shall be unlawful for any unauthorized Person to discharge, fire or shoot within the Village any weapon, including air rifles, air pistols, slingshots or weapons of the kind usually called BB guns, from which weapon any bullet, shot or pellet of lead or other material is discharged or expelled. It shall be unlawful for any Person to discharge, fire or shoot in the waters within the Village any weapon commonly known as a CO2 gun or any weapon from which any bullet, shot or pellet of lead or other material, or lance, spear or arrow is launched, propelled, discharged, fired or shot by means of compressed air, springs or bands, whether such weapon is discharged, fired or shot from over or under the surface of such waters. It shall be unlawful for any Person having custody or control of any minor to knowingly permit or allow such minor to discharge, fire or shoot any weapon of the kinds referred to in this section within the Village. This section shall not apply to firearms as regulated by F.S. ch. 790.
(Code 1974, § 12-16; Ord. No. 557, § 6, 9-20-2011)
Cross reference— Code enforcement, § 2-181 et seq.
ARTICLE II. – USE OF PUBLIC BEACHES
Sec. 10-31. – Prohibited acts.
It shall be unlawful for any Person to:
(6)
Carry, possess or use air rifles, spring guns, slingshots, bows or arrows or any other form of weapon potentially inimical to wildlife or dangerous to human safety on the Public Beach. This section shall not apply to firearms as regulated by F.S. ch. 790.
Baldwin,
Sec. 15-7. – Discharging firearms; use of dangerous weapons.
It shall be unlawful for any person, except a law enforcement officer acting in the line of duty, to discharge any gun, pistol or other firearm, except in a licensed shooting gallery, or to use any slingshot, air rifle or air pistol in a dangerous manner.
BARTOW, (No air gun ordinances recorded)
BAY COUNTY, (No air gun ordinances recorded)
BAY HARBOR ISLANDS,
Chapter 15 – PARKS AND RECREATION
Rule 13. Hunting and firearms.
(b) No person shall carry, use or possess firearms of any description, air rifles or pistols, spring guns, bows and arrows or any other form of weapon potentially inimical to wildlife or dangerous to human safety on or in any park area or property.
(c) No hunting, trapping or the pursuit of wildlife by any means or method whatsoever will be permitted on or in any park area, unless otherwise authorized by the town.
BELLE GLADE, (No air gun ordinances recorded)
BELLE ISLE, (No air gun ordinances recorded)
BELLEAIR,
Sec. 34-4. Use of dangerous devices.
It shall be unlawful for any person within the city to discharge or use an air rifle, air pistol, slingshot, blowgun, or similar device. The provisions of this section shall not be applicable to any firearm or weapon as defined in F.S. § 790.33 and prohibited by Chapter 2011-109, Laws of Florida.
(Code 1981, § 15-4; Ord. No. 88-23, § 1, 8-1-1988; Ord. No. 11-04, § 2, 8-1-2011)
BELLEAIR BLUFFS, (No air gun ordinances recorded)
BELLEAIR SHORES,
Sec. 18-71. – Prohibited activity.
(a) It shall be unlawful for any person to make, continue or cause to be made or continued, any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the corporate limits of the town. The discharge of firearms, air guns and audible fireworks is expressly prohibited.
BELLEVIEW, (No air gun ordinances recorded)
BISCAYNE PARK, (No air gun ordinances recorded)
BLOUNTSTOWN, (No air gun ordinances recorded)
BOCA RATON,
Sec. 11-85. – Hunting, firearms, toy guns.
(1) No person shall carry, use or possess firearms of any description, air rifles or pistols, spear guns, spring guns, bows and arrows, or any other form of weapon whether real or merely replicas or toys which are potentially inimical to wildlife and dangerous to human safety on or in a park area or property.
(2) No hunting, trapping or pursuit of wildlife by any means or methods whatsoever will be permitted on or in any park area.
(Code 1966, § 15A-48)
Cross reference— Miscellaneous offenses, ch.
ARTICLE V. – PROTECTION OF THE PUBLIC
Sec. 13-100. – Definitions.
The following words, terms and phrases, when used in this/her article, shall have the following meanings:
(6) “Weapon” shall mean any air rifle, air pistol, paintball gun, paintball rifle, explosive, blasting cap, knife, hatchet, ax, slingshot, blackjack, metal knuckles, mace, iron buckle, ax handle, crowbar, or any other instrument customarily used or intended for use as a dangerous weapon.
(Ord. No. 4748, § 2, 10-28-03; Ord. No. 4879, § 1, 6-28-05)
BONITA SPRINGS, (No air gun ordinances recorded)
BRADENTON, (No air gun ordinances recorded)
BRADENTON BEACH,
Sec. 46-47. Hunting and firearms.
No person in a park shall hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other form of weapon potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with any fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
(Ord. No. 08-404, § 2, 8-21-2008)
BRADFORD County, (no air gun ordinances by County, see individual town codes)
BREVARD County,
DIVISION 1. – GENERALLY
Firearm shall mean any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun, air gun, sling or slingshot.
Weapon shall mean any dirk, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, any deadly weapon other than a common pocketknife, or any item, object or instrument wielded with an intent to do or threaten bodily injury of physical harm.
BRONSON,
Sec. 13-22. – Air guns.
(b) For the purpose of this section, the term “air gun” means any gun, including a hand gun, by whatever name known, or the barrel, receiver, or any part of the firing mechanism of such weapon which is designed to eject or propel a projectile by the action of compressed air, or a spring. It is the express intent of this section to include, but not be limited to, both pump air rifles and air pistols and air rifles and air pistols which use air cartridges; also those weapons known as BB guns.
(c) It shall be unlawful for any person to fire any air gun within town limits.
(Code 1977, §§ 13-26, 13-27; Ord. of 12-5-1977, §§ 1, 2)
BROOKSVILLE, (No air gun ordinances documented).
BROWARD COUNTY, (No air gun ordinances documented).
BUNNELL, (No air gun ordinances documented).
CALLAWAY,
Sec. 10-4. – Discharge of firearms in city prohibited; exceptions.
It shall be unlawful for any person to fire or discharge any cannon, gun, fowling piece, pistol or firearm of any description within the limits of the city, except in lawful defense of his person or property, or in the lawful defense of the property and person of others. No person shall discharge any air gun of any description whatsoever, within the limits of the city, except within a building or walled enclosure, when the discharging thereof will not endanger the person or property of others.
CAPE CANAVERAL, (No air gun ordinances documented).
CASSELBERRY,
ARTICLE IV. – OFFENSES AGAINST PUBLIC SAFETY
Sec. 58-76. – Discharge of weapons.
(a) Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Subsection, except where the context clearly indicates a different meaning:
(1) Firearm means any weapon, including a starter gun, which will, is designed to or may readily be converted to expel a projectile by the action of an explosive.
(3) Bow means any weapon which, through mechanical action or kinetic energy, propels an arrow, bolt, dart or other projectile.
(4) Crossbow means any weapon consisting of a bow set transversely on a stock which, through mechanical action or kinetic energy, propels an arrow, bolt, dart or other projectile.
(5) BB gun, air gun and gas-operated gun mean any weapon which, through the release of compressed air or gases, propels a BB, dart, pellet or other projectile.
(6) Destructive device means any explosive, incendiary, poisonous gas, bomb, grenade, mine, rocket, missile or similar device or apparatus which is designed to or may readily be converted to explode and through the effect of blast, flash, heat, fragments or projectiles cause damage or injury to person or property.
(7) Weapon includes any of those devices defined in F.S. ch. 790 as weapons or firearms.
(b) Prohibited acts. Any person who knowingly discharges a weapon, firearm, bow, crossbow, BB gun, air gun, gas-operated gun or destructive device within the City limits, except as set forth in Subsection (c) of this Section, shall be guilty of a misdemeanor of the first degree punishable as provided in F.S. § 775.082 or 775.083.
(d) Exceptions.
(1) This Section does not apply to any person lawfully defending life or property or to any law enforcement officer when acting in the course and scope of his official duty.
(5) This Section does not apply to the discharge of weapons at a duly licensed and approved firing range or other appropriate training facility.
(Code 1982, § 131.10)
CENTURY, (No air gun ordinances documented).
CHARLOTTE COUNTY, (No air gun ordinances documented).
CHATTAHOOCHEE, (No air gun ordinances documented).
CHIEFLAND, (No air gun ordinances documented).
CHIPLEY, (No air gun ordinances documented).
CINCO BAYOU, (No air gun ordinances documented).
CITRUS County, (No air gun ordinances documented). CLAY County, (No air gun ordinances documented).
CLEARWATER,
Sec. 21.06. – Discharging weapons.
(1) It shall be unlawful for any person to fire any weapon from which a projectile is propelled by the action of compressed air, the expansion of gas or a spring or other mechanical means, within the corporate limits of the city, except in lawful defense of life or property, or except a law enforcement officer engaged in the discharge of his or her duties or in a duly licensed indoor or outdoor gun club, pistol range or rifle range. This section shall not be construed to prohibit spear fishing in any area where such activity has been designated as being permissible either by the city, the state or the United States.
(2) This section is not intended to regulate the discharge of firearms, which is regulated by F.S. § 790.15.
(Code 1980, § 150.08; Ord. No. 8275-11, § 3, 9-1-11)
Cross reference— Hunting and firearms in parks, § 22.39.
State law reference— Discharging firearms in public, F.S. § 790.15.
CLERMONT, (No air gun ordinances documented).
CLEWISTON, (No air gun ordinances documented).
COCOA, (No air gun ordinances documented).
COCOA BEACH, (No air gun ordinances documented).
Sec. 15-7.1. – Weapons expelling projectiles via non-explosive means
The release of a projectile from any weapon which uses a non-explosive means of expulsion is prohibited within the city limits, except where such release is aimed at a safely constructed target capable of containing said projectile, so that an errant shot or ricochet is prevented from striking a person or impacting property outside the confines of the immediate target range area. Such non-explosive projectile weapons include arrows, slingshots, blowguns, and the like.
(Ord. No. 466, § 1, 12-5-1974; Ord. No. 1536, § 2, 10-6-2011)
Ord. No. 1536, § 2, adopted Oct. 6, 2011, changed the title of § 15-7.1 from discharging, BB guns, pellet rifles, etc., inside city limits to weapons expelling projectiles via non-explosive means.
State law reference— Discharge of firearms in public, F.S. § 790.15.
COCONUT CREEK,
Sec. 14-2. – Discharge of firearms.
(a) It shall be unlawful to discharge any kind of firearms within the corporate limits of the city, however, this section shall not apply to public safety officers.
(c) It shall be unlawful to discharge any air rifle, BB gun, pellet gun, gas propelled gun, electric discharge or stun gun, steel tipped arrows, in any residential or business zoned area within the city or within two hundred (200) yards of any residential or business zoned area located within the city.
(Ord. No. 136-87, § 1, 4-9-87)
Cross reference— Firearms and dangerous instruments in parks, § 15-24(c).
State law reference— Discharging firearms in public, F.S. § 790.15.
COLLIER County, (No air gun ordinances documented).
COLUMBIA COUNTY, (No air gun ordinances documented).
CORAL GABLES,
Sec. 38-4. – Discharge of paintball gun, marker, BB gun, or air-operated or gas-operated gun.
(b) It shall be considered a nuisance, constituting a serious threat to the public health, safety and welfare under F.S. ch. 162, for a person to discharge a paintball gun, marker, BB gun or air-operated or gas-operated gun from, in, at, into or upon any public or private property; provided, that the discharge of such a weapon shall be permitted in or upon private property with the consent of the owner or manager and any and all occupants of the property.
(c) Any law enforcement officer is authorized to seize from any person under the age of 18 years any paintball gun, marker, BB gun, or air-operated or gas-operated gun that the officer has reasonable grounds to believe has been, is being or will be used in violation of subsection (a) of this section. The until claimed by a parent or guardian of the owner of the gun. If the gun remains unclaimed for a period of 14 days, it may be considered abandoned property and disposed of accordingly. Any violation of this section shall be subject to a fine as established by the city commission.
(Ord. No. O-2005-01, § 2(15-6), 1-11-2005)
CORAL SPRINGS, (No air gun ordinances documented).
CRESTVIEW, (No air gun ordinances documented).
CRYSTAL RIVER, (No air gun ordinances documented).
CUTLER BAY, (No air gun ordinances documented).
Sec. 21-7.1. – Use of B-B guns and rifles by child under 16, limitation; trial in court of appropriate jurisdiction; penalty for violation.
(b) The use for any purpose whatsoever of B-B guns, air rifles, and 22-caliber rifles by any child under the age of sixteen (16) years is prohibited unless such use is under the supervision and in the presence of an adult.
(c) Any adult responsible for the welfare of any child under the age of sixteen (16) years who knowingly permits such child to use or have in his possession any B-B gun, air rifle, or 22-caliber rifle in violation of the provisions of subsection (a) of this section, shall be punished as provided for in subsection (d).
(d) All violations of this section shall be tried in the court of appropriate jurisdiction in and for Miami-Dade County, Florida.
(e) All violations of this section shall be punishable by a fine not to exceed three hundred dollars ($300.00) or imprisonment in the County Jail not to exceed thirty (30) days or both, in the discretion of the metropolitan judge.
(Ord. No. 66-32, §§ 1—3, 7-26-66)
Rule 18. Hunting and firearms
(a) No person shall carry, use or possess firearms of any description, air rifles or pistols, spring guns, bows and arrows, paint guns or any other form of weapon potentially inimical or harmful to wildlife or dangerous to human safety on or in any park area or property except at and in accordance with the rules and regulations of the Trial Glades Ranges, and the Camp Owaissa Bauer archery range. Exception is made for sworn security personnel and Metrozoo Employees for the purpose of animal control and human safety.
(Ord. No. 59-14, Rules, Art. 4, § 5, 6-16-59
DADE CITY, (No air gun ordinances documented).
DANIA BEACH, (No air gun ordinances documented).
DAVENPORT, (No air gun ordinances documented).
DAVIE,
Weapon shall mean, notwithstanding any other provisions of this Code, air rifle, air pistol, paintball gun, paintball rifle, explosive blasting cap(s), knife, hatchet, ax, slingshot, blackjack, metal knuckles, mace, iron buckle, ax handle, chains, crowbar, hammer, shovel, or any club or bludgeon or any other instrumentality used or intended for use as a dangerous weapon to cause harm to a person or any public or private property.
DAYTONA BEACH, (No air gun ordinances documented).
DAYTONA BEACH SHORES, (No air gun ordinances documented).
DeBARY, (No air gun ordinances documented).
DEERFIELD BEACH, (No air gun ordinances documented).
DELAND, (No air gun ordinances documented).
DELRAY BEACH, (No air gun ordinances documented).
DELTONA, (No air gun ordinances documented).
County of
DE SOTO, (No air gun ordinances documented).
DESTIN, (No air gun ordinances documented).
Doral,
Sec. 29-31. – Hunting and firearms.
(a) Except as provided for in F.S. § 790.33, no person shall carry, use or possess, air rifles or pistols, spring guns, bows and arrows or any other form of weapon potentially inimical to wildlife or dangerous to human safety on or in any park area or property.
(b) No hunting, trapping or the pursuit of wildlife by any means or method whatsoever will be permitted on or in any park area.
(c) Nothing in this section shall be interpreted to conflict with the provisions of F.S. § 790.33.
(Ord. No. 2004-20, § 2(Rule 13), 11-10-2004; Ord. No. 2011-20, § 2, 9-14-2011)
DUNDEE, BEARDSTOWN, ILLINOIS
DUNEDIN, (No air gun ordinances documented).
DUNNELLON, (No air gun ordinances documented).
Sec. 42-2. – Discharge of firearms.
It shall be unlawful for any person to fire any rifle, gun or pistol, including those in which the projectile is propelled by the action of compressed air, the expansion of gas or a spring or other mechanical means, within the city, except a law enforcement officer engaged in the discharge of his duties or a person lawfully defending life or property or in a duly licensed indoor or outdoor gun club, pistol range or rifle range.
(Code 1985, § 15-3)
EAGLE LAKE, (No air gun ordinances documented).
EDGEWATER, (No air gun ordinances documented).
EDGEWOOD, (No air gun ordinances documented).
EL PORTAL,
Sec. 14-1. – State law misdemeanors adopted.
It shall be unlawful for any person to commit, within the village, any act which is or shall be recognized by the laws of the state as a misdemeanor, and the commission of such acts is hereby forbidden. (Code 1965, § 12-12)
Case law annotations—A municipality may enact an ordinance creating an offense against municipal law for the same act that constitutes an offense in state law. Jaramillo v. City of Homestead, 322 So.2d 496 (1975).
A municipality by ordinance may adopt state misdemeanor statutes by specific or general reference.
Adoption of state law misdemeanors by reference includes laws both in existence at the time and those later adopted by the state legislature. State v. Smith, 189 So.2d 846 (1966).
State law reference— Penalty for misdemeanors, F.S. §§ 775.082, 775.083. See also Florida Statutes general index under heading “Crimes” for listing of state law misdemeanors.
Sec. 14-2. – Discharge of firearms.
It shall be unlawful for any person to fire any rifle, gun or pistol, including those in which the projectile is propelled by the action of compressed air, the expansion of gas or a spring or other mechanical means, within the village, except a law enforcement officer engaged in the discharge of his duties or to a person lawfully defending life or property or in a duly licensed indoor or outdoor gun club, pistol range or rifle range.
County of
ESCAMBIA, (No air gun ordinances documented).
EUSTIS,
Sec. 62-3. – Discharging of firearms and air guns.
(a) Definitions. In this section:
Air gun means any gun, rifle, or pistol which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic.
Firearm means any weapon, whether pistol, rifle or shotgun or any similar mechanism by whatever name known, which is designed to expel a projectile through a gun barrel by action of any explosive.
Occupied structure means a building or conveyance of any kind including a dwelling, either temporary or permanent which has a roof over it and is designed to be occupied by people in any manner.
Shooting range means any indoor or outdoor, private or commercial facility designed for practice or target shooting. Any shooting range must be constructed to insure that the backstop, berm, bullet trap, escalator trap, or impact area is sufficient to prevent any discharge from any weapon from traveling outside, around, over or through the range area so as to constitute a hazard to adjoining property owners.
Prohibited activity.
(1) No person shall discharge a firearm or air gun within the incorporated area of the city, over, around, through or so near the occupied structures, livestock, pets, chattels or person of another, that might reasonably be expected to do harm, should such persons or objects be struck by any projectiles fired from such firearms or air guns. It is not a requirement of this article that any person or object be struck by a projectile in order for there to be a finding by law enforcement officials or the courts that this section has been violated.
FELLSMERE, Sec. 16-12. – Discharging certain weapons.
(b) Definitions. For the purposes of this section, the term “discharge” shall mean the firing of any rifle, gun, or pistol, including those in which a projectile is propelled by the action of compressed air, the expansion of gas, or a spring or other mechanical means, including BB guns, air rifles, and slingshots.
(c) Prohibited. It shall be unlawful for any person to discharge any weapon whatsoever, including BB guns, air- or gas-operated guns, electric weapons or devices, or firearms, or for any person to throw any hard-surfaced object which should be likely to produce bodily harm or property damage, within the corporate boundaries of the city.
(d) Exceptions. This section shall not be construed to apply to any law enforcement officer engaged in the discharge of his duties or a duly licensed indoor or outdoor gun club, pistol range, rifle range or archery club.
(e) Penalty for violation. Any person found guilty of violation of this section shall be punished as provided in section 1-11
(Ord. No. 88-10, §§ 1—4, 3-9-88)
State law reference— Local regulation of firearms, F.S. § 790.33.
FERNANDINA BEACH,
Sec. 58-3. – Air guns and air rifles.
It shall be unlawful for any person to use, discharge, or shoot off within this city any gun or rifle commonly known as an air gun or air rifle.
(Code 1955, § 15-17; Code 1991, § 130.35)
FLAGLER BEACH, (No air gun ordinances documented).
FLORIDA CITY, (No air gun ordinances documented).
FORT LAUDERDALE,
Sec. 16-52. – Discharging firearms.
It shall be unlawful for any person to discharge any kind of firearms, including air rifles and air pistols (commonly known as BB guns) within the corporate limits of the city except as permitted under F.S. § 790.25(3).
(Code 1953, § 28-17; Ord. No. C-72-52, § 2, 9-19-72)
Sec. 26-202.1. – Parade and public assembly prohibitions.
(3) The term “weapon” shall mean, notwithstanding any other provision of this code, air rifle, air pistol, paintball gun, paintball rifle, explosive, blasting cap(s), knife, hatchet, ax, slingshot, slung-shot, blackjack, metal knuckles, mace, iron buckle, ax handle, chains, crowbar, hammer, shovel, or any club or bludgeon or any other instrumentality used or intended for use as a dangerous weapon.
FORT MEADE,
Sec. 16-12. – Discharging certain weapons.
(a) Definitions. For the purposes of this section, the term “discharge” shall mean the firing of any rifle, gun, or pistol, including those in which a projectile is propelled by the action of compressed air, the expansion of gas, or a spring or other mechanical means, including BB guns, air rifles, and slingshots.
(b) Prohibited. It shall be unlawful for any person to discharge any weapon whatsoever, including BB guns, air- or gas-operated guns, electric weapons or devices, or firearms, or for any person to throw any hard-surfaced object which should be likely to produce bodily harm or property damage, within the corporate boundaries of the city.
(c) Exceptions. This section shall not be construed to apply to any law enforcement officer engaged in the discharge of his duties or a duly licensed indoor or outdoor gun club, pistol range, rifle range or archery club.
(d) Penalty for violation. Any person found guilty of violation of this section shall be punished as provided in section 1-11
(Ord. No. 88-10, §§ 1—4, 3-9-88)
State law reference— Local regulation of firearms, F.S. § 790.33.
FORT MYERS,
Sec. 50-32. – Discharge of weapons.
It shall be unlawful for any person to discharge a gun, pistol or air rifle or use a slingshot within the limits of the city.
(Code 1963, § 23-13; Code 1991, § 10-27)
State law reference— Discharging firearms in public, F.S. § 790.15.
Arms, fire, includes sales of pistols, shotguns and firearms of all kinds, and/or bowie knives, brass knuckles, slingshots, switchblades or any other hand-held weapon. Police reports are required. Where other merchandise is sold, a merchant’s local business tax receipt is required. This does not cover fireworks. Air rifles and BB guns of the type commonly used by children are not considered firearms and neither are specialized sporting items not normally considered deadly weapons [(a), (b), (e)]
FORT MYERS BEACH, (NO air gun ordinances documented)
FORT PIERCE, (NO air gun ordinances documented)
FRANKLIN, (NO air gun ordinances documented)
FROSTPROOF, (NO air gun ordinances documented)
FRUITLAND PARK, (NO air gun ordinances documented)
County of
GADSDEN,
Sec. 59-6 – Park property.
(f) The discharging within any park of a firearm, rifle, air gun, slingshot, bow and arrow, spear gun, or any other instrument that discharges projectiles is strictly prohibited. Hunting, trapping or the pursuit of wildlife is prohibited on all park property. Shooting into park areas beyond park boundaries is prohibited.
GAINESVILLE,
ARTICLE II. – SECONDHAND DEALERS
For the purposes of this article, the term:
Consignment shop means a shop engaging in the business of accepting for sale, on consignment, secondhand goods which, having once been used or transferred from the manufacturer to the dealer, are then received into the possession of a third party.
Department means the Gainesville Police Department.
Pledge means pawn or buy-sell agreement.
Secondhand goods means personal property previously owned or used, which is not regulated metals property regulated under F.S. ch. 538, pt. II, and which is purchased, consigned, or pawned as used property. weapons, including knives, swords, and air guns.
ARTICLE I. – COUNTY PARK REGULATIONS
9) Carrying or possessing firearms of any description including air rifles, spring guns, bows and arrows, gigs, slingshots, or any other forms of weapons potentially harmful to wildlife or dangerous to human safety, or shooting any such device within a park, or from without the park across park boundaries.
GILCHRIST COUNTY,
ARTICLE I. – COUNTY PARK REGULATIONS
(8) Carrying or possessing firearms of any description including air rifles, spring guns, bows and arrows, gigs, slingshots, or any other forms of weapons potentially harmful to wildlife or dangerous to human safety, or shooting any such device within a park, or from without the park across park boundaries. This provision shall apply only to weapons not regulated by the State of Florida.
County of
GLADES, (No air gun ordinances documented, State air gun laws may apply).
GLEN RIDGE, (No air gun ordinances documented, State air gun laws may apply).
GOLDEN BEACH, (No air gun ordinances documented, State air gun laws may apply).
GREEN COVE SPRINGS,
ARTICLE I. – IN GENERAL
Gun means any instrument capable of firing a projectile or bullet at a high velocity, or expel gases causing a report including but not limited to, any air gun, sling, slingshot or starter pistol.
GREENACRES, (No air gun ordinances documented, State air gun laws may apply).
GRETNA, (No air gun ordinances documented, State air gun laws may apply).
GROVELAND, (No air gun ordinances documented, State air gun laws may apply).
GULF BREEZE, (No air gun ordinances documented, State air gun laws may apply).
GULFPORT,
Sec. 14-57. – Air guns and slingshots.
It shall be unlawful to use or shoot any air gun or slingshot within the city.
(Code 1952, § 16.2; Ord. No. 77-15, 11-10-77)
State law reference— Use regulated, § 790.22, Fla. Stats.
HAINES CITY,
ARTICLE II. – CONDUCT IN PUBLIC PARKS
(3) Hunting and firearms. Hunt, trap or pursue wildlife at any time. No person shall use, carry, or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
HALLANDALE BEACH, (No air gun ordinances recorded).
County of
HARDEE, (No air gun ordinances recorded).
HAVERHILL,
Chapter 28 MISCELLANEOUS OFFENSES*
Sec. 28-2. Air rifles; discharge.
It shall be unlawful for any person to discharge an air rifle in the city limits.
(Code 1962, § 12-3)
(13) Firearms and other weapons; traps; shooting into park areas. No person in a park shall use, carry or possess firearms of any description, or air rifles, spring guns, bows and arrows, slings or any other form of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
HENDRY COUNTY,
County of HERNANDO, (NO air gun ordinances documented).
HIALEAH,
Sec. 58-2. – Air guns, etc.—Possession, use or sale to minors prohibited.
(b) It is unlawful for any person to sell, barter, lend or transfer a BB gun, air or gas-operated gun or electric weapon or device to any minor under the age of 18 years.
(c) It is unlawful for a minor under the age of 16 years to use for any purpose a BB gun, air or gas-operated gun or electric weapon or device, except as provided by state law.
(d) It is unlawful for any adult responsible for the welfare of any child under the age of 16 years who knowingly permits such child to use or have in the child’s possession any BB gun, air or gas-operated gun or electric weapon or device in violation of this section.
(Ord. No. 2001-39, § 1, 5-22-2001)
Sec. 62-10. – Hunting and firearms.
No person shall carry, use or possess firearms of any description, air rifles or pistols, spring guns, or any other form of weapon potentially inimical to wildlife or dangerous to human safety on or in any park area or property.
(Code 1960, § 23-5; Ord. No. 2267, § 5, 7-8-1969)
Gun means any instrument capable of firing a projectile or bullet at a high velocity, including but not limited to, any air gun, sling or slingshot.
HIGH SPRINGS, (No air gun ordinances documented).
HIGHLAND BEACH, (No air gun ordinances documented).
County of HIGHLANDS,
Sec. 7-4. – County parks.
(e) Weapons. No person other than authorized law enforcement personnel shall use or possess in any county park air rifles, spring guns, bows and arrows, slingshots or any other forms of weapons potentially dangerous to human safety. Any such weapon shall be seized and confiscated by law enforcement officers or park personnel.
County of
HILLSBOROUGH, (No air gun ordinances documented).
HOLLY HILL, (No air gun ordinances documented).
HOLMES BEACH, (No air gun ordinances documented).
HOMESTEAD,
Sec. 17-2. – Discharge of air rifles.
No person in the city shall shoot or discharge any air rifle, pistol or gun of any description that shoots or projects B-Bs, pellets or shot by means of air, gas or hydraulic pressure or force. Nothing in this section shall apply to target ranges or shooting galleries which are operated under such circumstances as not to endanger persons, property or animals or send a projectile outside of the range or gallery.
(Code 1975, § 29-2)
HOWEY-IN-THE-HILLS, (No air gun ordinances documented).
HYPOLUXO, (No air gun ordinances documented).
INDIAN CREEK, (No air gun ordinances documented).
County of INDIAN RIVER, (No air gun ordinances documented).
INDIAN RIVER SHORES,
Sec. 95.01. – Purpose.
It is the general purpose and intention of this chapter to establish uniform procedures for the administration of parks and recreational facilities in the city, to establish a system of rules and regulations governing the activities within the parks and recreational facilities, to declare certain activities as violation of rules and regulations, to provide for criminal penalties for the violation of the rules, and to allow expulsion of individuals for violation of rules and regulations.
Gun. Any instrument capable of firing a projectile or bullet at a high velocity, including, but not limited to, any air gun, sling, or slingshot.
INDIAN ROCKS BEACH,
Sec. 34-3. – Discharge of firearms or other weapons.
It shall be unlawful for any person, with the exception of law enforcement officers, to discharge, fire or shoot within the city any firearm or other weapon, including air rifles, air pistols, slingshots or weapons of the kind usually called BB guns, from which weapon any bullet, shot or pellet of lead or other material is discharged or expelled. It shall further be unlawful for any person having the custody or control of any minor to knowingly permit or allow such minor to discharge, fire or shoot any weapon of the kind referred to in this section.
(Code 1980, § 13-6; Code 1989, § 12-3)
State law reference— Weapons and firearms, F.S. §§ 790.001—790.25.
Town of INGLIS, (No air gun ordinances documented).
INVERNESS, (No air gun ordinances documented).
ISLAMORADA, VILLAGE OF ISLANDS, (No air gun ordinances documented).
County of JACKSON, (No air gun ordinances documented).
JACKSONVILLE, (No air gun ordinances documented).
JACKSONVILLE BEACH, (No air gun ordinances documented).
JEFFERSON COUNTY, (No air gun ordinances documented).
JUNO BEACH,
Sec. 18-37. – Weapons and shooting.
No person in a park shall use, carry or possess air rifles, spring-guns, bow-and-arrows, slings or similar forms of weapons (excluding firearms) potentially inimical to wildlife and dangerous to human safety or any kind of trapping device. Shooting firearms into park areas from beyond park boundaries is forbidden.
(Code 1980, § 10-29; Ord. No. 111, § 5, 11-9-1970; Ord. No. 655, § 3, 9-26-2011)
State law reference— Weapons and firearms, F.S. ch. 790.
JUPITER, (No air gun ordinances documented).
JUPITER INLET COLONY,
Sec. 10-3. – Firearms, blackjacks, brass knuckles, slingshots and spear guns.
It shall be unlawful for any person to carry, use or discharge, or have in his possession, any pistol, revolver, one-hand firearm, blackjack, brass knuckles, rifle, shotgun or other firearm, air rifle, slingshot or spear gun, within the limits of the municipality.
KENNETH CITY,
Sec. 38-5. – Weapons prohibited.
No person other than law enforcement officers shall bring into any public facility, park or building a weapon that is potentially harmful to wildlife or the human safety. Weapon shall be as defined in state law, and shall also include BB guns, air or gas operated guns, and projectile weapons.
(Code 1976, § 12-12; Ord. No. 617, §§ 1, 2, 11-9-2011)
KEY BISCAYNE, (No air gun ordinances documented).
KEY WEST,
Sec. 42-15 – Possession of air guns by minors.
(a) Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(2) Air gun: Any gun, rifle or pistol by whatever name known which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but such term does not mean a firearm.
(3) Dealer: Any person engaged in the business of selling at retail or renting air guns or projectiles therefore, and the term “licensed dealer” means any such person licensed under the provisions of this article, or any person regularly licensed to sell firearms.
(3) Minor: Any person under the age of 18 years.
(b) Dealer’s license—Application, term, revocation/suspension.
(1) It shall be unlawful for any dealer, except a licensed dealer, to sell, lend, rent or otherwise transfer any air gun or projectile therefore. Dealers who are licensed to sell firearms shall not be required to obtain the special license to sell air guns, but shall comply with all other provisions of this article.
(2)
(A) Any dealer, other than a dealer licensed to sell firearms, desiring a license to sell, lend, rent or otherwise transfer air guns or projectiles therefore shall make application to the license division, which shall provide the necessary forms and shall prescribe by reasonable rules and regulations the information to be contained in such application.
(B) It shall be unlawful for any person to knowingly make any false statement in such an application.
(4) There shall be an annual fee to obtain a dealer license of $200.00. This fee shall be prorated only for the initial application year payable to the license division. The city shall issue to the applicant a license to sell, lend, rent or otherwise transfer air guns or projectiles therefore, which license shall remain in force, subject to annual payment of the license fee, unless revoked in accordance with the provisions of this article. No license shall be issued to any applicant within two years after the revocation of a previous license.
(4)
(A) Violation by a dealer of any provisions of this article shall be sufficient cause for the revocation of the license issued under this article or any city issued license to sell firearms, after written notice to the dealer by the licensing division. The city manager shall determine the severity of the violation and if said violation warrants a suspension or revocation of the business license to sell, lend rent or otherwise transfer air guns. The license holder shall be granted an opportunity to be heard personally or by legal counsel by the city manager at said hearing.
(B) Final conviction of a violation of any provision of this chapter, state or federal laws relating to air guns or firearms shall automatically revoke and terminate any license issued under this article or any city-issued license to sell firearms. Upon a finding and judgment by a trial court against any dealer that he has been guilty of such a violation of any provision of this article, state or federal laws relating to air guns or firearms, the license of such dealer shall be automatically suspended pending the final disposition of any appeal from such finding and judgment.
(d) Sale or delivery to minors—Generally. It shall be unlawful for any licensed dealer to sell, lend, rent or otherwise transfer an air gun or projectile therefore to any person whom the dealer knows or has reasonable cause to believe to be a minor, and it shall be unlawful for any other person to give, sell, rent, lend or otherwise transfer any air gun or projectile therefore to a minor, except where the relationship of parent and child, guardian and ward or adult instructor and pupil exists between such person and the minor.
(d Same—False representation as to age. It shall be unlawful for any person to falsely represent himself as being over 18 years of age in order to purchase or otherwise obtain an air gun or projectile therefore.
(f) Minors not to carry in public places; exception. It shall be unlawful for any minor to carry any air gun on the streets, alleys, public roads or public lands of this city, unless accompanied by an adult. In such a case, the air gun shall be made reasonably safe, inoperable and secured in a sealed carrying apparatus until ready for immediate use consistent with this chapter.
(g) Discharging in public places. It shall be unlawful for any person to discharge any air gun from or across any street, sidewalk, alley or public road of this city, or on or across any public land, except on a properly constructed target range.
(h) Seizure and sale of air gun used in violation of chapter 42 Any officer making an arrest for a violation of any of the sections in this chapter shall immediately take possession of the air gun found upon or in the possession of the person so arrested or cited and shall retain the same until disposition of the offense. If the person is found guilty by a state, federal or municipal court, the air gun shall be forfeited and the proper department shall sell, at public sale or otherwise, or dispose of the same and account for and pay over the proceeds as in case of fines collected. If such person is acquitted, the air gun shall be returned to the adult parent, guardian or instructor of the offender upon demand therefore.
(i) Penalties. A violation of any section of this chapter shall be punishable in accordance with chapter [section] 1-15 [of this Code of Ordinances] for each count.
(Ord. No. 08-11, § 1, 9-3-2008)
(57) State Law reference— Offense defined, F.S. § 775.08.
LABELLE,
Sec. 12-7. – Discharging of certain weapons prohibited.
No person shall discharge any air gun or slingshot, except on the premises of the owner and while being used either by him or by some person authorized by him.
(Code 1967, § 15-21)
State law reference— Use of BB guns by children under sixteen limited, F.S. § 790.22; carrying slingshot concealed, F.S. § 790.01; manufacture and sale of slingshots, F.S. § 790.09.
LADY LAKE,
Sec. 2-200.8. – Regulations governing use of all town facilities.
Amended by Ordinance No. 2012-01
(j) With the exception of weapons lawfully carried by sworn law enforcement officers, no person shall use, carry or possess firearms of any descriptions, including but not limited to air-rifles, spring guns, BB and pellet guns, paintball guns, bows and arrows, slings or any other form of weapon potentially harmful to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device.
LAKE ALFRED, (No air gun ordinances documented).
LAKE BUTLER, (No air gun ordinances documented).
LAKE CITY,
Sec. 66-12. – Use of slingshots, BB guns and bows and arrows.
It shall be unlawful for any person to use a slingshot, BB gun or bow and arrow in the public streets of the city.
(Code 1968, § 16-36)
LAKE CLARKE SHORES,
Sec. 30-3. – Discharge of weapons.
(b) Prohibited discharging. No person shall fire, discharge or operate any revolver or pistol of any description, shotgun, rifle or other firearm, or any air-gun, BB gun, gas-operated gun or spring-operated gun within the town.
(c) Exemptions. The prohibition set forth in this section shall not be construed to forbid the use or possession of such weapons by any federal, state, county or town law enforcement officer in the proper discharge of his duties.
(Code 1980, § 11-5)
County of LAKE, (No air gun ordinances documented).
LAKE HAMILTON, (No air gun ordinances documented).
LAKE PARK, (No air gun ordinances documented).
LAKE PLACID,
DIVISION 2. – LAKE JUNE PARK PUBLIC SWIMMING PLACE (Acts Prohibited).
(m) Weapons. No person other than authorized law enforcement personnel shall discharge, possess or use air rifles, spring guns, bows and arrows, slingshots or any other forms of weapons potentially dangerous to human safety into or within the Lake June Park or into or within the Lake June Park public swimming place or into or within the idle speed/no wake zone.
(Ord. No. 99-317, § 7, 7-27-99)
LAKE WALES,
(k) Possessing or discharging weapons, explosives, etc.
(1) No person shall carry or discharge firearms, firecrackers, rockets, torpedoes, or other types of explosives, nor shall any person carry or use any object calculated to make a noise sufficient to disturb the peace or quiet of the park or facility. No person shall carry or discharge any gun, pistol, slingshot or similar device, or any bows and arrows, or carry or use any other object capable of propelling a projectile in any park or facility, nor shall any person carry on his person, in plain view, any knife or dagger. Sec. 18-82. – Prohibited acts in city parks and facilities.
LAKE WORTH,
ARTICLE II. – AIR GUNS AND SLINGSHOTS
Sec. 15-44. – Definitions.
Sec. 15-45. – Furnishing to minors.
Sec. 15-46. – Carrying by minors; discharging over public property.
Sec. 15-47. – Seizure, forfeiture of offending weapons.
Sec. 15-48. – Misrepresenting age.
Secs. 15-49—15-59. – Reserved.
Sec. 15-44. – Definitions.
When used in this article the following words and phrases shall have the meanings ascribed to them as set out in this section:
Air gun. The term “air gun” means any gun (rifle or pistol) by whatever name known which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but does not mean a firearm.
Minor. The term “minor” means any person under the age of eighteen (18) years.
Slingshot. The term “slingshot” means any Y or U-shaped instrument, or other instrument, by which a stone or pellet is shot through the air by a spring, an elastic or other non-explosive force.
(Code 1956, § 24-51)
Sec. 15-45. – Furnishing to minors.
(b) It shall be unlawful for any dealer to sell, lend, rent or otherwise transfer an air gun or projectiles therefor or slingshot to any person whom the dealer knows to be, or has reasonable cause to believe to be, a minor.
(c) It shall be unlawful for any person to give, sell, rent, lend, or otherwise transfer any air gun or projectiles therefor, or slingshot, to a minor except where the relationship of parent and child, guardian and ward, or adult instructor and pupil, exists between such persons and the minor.
(Code 1956, § 24-52)
State law reference— Selling slingshots to minors, F.S. § 790.18.
Sec. 15-46. – Carrying by minors; discharging over public property.
(d) It shall be unlawful for any minor to carry any air gun or slingshot on the streets, alleys, public roads or public lands of this city unless accompanied by an adult.
(e) It shall be unlawful for any person to discharge any air gun or slingshot from or across any street, sidewalk, alley or public road of this city or on or across any public land except on a properly constructed target range.
(Code 1956, § 24-53)
State law reference— Use of BB gun by child under sixteen, F.S. § 790.22.
Sec. 15-47. – Seizure, forfeiture of offending weapons.
The officer making any arrest under this article shall take possession of any such air guns or slingshots contemplated by this article found upon or in the possession of the person so arrested, and shall retain the same until disposition of the offense; and if he is found guilty, the air gun or slingshot shall be forfeited, and the proper department shall sell at public sale, or otherwise dispose of same according to law, but if such person is acquitted, the air gun or slingshot shall be returned.
(Code 1956, § 24-54)
Sec. 15-48. – Misrepresenting age.
It shall be unlawful for any person to falsely represent himself as being over eighteen (18) years of age for the purpose of evading this article.
(Code 1956, § 24-55)
LAKELAND, (No air gun ordinances documented).
LANTANA, (No air gun ordinances documented).
LAUDERDALE LAKES, (No air gun ordinances documented).
LAUDERDALE-BY-THE-SEA,
Sec. 14-14. – Discharge of firearms, etc.
It shall be unlawful for any person to willfully discharge any air gun, BB gun, or any toy gun projecting lead or any missiles in the Town, or to cast, throw or propel any missile on any street, alley, or other public place within the Town.
(Code 1962, § 16-2(n), (r); Ord. No. 2011-15, § 3, 8-23-2011)
LAUDERHILL,
(Air gun ordinances not documented).
LEE COUNTY,
DIVISION 3. – VISITOR SAFETY
Sec. 25½-11. – Weapons.
(b) Consistent with F.S. § 790.01(14), the term “weapon” as used in this section specifically excludes firearms and ammunition.
(c) The use or possession of certain weapons on county park property may be permitted for specific activities requiring the use of particular weapons or other specialized equipment to engage in the permitted activity or special event affirmatively authorized by law enforcement officials or the parks and recreation director.
(d) The use or possession of BB guns, air rifles, air guns and paint guns are prohibited on county park property.
(e) Enforcement of the provisions set forth in this section is the responsibility of the Lee County Sheriff’s Office or the Lee County Park Rangers, as appropriate, and in accordance with the provisions of this section and/or Florida law.
(Ord. No. 06-26, § VI(6.1), 12-12-2006; Ord. No. 10-41, § 1, 10-26-2010; Ord. No. 11-09, § 2, 9-13-2011)
ARTICLE II. – LEE COUNTY AGRICULTURE AND RECREATION CENTER
3.05. No person shall carry or transport firearms, gas-, air-, or spring-actuated guns or dangerous weapons on the center. This section shall not apply to peace officers and other persons who are authorized by federal, state or municipal laws to be armed.
(Ord. No. 77-6, 8-3-77)
LEESBURG,
Chapter 15 – OFFENSES
Sec. 15-3. – Discharging firearms in city.
It shall be unlawful for any person to discharge any firearms within the corporate limits of the city except for the protection of person or property, unless authorized or permitted so to do by the chief of police. It shall be unlawful for any person to fire or discharge any air gun, which, for the purpose of this Code, is defined as any gun, rifle or pistol which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, within the corporate limits of the city; provided, that such an air gun, rifle or pistol may be fired or discharged on any private grounds or residence under circumstances such that persons and property will not be endangered and also in such a manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence and further provided that such air gun, pistols or rifle may be fired or discharged on a target range which has been approved by the chief of police of the city.
(Code 1953, § 18-8)
LEON COUNTY,
Sec. 13-56. – Hunting and firearms.
The discharging within any park of a firearm, air rifle, air gun, slingshot, bow and arrow, spear gun, or any other instrument that discharges projectiles is prohibited. Hunting, trapping or the pursuit of wildlife is prohibited on all park property. Shooting into park areas from beyond park boundaries is prohibited.
(Ord. No. 92-12, § 3(16-47(3)(d)), 3-10-92)
Cross reference— Hunting upon roads, § 12-1; shooting a cross roads, § 12-2.
LEESBURG,
Leesburg,
Chapter 15 – OFFENSES
Sec. 15-3. – Discharging firearms in city.
It shall be unlawful for any person to discharge any firearms within the corporate limits of the city except for the protection of person or property, unless authorized or permitted so to do by the chief of police. It shall be unlawful for any person to fire or discharge any air gun, which, for the purpose of this Code, is defined as any gun, rifle or pistol which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, within the corporate limits of the city; provided, that such an air gun, rifle or pistol may be fired or discharged on any private grounds or residence under circumstances such that persons and property will not be endangered and also in such a manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence and further provided that such air gun, pistols or rifle may be fired or discharged on a target range which has been approved by the chief of police of the city.
(Code 1953, § 18-8)
LEON COUNTY,
Sec. 13-56. – Hunting and firearms.
The discharging within any park of a firearm, air rifle, air gun, slingshot, bow and arrow, spear gun, or any other instrument that discharges projectiles is prohibited. Hunting, trapping or the pursuit of wildlife is prohibited on all park property. Shooting into park areas from beyond park boundaries is prohibited.
(Ord. No. 92-12, § 3(16-47(3)(d)), 3-10-92)
Cross reference— Hunting upon roads, § 12-1; shooting across roads, § 12-2.
LEVY COUNTY,
(No air gun ordinances documented)
LIGHTHOUSE POINT,
Sec. 54-3. – Firearms; discharging.
No person shall discharge any kind of firearm, including air rifles and air pistols (commonly known as BB guns) within the city.
(Code 1979, § 12-13)
State law reference— Discharging firearms in public, F.S. § 790.15.
LIVE OAK,
(No air gun ordinances documented)
LONGBOAT KEY,
(No air gun ordinances documented)
LYNN HAVEN,
Sec. 10-3. – Keeping of wild animals.
(d) No person shall ensnare, injure, kill or attempt to ensnare, injure or kill any squirrel by means of any trap, slingshot, stone, missile, gun, air gun or weapons of any kind within the city.
(Ord. No. 693, § 1, 6-27-00)
MACCLENNY,
(No air gun ordinances documented).
MADEIRA BEACH,
(No air gun ordinances documented).
MADISON,
(No air gun ordinances documented).
MAITLAND,
(Air gun ordinances under POLICE, Sec. 10/13 , Public areas/Parks restricted use).
MALABAR,
(No air gun ordinances documented).
County of MANATEE,
(No air gun ordinances documented, State law may apply County-wide).
MANGONIA PARK,
Sec. 15-7. – Use of air guns, rifles, etc. prohibited.
It shall be unlawful for any person to use for any purposes whatsoever a BB gun, air rifle or a .22 caliber rifle within the town.
(Code 1968, § 17-46)
MARATHON,
(No air gun ordinances documented).
MARCO ISLAND,
(No air gun ordinances documented).
MARGATE,
Sec. 17-1. – Adoption of state misdemeanors.
Any violation of the laws of the State of Florida designating the unlawful act as a misdemeanor is hereby declared to be a violation of the laws and ordinances of the city.
All misdemeanors as described and defined in the statutes of the State of Florida are hereby incorporated as violations of the ordinances of the city.
Ord. No. 2011-13, § 3, adopted Sept. 21, 2011, deleted § 17-16, which pertained to air rifles, archery, pellet guns; discharges in certain areas and derived from Ord. No. 77-19, § C, adopted Sept. 7, 1977.
MARIANNA,
(No air gun ordinances documented).
County of MARION,
(No air gun ordinances documented).
County of MARTIN,
Sec. 17.9. – Rules and regulations for Martin County Parks.
f. To carry, possess, use, discharge, or have readily available, a BB gun, air rifle or paint ball gun, except for a facility specifically designed for such use.
MARY ESTHER,
(No air gun ordinances documented).
MASCOTTE,
(No air gun ordinances documented).
MCINTOSH,
(No air gun ordinances documented).
MEDLEY,
(No air gun ordinances documented).
MELBOURNE,
(No air gun ordinances documented).
MIAMI,
Air gun: Any gun, rifle or pistol by whatever name known which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but such term does not mean a firearm.
ARTICLE II. – AIRGUNS
Dealer: Any person engaged in the business of selling at retail or renting air guns or projectiles therefor, and the term “licensed dealer” means any such person licensed under the provisions of this article, or any person regularly licensed to sell firearms.
Minor: Any person under the age of 18 years.
Sec. 61-27. – Dealer’s license—Required.
It shall be unlawful for any dealer, except a licensed dealer, to sell, lend, rent or otherwise transfer any air gun or projectile therefor. Dealers who are licensed to sell firearms shall not be required to obtain the special license to sell air guns, but shall comply with all other provisions of this article.
(Code 1967, § 61-15; Code 1980, § 61-25)
Sec. 61-28. – Same—Application.
(a) Any dealer, other than a dealer licensed to sell firearms, desiring a license to sell, lend, rent or otherwise transfer air guns or projectiles therefor shall make application to the license division, which shall provide the necessary forms and shall prescribe by reasonable rules and regulations the information to be contained in such application.
(c) It shall be unlawful for any person to knowingly make any false statement in such an application.
(Code 1967, § 61-16; Code 1980, § 61-26)
Sec. 61-29. – Same—Issuance; term.
Upon payment of the fee prescribed in chapter 31, the license division shall issue to the applicant a license to sell, lend, rent or otherwise transfer air guns or projectiles therefor, which license shall remain in force, subject to annual payment of the license fee, unless revoked in accordance with the provisions of this article. No license shall be issued to any applicant within two years after the revocation of a previous license.
(Code 1967, § 61-17; Code 1980, § 61-27)
Sec. 61-30. – Same—Revocation.
(a) Violation by a dealer of any provisions of this article shall be sufficient cause for the revocation of the license issued under this article or his license to sell firearms, after written notice to the dealer by the license division and an opportunity to be heard. The dealer shall have the privilege of being represented by counsel at such hearing.
(d) Final conviction of a violation of any provision of this article shall automatically revoke and terminate any license issued under this article or any license to sell firearms. Upon a finding and judgment by a trial court against any dealer that he has been guilty of such a violation of any provision of this article, the license of such dealer shall be automatically suspended pending the final disposition of any appeal from such finding and judgment.
(Code 1967, § 61-18; Code 1980, § 61-28)
Sec. 61-31. – Sale or delivery to minors—Generally.
It shall be unlawful for any licensed dealer to sell, lend, rent or otherwise transfer an air gun or projectile therefor to any person whom the dealer knows or has reasonable cause to believe to be a minor, and it shall be unlawful for any other person to give, sell, rent, lend or otherwise transfer any air gun or projectile therefor to a minor, except where the relationship of parent and child, guardian and ward or adult instructor and pupil exists between such person and the minor.
(Code 1967, § 61-19; Code 1980, § 61-29)
Sec. 61-32. – Same—False representation as to age.
It shall be unlawful for any person to falsely represent himself as being over 18 years of age in order to purchase or otherwise obtain an air gun or projectile therefor.
(Code 1967, § 61-20; Code 1980, § 61-30)
Sec. 61-33. – Minors not to carry in public places; exception.
It shall be unlawful for any minor to carry any air gun on the streets, alleys, public roads or public lands of this city, unless accompanied by an adult.
(Code 1967, § 61-21; Code 1980, § 61-31)
Sec. 61-34. – Discharging in public places.
It shall be unlawful for any person to discharge any air gun from or across any street, sidewalk, alley or public road of this city, or on or across any public land, except on a properly constructed target range.
(Code 1967, § 61-22; Code 1980, § 61-32)
Sec. 61-35. – Seizure and sale of air gun used in violation of section 61-33 or 61-34.
Any officer making an arrest for a violation of section 61-33 or 61-34 shall take possession of the air gun found upon or in the possession of the person so arrested and shall retain the same until disposition of the offense. If the person is found guilty, the air gun shall be forfeited and the proper department shall sell, at public sale or otherwise, or dispose of the same and account for and pay over the proceeds as in case of fines collected. If such person is acquitted, the air gun shall be returned to the parent, guardian or instructor of the offender upon demand therefor.
(Code 1967, § 61-23; Code 1980, § 61-33)
FOOTNOTE(S):
(160) County Code cross reference—Use of BB guns, etc., by child under 16, § 21-7.1. (Back)
(160) State Law reference— Use of BB guns, air- or gas-operated guns, etc., by child under 16, F.S. § 790.22.
MIAMI-DADE COUNTY,
Rule 18. Hunting and firearms
(a) No person shall carry, use or possess firearms of any description, air rifles or pistols, spring guns, bows and arrows, paint guns or any other form of weapon potentially inimical or harmful to wildlife or dangerous to human safety on or in any park area or property except at and in accordance with the rules and regulations of the Trial Glades Ranges, and the Camp Owaissa Bauer archery range. Exception is made for sworn security personnel and Metrozoo Employees for the purpose of animal control and human safety.
(Ord. No. 59-14, Rules, Art. 4, § 5, 6-16-59)
Note—Florida Statutes § 790.33, as amended, preempts and declares null and void all local ordinances, administrative regulations and rules in the field of firearms and ammunition, with limited exceptions set forth in § 790.33, as amended.
MIAMI BEACH,
Sec. 70-2. – Weapons; discharging.
It shall be unlawful for any unauthorized person to discharge, fire or shoot within the city any firearm or other weapons, including air rifles, air pistols, slingshots or weapons of the kind usually called “BB gun,” from which weapon any bullet, shot or pellet of lead or other material is discharged or expelled, or for any person to discharge, fire or shoot in the waters within the city.
(Code 1964, § 25-101)
State law reference— Weapons, F.S. ch. 790.
Sec. 106-375. – Prohibited activities.
(a) Any participant in a demonstration, rally, picket line or parade within the city who is observed carrying or possessing any of the objects specified in subsections (1) through (10) shall immediately dispose of or discard the object(s) upon the request of a law enforcement officer. The willful refusal to dispose of or discard of the object(s) shall constitute a violation, punishable in accordance with section 1-14 of this Code.
It shall be unlawful for any person participating in a demonstration, rally, picket line or parade, to exhibit, display, possess, carry or wear any of the following:
(1) Any weapon. For purposes of this section, “weapon” shall mean any pistol, rifle, shotgun or other firearm, whether loaded or unloaded, air rifle, air pistol, paintball gun, paintball rifle, explosive, blasting cap, knife, hatchet, ax, slingshot, blackjack, metal knuckles, mace, iron buckle, ax handle, crowbar, or any other instrument customarily use or intended for use as a dangerous weapon.
Firearm means any revolver, pistol, rifle, shotgun, machine gun, destructive device or other weapon that expels a projectile by the action of an explosive or air pressure or gas.
MIAMI GARDENS,
Sec. 18-161. – Hunting and firearms.
(a) No person shall carry, use or possess firearms of any description, air rifles or pistols, spring guns, bows and arrows, paint guns or any other form of weapon potentially inimical or harmful to wildlife or dangerous to human safety on or in any park area or property. Exception is made for sworn security personnel and employees for the purpose of animal control and human safety.
MIAMI LAKES,
Sec. 18-35. – Hunting and firearms.
(a) No person shall carry, use or possess firearms of any description, air rifles or pistols, spring guns, bows and arrows, sling or any other form of weapon potentially injurious or harmful to wildlife and human safety, or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device on or in any Park. Exception is made for certified Law Enforcement Officers for the purposes of human safety.
(b) No hunting, trapping or the pursuit of wildlife by any means or method whatsoever shall be permitted on or in any Park. Exception is made for authorized personnel for the purposes of human safety.
(Ord. No. 07-93, § 2(26-1.19), 7-10-2007)
MIAMI SHORES,
Sec. 15-5. – Discharge of firearms.
It shall be unlawful for any person to fire any rifle, gun or pistol, including those in which the projectile is propelled by the action of compressed air, the expansion of gas or a spring or other mechanical means, within the village, except a law enforcement officer engaged in the discharge of his duties or a person lawfully defending life or property.
(Code 1971, § 14-34(12)
State law reference— Discharging firearms in public, F.S. § 790.15.
MIAMI SPRINGS,
(No air gun ordinances documented).
MIDWAY,
(No air gun ordinances documented).
MILTON, (No air gun ordinances documented).
MINNEOLA,
Sec. 46-5. – Weapons; discharging.
It shall be unlawful for any person to discharge any gun, pistol, explosive device, slingshot or any weapon or device capable of causing injury, bodily harm or death to any person, or damage to any property, within the city. Such weapons shall not include BB guns or air rifles.
(Code 1980, § 14-30)
Sec. 46-6. – Weapons; possession by minors.
It shall be unlawful for any minor under the age of 18 years to be in possession of any BB gun, air rifle or any firearm or weapon described in section 46-5, unless such minor is accompanied by and supervised by his parent, guardian or another adult person authorized by the parent or guardian of such minor.
MIRAMAR,
Sec. 13-7. – Use of BB guns, air- or gas-operated guns or slingshots within the city limits.
(a) For the purposes of this section, the city hereby adopts all definitions contained in F.S.§ 790.001.
(c) It shall be unlawful for any person to discharge any BB gun, air- or gas-operated gun, slingshot or other weapon within the city.
(Code 1964, § 15-24; Ord. No. 11-11, § 2, 9-21-11)
MONROE COUNTY,
(No air gun ordinances documented).
MONTICELLO,
Sec. 58-5. – Discharge of firearm, air gun or slingshot.
It shall be unlawful for any person to discharge any gun, pistol or other firearm, or any air gun or slingshot, in the city.
(Code 1957, § 13-15; Code 1982, § 16-7)
State law reference— Discharging firearms in public places or over occupied premises, F.S. § 790.15.
MONTVERDE,
ARTICLE II. – PARK REGULATIONS
Sec. 14-20. – Regulations.
(9) Possess, display, or discharge any firearm, pellet gun, air rifle, BB gun, or slingshot.
MOORE HAVEN, (No air gun ordinances documented).
MOUNT DORA, (No air gun ordinances documented).
MULBERRY, (No air gun ordinances documented).
NAPLES,
Sec. 26-3. – Firearms discharge.
It shall be unlawful for any person, except such as may be authorized by law, to discharge any firearm, air rifle and air pistol (commonly known as a BB gun), within the limits of the city.
(Code 1957, § 15-3(a); Code 1994, § 42-3)
State law reference— Firearms and other weapons, F.S. ch. 790.
County of NASSAU, (No air gun ordinances documented).
NEPTUNE BEACH, (No air gun ordinances documented).
NEW PORT RICHEY, (No air gun ordinances documented).
NEW SMYRNA BEACH, (No air gun ordinances documented).
NEWBERRY, (No air gun ordinances documented).
NICEVILLE, (No air gun ordinances documented).
NORTH BAY VILLAGE, (No air gun ordinances documented).
NORTH BROWARD HOSPITAL DISTRICT, (No air gun ordinances documented).
NORTH LAUDERDALE,
Sec. 38-52. – BB-guns, air- or gas-operated and electric weapons.
(b) Definitions. The definition of the term “electric weapon or device” shall be as provided in F.S. ch. 790.
(c) Discharge prohibited. No individual of any age shall discharge, fire, shoot, or allow the discharging, firing or shooting of a BB-gun, air- or gas-operated gun, electric weapon or device within any area of the city unless the same is upon the private property of the individual discharging, firing or shooting same, or if such discharging, firing or shooting occurs at a firing range or other authorized shooting gallery for which a certificate of occupancy and an occupational license has been granted by the city.
(d) Penalty for violation. Any individual found guilty of violating this section, whether that individual is an adult or a minor, shall be guilty of a misdemeanor and shall be subject to punishment in accordance with section 1-7
(Code 1976, § 12-3.1)
State law reference— Use of BB, air or gas operated weapons by children, F.S. § 790.22.
NORTH MIAMI, (No air gun ordinances documented).
NORTH PALM BEACH,
ARTICLE VIII. – WEAPONS
Sec. 19-183. – Possession.
Except within his own domicile, no person shall have in his possession, or carry or use, any air gun, BB gun or spring gun or any instrument, toy or weapon commonly known as a “peashooter,” “slingshot” or whatsoever, whether such instrument is called by any name set forth above or by any other name.
(Code 1970, § 24-72; Ord. No. 20-88, § 1, 8-11-88; Ord. No. 2011-18, § 3, 9-22-11)
NORTH PORT, (No air gun ordinances documented).
NORTH REDINGTON BEACH, (No air gun ordinances documented).
OAK HILL,
Sec. 26-23. – Discharge of air rifles or air pistols prohibited.
It shall be unlawful for any person, except such as may be authorized by law, to discharge any air rifles and air pistols (commonly known as BB guns) within the limits of the city, except in the protection of life or property.
(Ord. No. 21A, § 28, 9-15-1965)
OAKLAND,
Sec. 50-52. – Air guns, slingshots, slingshots.
It shall be unlawful for any person to discharge any air gun, slingshot or slingshot within the corporate limits of the town.
OAKLAND PARK,
Sec. 8-18. – Discharging firearms or air guns.
(b) It shall be unlawful for any person, other than a police officer, to discharge any firearm, including air rifles and air pistols (commonly known as BB guns), within the corporate limits of the city, unless such person is covered by a permit as hereinafter provided.
(c) Any person, firm, corporation, civic or charitable club or association may apply to the chief of police for a permit to run a shooting gallery or hold shooting contests. Such application shall state the name of the person, firm, corporation or organization who shall sponsor the event, the location where the event shall be held and the dates that it shall be open, shall list the make, identification number, if any, and type of weapons which shall be permitted and the type of safeguards for protection of the public which shall be employed. The chief of police shall inspect the site, and if he determines that the safeguards provided, either by way of open field, bullet stops or whatever, are adequate to protect the public and that the noise created by the holding of the event will not be a public nuisance, then he shall issue the permit.
(Code 1960, § 13-16)
State law reference— Discharging firearms in public, § 790.15, Fla. Stats.
OCALA, (No air gun ordinances documented).
OCEAN RIDGE, (No air gun ordinances documented).
OCOEE, (No air gun ordinances documented).
County of OKALOOSA, (No air gun ordinances documented, refer to State Laws).
OKEECHOBEE, (No air gun ordinances documented, refer to State Laws).
County of OKEECHOBEE,
ARTICLE II. – COUNTY PARK AND RECREATION FACILITIES
(5) Weapons. No person shall fire or discharge any bow, crossbow, pellet gun, paint ball gun, bb-gun, or other similar weapon or device within or into any park or facility.
OLDSMAR,
Sec. 38-3. – Discharge of firearms and other weapons prohibited.
It shall be unlawful for any person to discharge or fire within the corporate limits of the city any shotgun, rifle, pistol or any other firearm; and it shall be unlawful for any person to discharge or fire any gun or pistol or any slingshot or sling-type device, including those in which the projectile is propelled by the action of compressed air, expansion of gas, spring or other mechanical means, within the limits of the city, except in a duly licensed shooting gallery, gun club or rifle range.
(Code 1980, § 13-3)
State law reference— Discharging firearm in public, ;hk;F.S.;\hk; § 790.15.
Sec. 42-111. – Possession or discharge of toy firearms, fireworks, and explosives.
(b) No person shall at any time bring into or have in his possession or discharge anywhere in any park or recreational area any toy firearm, toy air rifle, toy air gun, toy water gun, toy cannon, slingshot or toy bow and arrow; or any toy or instrument that discharges projectiles either by air, elastic, explosive substance or any other force.
(c) No person may bring into, or have in his possession, or set off or otherwise cause to explode, discharge or burn in any park or on any public lands or highways adjacent thereto, any firecrackers, torpedoes, rockets, toy firearms or cannon; or other fireworks or explosives of inflammable material; or any substance, compound, mixture or article that, in conjunction with any other substance or compound, may explode, discharge or burn.
(d) Parents or guardians will be held strictly responsible and accountable for the actions of minors in regard to the prohibitions in this section.
(Code 1980, § 13.5-18)
OPA-LOCKA,
Sec. 15-6. – Weapons; discharge.
It shall be unlawful for any unauthorized person to discharge, fire or shoot, within the city, any firearms, or other weapons, including air-rifles, air-pistols, slingshots, or weapons of the kind usually called BB guns, from which weapon any bullet, shot or pellet of lead or other material is discharged or expelled; and it shall be unlawful for any person having the custody or control of any minor to knowingly permit or allow such minor to discharge, fire or shoot any weapon of the kind herein referred to, within the city.
(Code 1955, § 16-74)
Cross reference— Discharging weapons in parks, § 16-55.
State law reference— Discharging weapons generally, F.S. § 790.15 et seq.; supervision of children using weapons, F.S. § 790.22.
County Code references—Discharging weapons over private property, § 21-18.1; supervision of children using weapons, § 21-7.1.
Gun means any instrument capable of firing a projectile or bullet at a high velocity, including, but not limited to, any air gun, sling or slingshot.
ORANGE CITY,
Sec. 10-4. – Weapons and firearms, use and control.
10-4.1. Definitions. For the purpose of this section, the following words and phrases, when used in this section, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires:
(2) Firearm means any device (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device.
(3) Weapon means any dirk, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife.
10-4.2. Discharge of firearms.
(b) It shall be unlawful to discharge any firearm or air gun, BB gun, or any toy gun, projecting lead or any missiles, excepting in a regularly established shooting gallery; provided that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his/her duty, or to prohibit any citizen from discharging a firearm when lawfully defending persons or property.
(c) It shall be unlawful to carry any concealed firearms or weapons in the city in violation of the laws of this state.
(d) Nothing herein shall prohibit the discharge of a BB gun, air gun or toy gun within a person’s own property at inanimate objects. Children under the age of 16 years must be supervised by an adult.
10-4.3. Killing and injuring animals. It shall be unlawful for any person to discharge any firearm, BB gun, air- or gas-operated guns, darts, arrows or slingshots upon dogs, cats, birds, squirrels or any other animal, for the purpose of killing, injuring or inflicting pain on such animals, within the city limits.
10-4.4. Permits for shooting events or competition. The city administration of the City of Orange City may issue a special permit for events such as “turkey shoot,” “lawful competition,” “shooting range” or any other similar event. The activity allowed shall be specifically described in such permit. The city administration shall grant such authorization only if the public health and safety will not be endangered thereby. The granting of such authorization on one occasion shall not be a precedent for the granting of such authorization at a different time even if the facts and circumstances are the same or similar.
(Ord. No. 89-3-2, § 1, 4-11-89)
Cross reference— Animals and fowl, ch. 4; park use regulations, § 10.5-16 et seq.
State law reference— Weapons, F.S. ch. 790.
ARTICLE II. – USE REGULATIONS
Sec. 10.5-19. – Rules and regulations.
It shall be unlawful for any person in the city parks to:
(7) Carry any concealed weapons, nor shall they have on or about their person dangerous or deadly weapons, including any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow, or other weapon in which the propelling force is gunpowder, a spring or air, in public parks or recreational facilities.
ORANGE PARK,
Sec. 14-3. – Use of BB guns or air rifles by minors.
(b) The use for any purpose whatsoever of BB guns or air rifles by any child eighteen (18) years of age or under, within the corporate limits of the town, is prohibited unless such use is under the supervision and in the presence of an adult person or the parents of the child.
(c) Any adult or parent responsible for the welfare of any child eighteen (18) years of age or under, who knowingly permits such child to use or have in his possession any BB gun or air rifle in violation of the provisions of subsection (a) shall upon conviction thereof be punished as provided in section 1-8
(Code 1967, § 19-13; Ord. No. 07-11, § 2, 9-20-11)
Editor’s note—
Section 2 of Ord. No. 07-11, adopted Sept. 20, 2011, changed the title of § 14-3 from “Use of BB guns, air rifles, firearms by minors” to “Use of BB guns or air rifles by minors.”
ORCHID, (No air gun ordinances documented).
ORLANDO, (No air gun ordinances documented).
Sec. 43.04. – Air Rifles; Discharging in Parks, Streets, etc.
It shall be unlawful for any person to discharge any air rifle in the public parks or the public streets or on public property within the City limits.
(Ord. of 2-8-1950)
ORMOND BEACH,
(No air gun ordinances documented).
County of OSCEOLA, (No air gun ordinances documented).
OVIEDO, (No air gun ordinances documented).
PALATKA,
Sec. 50-49. – Firearms and other weapons; traps; shooting into park areas.
No person in a park shall use, carry or possess firearms of any description, or air rifles, spring guns, bows and arrows, slings or any other form of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
PALM BEACH,
Editor’s note: Ord. No. 22-2011, § 3, adopted September 13, 2011, repealed the former section 70-9 in its entirety, which pertained to carrying or use of BB guns, pellet guns or air guns, and derived from Ord. No. 15-04, § 1, adopted July 13, 2004. REPEALED.
*(No limitations for air gun uses on private land, summarily).
PALM BEACH,
ARTICLE II. – PARK RULES
Sec. 21-26. – Hunting and firearms.
(b) Hunting, trapping or the pursuit of wildlife is prohibited at all times everywhere in the parks. No person shall use firearms of any description, or air rifles, spring guns, bows and arrows (except in designated shooting or archery ranges), slings or other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device in any park. Shooting into park areas from beyond park boundaries is prohibited.
(c) No person shall at any time bring, or have in their possession, or discharge anywhere, in any park area, any toy firearm, air rifle, air gun, water gun, toy cannon, slingshot, bow and arrow (except in designated shooting or archery ranges), or any toy or instrument that discharges projectiles either by air, elastic, explosive substance, or any other force. Parents or guardians shall be held strictly responsible and accountable for the actions of minors and shall be subject to prosecution in accordance with law.
(d) All persons using department shooting and archery range facilities shall abide by all regulations governing range activities. Copies of such regulations shall be provided with each permit granted to use such facilities.
(Ord. No. 89-34, § 11, 12-19-89)
PALM BEACH County,
Sec. 21-26. – Hunting and firearms.
(b) Hunting, trapping or the pursuit of wildlife is prohibited at all times everywhere in the parks. No person shall use firearms of any description, or air rifles, spring guns, bows and arrows (except in designated shooting or archery ranges), slings or other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device in any park. Shooting into park areas from beyond park boundaries is prohibited.
(c) No person shall at any time bring, or have in their possession, or discharge anywhere, in any park area, any toy firearm, air rifle, air gun, water gun, toy cannon, slingshot, bow and arrow (except in designated shooting or archery ranges), or any toy or instrument that discharges projectiles either by air, elastic, explosive substance, or any other force. Parents or guardians shall be held strictly responsible and accountable for the actions of minors and shall be subject to prosecution in accordance with law.
(d) All persons using department shooting and archery range facilities shall abide by all regulations governing range activities. Copies of such regulations shall be provided with each permit granted to use such facilities.
(Ord. No. 89-34, § 11, 12-19-89)
PALM BEACH GARDENS,
(No air gun ordinances documented).
PALM BEACH SHORES,
(No air gun ordinances documented).
PALM COAST,
(No air gun ordinances documented).
PALM SPRINGS,
Sec. 38-43. – Hunting and firearms.
(a) No person in a park shall hunt, trap or pursue wildlife at any time.
(b) No person shall use, carry or possess firearms of any description or air rifles, spring guns, bows and arrows, slings or other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is prohibited.
(Code 1994, § 42-33)
PALMETTO,
Sec. 20-3. – Discharge of air rifle, BB gun, or slingshot.
It shall be unlawful for any person to discharge an air rifle, BB gun or slingshot within the city.
(Code 1975, § 17-6)
PALMETTO BAY,
Sec. 20-63. – Hunting and firearms.
(a) No person shall carry, use or possess firearms of any description, air rifles or pistols, spring guns, bows and arrows or any other form of weapon potentially inimical to wildlife creatures or dangerous to human safety on or in any park property.
(c) No hunting, trapping or the pursuit of wildlife by any means or method whatsoever will be permitted on or in any park.
(Ord. No. 07-16, § 1(Rule 13), 6-11-2007)
PANAMA CITY,
(No air gun ordinances documented).
PANAMA CITY BEACH,
(No air gun ordinances documented).
PARKER,
(No air gun ordinances documented).
PARKLAND,
(No air gun ordinances documented).
County of PASCO,
(No air gun ordinances documented).
PEMBROKE PARK,
(No air gun ordinances documented).
PENSACOLA,
(No air gun ordinances documented).
VILLAGE OF PINECREST,
(No air gun ordinances documented).
County of PINELLAS,
Sec. 90-7. – Activities within county-owned or managed lands.
(l) Hunting and weapons. No person shall carry, use or possess weapons of any description, including, but not limited to, air rifles, spring guns, bows and arrows, paint guns, water cannons, slingshots, boomerangs, or any other form of weapon harmful or dangerous to wildlife or dangerous to human safety on or in any county-owned or managed land except at and in accordance with the rules and regulations as a participant in a program approved by the board of county commissioners, unless authorized by law. Firearms as defined in F.S. § 790.001 are exempt from this provision and regulation is pre-empted to state law.
(n) Toy and replica firearms, fireworks, long bows, cross bows, compound bows, and explosives. No person shall have in his or her possession nor shall any person discharge any toy or replica firearm, air-rifle, air-gun, toy cannon, fireworks, long bow, cross bow, compound bow, explosive, sling shot, or any toy or instrument that discharges projectiles either by air, elastic, explosive substance, or any other force within any county-owned or managed land. Parents or guardians will be held strictly responsible and accountable for the actions of minors with regard to the prohibitions in this and other subsections.
PINELLAS PARK,
Sec. 16-103. – BB guns, air or gas operated guns; unlawful to discharge.
It shall be unlawful for any person to fire or discharge any BB gun, air or gas operated gun, as defined by State Law, within the limits of the City, except in a duly licensed shooting gallery, gun club or rifle range.
(Ord. No. 1435, 9-13-1984)
Sec. 16-104. – Misdemeanors; State law adopted.
It shall be unlawful to commit within the limits of the City of Pinellas Park, Florida, any act which is or shall be recognized by the laws of the State of Florida as a misdemeanor; and the commission of such act or acts is hereby forbidden.
Sec. 2-1014. – Toy firearms, fireworks, and explosives.
(A) No person shall at any time bring into, or have in his possession, or discharge anywhere, in any park or recreational area, any toy firearm, air rifle, air gun, toy cannon, slingshot, bow and arrow, or any toy or instrument that discharges projectiles either by air, elastic, explosive substance or any other force.
PLANT CITY,
(No air gun ordinances documented).
PLANTATION,
ARTICLE III. – EXPLOSIVES.
Sec. 8-51. – Exceptions.
Nothing in this article shall be construed as applying to:
(2) The Armed Forces of the United States or any law enforcement officer or auxiliary law officer;
(3) Small arms, rifle, shotgun, BB pellets, air gun, dart and weaponry ammunition, commonly used in hunting, sport or target shooting, and the component parts for the manufacture of such weaponry ammunition by the user;
(4) Federally licensed firearms dealers.
(Code 1964, § 11-23).
POLK CITY,
(No air gun ordinances/restrictions documented).
County of POLK,
Subdivision C. – Activities Requiring Special Use Permit and Prohibited Activities
Sec. 10.6-50. – Prohibited activities.
(m) Possessing or using any device (including, but not limited, to air guns, spring guns, paintball guns, gas guns, blow guns, bows, crossbows, and spear guns) capable of mechanically, rather than explosively, propelling or expelling a projectile.
(o) Removing, injuring, killing, or harassing wildlife.
(p) Purchasing, selling, offering for sale, possessing or consuming any alcoholic beverage.
(q) Playing paintball or possessing a paintball gun.
Park Activities>
d. Hunting; prohibited devices. Hunting is prohibited on or within any park property or recreational area. Unless the division has otherwise specifically authorized its use within any park property or recreational area, the use or possession of any device capable of mechanically, rather than explosively, propelling or expelling a projectile is prohibited. The devices prohibited include, but are not limited to, air rifles, air pistols, spring guns, gas guns, blow guns, paint guns, spear guns, bows, and crossbows.
POMONA PARK,
(No air gun ordinances/restrictions documented).
Ponce Inlet,
Sec. 42-6. – Discharge of air rifles or air pistols.
It shall be unlawful for any person, except as authorized by law, to discharge any air rifles or air pistols (commonly known as BB guns), within the limits of the town.
Violators of this section shall be subject to criminal prosecution and subject to the penalties provided in section 1-11(a)(1).
(Code 1984, § 12-6; Ord. No. 2004-25, § 16, 11-17-2004; Ord. No. 2011-16, § 3, 7-21-2011)
PORT ORANGE,
ARTICLE III. – SPECIAL EVENTS
(4) Firearm means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun.
(13) Weapons shall not include firearms and shall mean any air rifle, air pistol, paintball gun, paintball rifle, explosive, blasting cap, knife, hatchet, ax, slingshot, blackjack, metal knuckles, mace, iron buckle, ax handle, crowbar, or any other instrument customarily used or intended for use as a dangerous weapon.
(Ord. No. 1998-61, § 1, 9-15-98; Ord. No. 2001-103, § 1, 1-15-02; Ord. No. 2005-52, § 1, 12-13-05; Ord. No. 2011-16, § 1, 9-20-11)
Sec. 58-52. – Permits required.
(b) No person shall conduct or allow the conduct of any special event on its property or any other property without obtaining a special event permit in accordance with this article.
(c) Each special event sponsor shall obtain the special event temporary merchant permit(s) for each special event temporary merchant who will be operating on their property during the special event.
(Ord. No. 1998-61, § 2, 9-15-98; Ord. No. 2001-103, § 2, 1-15-02; Ord. No. 2005-52, § 1, 12-13-05)
PORT RICHEY,
Sec. 20-60. Same–Hunting and firearms.
No person in the park shall hunt, trap, or pursue wildlife at any time. No person shall use, carry, or possess firearms of any description, or air rifles, spring guns, bows and arrows, slings, or any other form of weapon potentially harmful to wildlife and dangerous to human safety.
(Code 1977, § 9.5-33; Code 1996, § 46-48)
Sec. 20-93. Same–Hunting and firearms.
No person in the park shall hunt, trap, or pursue wildlife at any time. No person shall use, carry, or possess firearms of any description, or air rifles, spring guns, bows and arrows, slings, or any other form of weapon potentially harmful to wildlife and dangerous to human safety.
(Code 1977, § 9.5-62; Code 1996, § 46-81)
PORT ST. JOE,
Sec. 42-4. – Firearms; air guns.
It shall be unlawful for any person to discharge any gun, pistol or other firearm or any air gun in the city.
(Code 1969, § 7-4)
PORT ST. LUCIE,
Sec. 50-3. – Discharging firearms, air guns, etc.
It shall be unlawful for any person to discharge any firearm, including a pistol, rifle or shotgun or to use any slingshot, air gun or air rifle within the city, except peace officers in the line of duty.
(Code 1958, § 10-42)
County of PUTNAM,
(No air gun ordinances/restrictions documented).
QUINCY,
Sec. 50-3. – Discharging firearms, air guns, etc.
It shall be unlawful for any person to discharge any firearm, including a pistol, rifle or shotgun or to use any slingshot, air gun or air rifle within the city, except peace officers in the line of duty.
(Code 1958, § 10-42)
REDINGTON BEACH,
(No air gun ordinances/restrictions documented).
ROCKLEDGE,
(No air gun ordinances/restrictions documented).
Village of ROYAL PALM BEACH,
(No air gun ordinances/restrictions documented).
SAFETY HARBOR,
(No air gun ordinances/restrictions documented). *State law may apply.
San Antonio,
Sec. 38-3. Rules of conduct within city parks.
It shall be unlawful for any person in a city park to:
(8) Bring or have in his/her possession any burglar tools, rifle, shotgun, BB gun, air gun, spring gun or slingshot.
(9) Sec. 38-5. Penalty.
(10) Any person violating any of the provisions of this chapter shall upon conviction thereof be punished by a fine not exceeding $500.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense.
(11) (Ord. No. 97-10, § 1, 10-7-97)
SANFORD,
(No air gun ordinances/restrictions documented). *State law may apply.
SANIBEL,
(No air gun ordinances/restrictions documented). *State law may apply.
County of SANTA ROSA,
(No air gun ordinances/restrictions documented). *State law may apply.
SARASOTA,
(No air gun ordinances/restrictions documented). *State law may apply.
SEA RANCH LAKES,
(No air gun ordinances/restrictions documented). *State law may apply.
SEBASTIAN,
(No air gun ordinances/restrictions documented). *State law may apply.
SEBRING,
(No air gun ordinances/restrictions documented). *State law may apply.
SEMINOLE COUNTY,
(No air gun ordinances/restrictions documented). *State law may apply.
SEWALL’S POINT,
(No air gun ordinances/restrictions documented). *State law may apply.
SOUTH DAYTONA,
(No air gun ordinances/restrictions documented). *State law may apply.
SOUTH MIAMI,
(No air gun ordinances/restrictions documented). *State law may apply.
SOUTH PALM BEACH,
(No air gun ordinances/restrictions documented). *State law may apply.
SOUTHWEST RANCHES,
(No air gun ordinances/restrictions documented). *State law may apply.
ST. AUGUSTINE,
Sec. 18-77. – Reserved.
ARTICLE IV. – OFFENSES INVOLVING PUBLIC SAFETY
Editor’s note—
Ord. No. 11-11, § 1, adopted August 22, 2011, repealed § 18-77, which pertained to slingshots and air rifles and derived from §§ 17-59—17-62 of the 1964 Code.
ST. CLOUD,
Sec. 28-1. – State misdemeanors; penalty.
Every offense made a misdemeanor under the law of the state shall constitute an offense against the city when committed within its limits, or upon property owned by the city and used for municipal purposes and shall be punished by the penalty and/or term of imprisonment as provided for by the law of the state; provided no penalty imposed by the city shall exceed $500.00 and 60 days.
(Code 1967, § 16-1; Code 1994, § 46-1)
Case law reference—Ordinance forbidding acts recognized by state as a misdemeanor upheld by McFarland v. Roberts, 74 So.2d 88. A municipality may enact an ordinance creating an offense against municipal law for the same act that constitutes an offense in state law. Jaramillo v. City of Homestead, 322 So.2d 496 (1975). A municipality by ordinance may adopt state misdemeanor statutes by specific or general reference. Adoption of state law misdemeanors by reference includes laws both in existence at the time and those later adopted by the state legislature. State v. Smith, 189 So.2d 846.
State law reference— Penalty for misdemeanors, F.S. §§ 775.082, 775.083. See also Florida Statutes general index under heading “Crimes” for listing of state law misdemeanors.
Sec. 28-2. – Reserved.
Editor’s note—
Ord. No. 2011-64, § 1, adopted Sept. 22, 2011, repealed § 28-2 in its entirety, which pertained to firearms or air guns; discharge, and derived from the Code of 1967, § 16-6; the Code of 1994, § 46-3; Ord. No. 94-45, § 1, adopted Jan. 12, 1995.
ST. LEO,
(No air gun ordinances/restrictions documented). *State law may apply.
County of ST. LUCIE,
(No air gun ordinances/restrictions documented). *State law may apply.
ST. MARKS,
Sec. 46-2. – Air rifles, BB guns, etc.
It shall be unlawful for any person to use, fire, or cause to be fired, any BB gun, air rifle, pellet gun, air pistol or any similar type weapon within the corporate limits of the city
ST. PETE BEACH,
Sec. 54-4 – Discharge of spear guns.
It shall be unlawful for any person to use, discharge or cause to be discharged any spear or harpoon by or with a spring gun, mechanic gun, power gun or any mechanic device whatsoever within the corporate limits except for firearms which the City has the authority to regulate pursuant to F.S. § 790.33, including amendments thereto enacted by Laws of Florida Chapter 2011-109.
(Code 1960, § 16-15; P.G. Ord. No. 61, § 1; Code 1983, § 12-7; Ord. No. 11-29, § 2, 9-27-11)
Cross reference— Waterways, ch. 94.
State law reference— Spearfishing, F.S. § 370.172.
ST. PETERSBURG,
(No air gun ordinances/restrictions documented). *State law may apply.
STARKE,
(No air gun ordinances/restrictions documented). *State law may apply.
County of SUMTER,
(No air gun ordinances/restrictions documented). *State law may apply.
Sunny Isles Beach,
(No air gun ordinances/restrictions documented). *State law may apply.
SUNRISE,
(No air gun ordinances/restrictions documented). *State law may apply.
SURFSIDE,
(No air gun ordinances/restrictions documented). *State law may apply.
County of SUWANNEE,
(No air gun ordinances/restrictions documented). *State law may apply.
SWEETWATER,
(No air gun ordinances/restrictions documented). *State law may apply.
TALLAHASSEE,
It shall be unlawful for any person to do one or more of the following in a park or recreational facility owned or controlled by the city:
(5) Discharge a firearm, air rifle, air gun, sling shot, bow and arrow, spear gun, or instrument of any kind that discharges or is capable of discharging a projectile by explosive means unless such instrument or device is required for participation in an activity which is organized or sponsored by the department of parks and recreation.
TAMARAC,
(No air gun ordinances/restrictions documented). *State law may apply.
TAMPA,
Sec. 14-112. – Discharging air guns or BB guns.
(b) It is unlawful for any person to fire, discharge or cause to be fired or discharged within the city limits any air gun or BB gun without a written permit from the chief of police.
(c) For purposes of this section, air gun or BB gun means any device designed or intended to expel a BB, pellet or similar metallic projectile by means of compressed air or other compressed gas or the action of a spring, not including any nail gun or any firearm as defined in F.S. § 790.001.
(Ord. No. 89-238, § 2(24-90), 9-28-89; Ord. No. 2011-97, § 1, 8-25-2011)
State law reference— Discharging firearms in public, F.S. § 790.15; use of BB guns, F.S. § 790.22.
TARPON SPRINGS,
(No air gun ordinances/restrictions documented). *State law may apply.
TAVARES
(No air gun ordinances/restrictions documented). *State law may apply.
TAYLOR COUNTY,
(No air gun ordinances/restrictions documented). *State law may apply.
TEQUESTA,
(No air gun ordinances/restrictions documented). *State law may apply.
TITUSVILLE,
(No air gun ordinances/restrictions documented). *State law may apply.
TREASURE ISLAND,
(No air gun ordinances/restrictions documented). *State law may apply.
UMATILLA,
(No air gun ordinances/restrictions documented). *State law may apply.
VALPARAISO,
Sec. 54-5. – Discharge of firearms.
(a) Definitions. The following words when used in this section shall be defined as follows:
Air gun means BB guns, and air or gas operated guns.
Firearm means any weapon which will, or is designed to, or may be converted to, expel a projectile by the action of an explosive.
Weapon means any tear gas gun, chemical or electronic weapon or device, crossbow or other deadly weapon except a firearm or air gun.
(b) Discharge of firearm or weapon within corporate limits declared misdemeanor; exceptions. Any person who knowingly discharges a firearm or weapon within the corporate limits of the city is guilty of a misdemeanor of the first degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083. This section shall not apply to municipal or federal target practice areas, any area of the Eglin Air Force Base reservation upon which hunting is allowed, or to any person lawfully defending life or property or performing official duties, requiring the discharge of a firearm or weapon.
(d) Discharge of air gun in public place, over or on right-of-way of public street, over occupied premises declared misdemeanor. Any person who knowingly discharges an air gun in any public place or on the right-of-way of any public road, highway, or street, or who knowingly discharges any air gun over the right-of-way of any paved public road, highway or street or over any occupied premises is guilty of a misdemeanor of the third degree, punishable as provided in F.S. §§ 775.082—775.084.
(Code 1966, § 17-13)
State law reference— Discharging firearm in public, F.S. § 790.15.
Sec. 9. – Regulatory powers—Morals; peace keeping.
The city commission shall have power to pass all such ordinances and resolutions as may be necessary to suppress and prohibit gambling and gambling houses, bawdy houses and disorderly houses, exhibitions, shows, circuses, parades or amusements contrary to good morals, and obscene pictures and literature; to regulate, restrain and prevent the carrying on of business dangerous in the way of increasing or producing fires, to regulate or suppress the storage of gunpowder, dynamite, tar, pitch, rosin, saltpeter, guncotton, coal oil and all other combustibles, explosives and inflammable material; to regulate the use of lights, candles, lamps and steam pipes in all shops, stables and other places, and to regulate or suppress the sale of firecrackers and all other fireworks, toy pistols, air guns, slingshots and other dangerous weapons or materials; to provide for the arrest, imprisonment and punishment of all vagrants and all riotous and disorderly persons within the city by day or night; to provide for the punishment of all breakers of the peace, and for the dispersement or suppression of all disorderly assemblies on the Sabbath or secular days, in or upon the streets, parks or elsewhere, and for the sale of goods on the Sabbath day not permitted to be sold under the general laws of the State of Florida; to provide for the preservation of the health, convenience, comfort and safety of inhabitants of the city; to punish persons for stealing; and to accomplish the objects and to carry out the full intent and meaning of this Act.
VENICE,
(No air gun ordinances/restrictions documented). *State law may apply.
VERO BEACH,
(No air gun ordinances/restrictions documented). *State law may apply.
VIRGINIA GARDENS,
(No air gun ordinances/restrictions documented). *State law may apply.
County of VOLUSIA,
ARTICLE III. – RULES RELATING TO CONSERVATION LANDS
Sec. 82-51. – Mechanical projectiles.
The possession or use of air guns, gas guns, blow guns, bows, crossbows, spear guns, paintball guns, or other devices capable of mechanically propelling an arrow, spear, or other projectile is prohibited, except for authorized hunting purposes or as may be allowed by granting of a special use authorization.
(Ord. No. 2006-01, § 13, 1-5-06; Ord. No. 2011-08, § I, 3-17-11)
WAKULLA COUNTY,
Chapter 23 – PARKS AND RECREATION
Sec. 23.005. – Prohibited activities in parks and recreational facilities owned or controlled by the county; noncriminal violations; criminal violations; penalties.
(6) Discharge a firearm, air rifle, air gun, slingshot, bow and arrow, spear gun or instrument of any kind that discharges or is capable of discharging a projectile by explosive means unless such instrument or device is required for participation in an activity which is organized or sponsored by the recreation department.
County of WALTON,
(No air gun ordinances/restrictions documented). *State law may apply
County of WASHINGTON,
(No air gun ordinances/restrictions documented). *State law may apply
WAUCHULA,
Sec. 12-3. – Using or discharging weapons.
It shall be unlawful for any person to use or discharge within the City any firearm, slingshot, air rifle, B-B gun, or similar device.
(Code 1982, § 12-5)
WELLINGTON,
(No air gun ordinances/restrictions documented). *State law may apply
WEST MELBOURNE,
(No air gun ordinances/restrictions documented). *State law may apply
WEST MIAMI,
Sec. 11-51. – Firearms, weapons prohibited; shooting into park.
No person shall use, carry, or possess firearms of any description, or air-rifles, spring-guns, bow-and-arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device in a park. Shooting into park areas from beyond park boundaries is forbidden.
(Code 1965, § 15-5)
Cross reference— Carrying weapons generally, § 10-10.
WEST PALM BEACH,
Sec. 54-174. – Air rifles and BB guns.
It shall be unlawful for any person to shoot or discharge any air rifle or any BB gun within the city, except upon a range theretofore approved in writing by the police chief as being constructed and equipped in such manner as not to endanger the safety of others while such range is in use.
(Code 1979, § 20-144)
State law reference— Use of BB guns and rifles by minors under age of 16 years, F.S. § 790.22.
(c) Hunting and firearms. No person shall hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description, or air rifles, spring guns, bows and arrows, slings or any other form of weapons potentially hostile to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden. The following exceptions shall apply to this subsection:
(2) The parks and recreation director may make special exceptions for organized recreational programs involving archery, rifle, or pistol ranges, etc., in designated areas.
(3) This provision shall not apply to the use of starter pistols firing blanks in connection with sports events.
WEST PARK,
(No air gun ordinances/restrictions documented). *State law may apply
WILDWOOD,
Sec. 13-4. – Firearms; air guns.
(b) It shall be unlawful for any person, except law enforcement officers, to discharge any gun, pistol, or other firearms, or any air gun or slingshot, in the city.
(c) This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm.
(Code 1959, § 12-7; Ord. No. 308, § 1, 10-13-97)
WILLISTON,
Sec. 28-2. – Firearms; air guns; slingshots.
(a) It shall be unlawful for any person to discharge any gun, pistol or other firearms, or any air gun or slingshot, in the city.
(b) This section shall not apply to:
(2) The firearm range or a range or space specifically designated for the practicing and shooting of firearms.
(3) A law enforcement officer in the discharge of his duties.
(4) A person lawfully in defense of person or property.
(Ord. No. 321, § 1, 2-6-1990; Code 1958, § 12-7)
WILTON MANORS,
(No air gun ordinances/restrictions documented). *State law may apply
WINTER GARDEN,
(No air gun ordinances/restrictions documented). *State law may apply
WINTER HAVEN,
(No air gun ordinances/restrictions documented). *State law may apply
WINTER PARK,
(No air gun ordinances/restrictions documented). *State law may apply
WINTER SPRINGS,
(No air gun ordinances/restrictions documented). *State law may apply
GEORGIA-
Georgia law makes it unlawful for any person to use or possess in any park, historic site, or recreational area air rifles or other device which discharges projectiles by any means, unless the device is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources or his or her authorized representative.
Georgia State Air-gun Laws:
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21.
- Ga. Code Ann. § 12-3-10(o)(4).
Park rules. Generally. No use or possession on State Park grounds, any spring gun or air-powered gun or firearm(s).
ALBANY,
DIVISION 1. – GENERALLY
Sec. 38-144. – Discharging firearms; dangerous weapons.
(a) Firearms. It shall be unlawful for any person to fire a gun, pistol or any other firearm within the city or its police jurisdiction, except by military companies when on drill or parade or at a funeral in honor of the dead, or by police officers in the line of duty provided, however, that the firing of shotguns within the city limits while hunting upon lands with the permission of the owner thereof shall be lawful provided no such shooting shall take place within 1,000 feet of any dwelling or public road. Firearms may be discharged within designated small arms firing ranges. It shall be unlawful for any firearms to be discharged in the city or its police jurisdiction in violation of O.C.G.A. §§ 16-11-103 through 16-11-104.
(b) Other dangerous instruments. It shall be unlawful for any person to shoot an air gun, bow and arrow, slingshot or any other like instrument that is dangerous within the city or its police jurisdiction, except that such instrument may be discharged within approved and supervised areas of private property for such purposes.
(Code 1975, §§ 16-61, 16-62; Code 1985, § 17-72)
ALMA,
Sec. 16-6. Firearms, weapons, tools.
It shall be unlawful for any person to bring into or have in his possession in any park or recreation area:
(1) Any pistol or revolver or objects upon which loaded or blank cartridges may be used. Official starters, at authorized track and field events, are exempted from this restriction.
(2) Any burglar tools.
(3) Any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow, or other weapon in which the propelling force is gunpowder, a spring or air.
(Ord. No. 1992-3, 11-16-92)
ALPHARETTA,
Sec. 13-5. – Air guns.
(a) As used in this section:
(2) The term “air gun” means and includes the following: air guns, paint ball guns, air pistols, air rifles, BB guns and similar guns that propel, through the force of compressed air, compressed gas or mechanical spring action, or any combination thereof, any pellet, dart, hard-tipped arrow, bean, pea, BB, rock, gel cap, paint ball or other hard substance a distance of more than twenty-five (25) feet with sufficient force to break, crack or tag windows, or inflict injury upon persons or animals;
(3) The term “direction and control of such adult” means that the adult must be present on the same property or premises as the minor and that the adult must approve the circumstances under which the air gun is being used, but it does not mean that the adult must maintain continuous visual contact with the minor.
(b) Except as hereinafter provided, it is unlawful:
(4) For any person under eighteen (18) years of age to carry or shoot any air gun within the city when not in the presence of his parent or other adult acting in the role of a parent and under the direction and control of such adult;
(5) For any person to point or shoot an air gun at any person or property of another, or to aim or discharge an air gun in the direction of the person or residence of another while within range to cause or inflict injury to the person or damage the property of another;
(4) For any person to carry or shoot any air gun within a public place or on public property, including city parks;
(5) For any parent or person in loco parentis to allow, give or permit the possession of an air gun by any child under the age of eighteen (18) years, except under the provisions of subsection (b)(1).
(c) The provisions of subsections (b)(1), (b)(3) and (b)(4) shall not apply when:
(6) A person possesses or uses an air gun on a gun range or similar facility operated or conducted by an individual or entity duly authorized and licensed to conduct such activities;
(7) A person possesses or uses an air gun within a regulated or supervised course or range provided by the city parks and recreation department under applicable regulations or ordinances; or
(5) A person carries an air gun unloaded or otherwise properly dismantled, to and from a licensed or authorized range, course or facility, or an authorized service or repair facility.
(d) Notwithstanding any other provision of this section, it shall not be unlawful:
(8) To possess or use an air gun while in the act of lawfully defending person or property;
(9) For participants in an authorized and supervised paint ball competition conducted within a licensed range or facility (including any range or facility operated by the city parks and recreation department) to point or shoot a paint ball gun at other participants;
(6) To be in possession of an unloaded or otherwise properly dismantled air gun within one’s own house of residence.
(e) Any person convicted of a violation of the provisions of this section shall be punished by a fine of not more than one thousand dollars ($1,000.00).
(Ord. No. 489, § 1, 2-4-02
ALTO,
(No air gun ordinances/restrictions documented). *State law may apply
AMERICUS,
Sec. 62-83. – Bow and arrow; air and pressure rifles.
It shall be unlawful for any person to use, discharge or shoot any air rifle, or guns discharged by forcing of air, gas, pressure or any other manner, or bow and arrow in the city.
(Code 1962, § 15-50; Code 1986, § 15-34)
ASHBURN,
(No air gun ordinances/restrictions documented). *State law may apply
ATHENS-CLARKE COUNTY,
Sec. 3-5-13. – Air guns—Definitions.
As used in sections 3-5-13 through 3-5-15, the words and phrases set out below shall have the following meanings ascribed to them unless the context clearly requires a different meaning:
Air gun: Any BB or similar gun or any other gun or pistol designed to expel a pellet or bullet therefrom by means of compressed air.
Play with any air gun: To pretend to shoot another therewith or pretend to prepare to shoot another therewith.
Shoot any air gun: The discharge of the air gun irrespective of whether loaded with a bullet or pellet or not.
(Ord. of 4-7-92, § 8)
Sec. 3-5-14. – Same—Playing with.
It shall be unlawful for any person to play with any air gun within the urban service district.
(Ord. of 4-7-92, § 8)
Sec. 3-5-15. – Same—Shooting.
It shall be unlawful for any person to shoot any air gun within urban service district.
(Ord. of 4-7-92, § 8)
ATLANTA,
Sec. 106-303. – Air guns, slingshots, similar weapons.
It shall be unlawful for any person to shoot any air gun, air pistol, slingshot or like instrument or weapon within the limits of the city.
Sec. 142-88. – Prohibited conduct during assemblies.
(d) It shall be unlawful for any person at any assembly to carry or possess any weapon, as defined below. For purposes of this article, and notwithstanding any other provisions of this Code, “weapon” means any pistol, rifle, shotgun or other firearm of any kind, whether loaded or unloaded, air rifle, air pistol, paintball gun, paintball rifle, explosive, blasting cap(s), knife, hatchet, ax, slingshot, blackjack, metal knuckles, mace, iron buckle, ax handle, chains, crowbar, hammer, or any club, bludgeon or any other instrumentality used, or intended to be used, as a dangerous weapon.
AUBURN,
(Ord. 63A § 4-6, 1977)
9.20.020 – Air guns, slingshots or similar weapons.
It is unlawful for any person to shoot any air gun, air pistol, slingshot or like instrument or weapon within the limits of the city.
(Ord. 63A § 4-16, 1977)
AVONDALE ESTATES,
Sec. 12-11. – Discharge of weapons.
It shall be unlawful for any person without legal justification to fire a gun, rifle, pistol, revolver, cannon, air rifle, or firearm of any type or shoot a slingshot or bow and arrow upon any street or highway or within one hundred (100) yards thereof, or in any building or within one hundred (100) yards of any building in the city.
(Code 1973, §§ 2-801(26), (56), 2-7171)
State law reference— Discharge of guns, O.C.G.A. § 16-11-103 et seq.
BAINBRIDGE,
Sec. 54-5. – Same—Slingshots, air guns, similar devices.
It shall be unlawful for any person to use within the city any slingshots, arrows, air guns, spring guns or other guns, shooting balls, shot, bullets or other missiles.
(Code 1981, § 20-7; Code 1992, § 13-6)
County of BALDWIN,
(No air gun ordinances/restrictions documented). *State law may apply
BANKS COUNTY,
(No air gun ordinances/restrictions documented). *State law may apply
County of BARROW,
(No air gun ordinances/restrictions documented). *State law may apply
County of BARTOW,
ARTICLE VII. – USE REQUIREMENTS BY DISTRICTS; SPECIAL DISTRICTS
7.1.5 Non-residential uses and associated accessory uses.
(M) Outdoor paintball game courses and facilities, or similar facilities, with a minimum area of ten acres and no gaming to take place within 200 feet of any property line. Hours of permitted operation are 8:00 a.m. to 9:00 p.m. “Paintball” means any game or event that involves using guns or devices that shoot capsules of paint or dye.
BERKELEY LAKE,
(No air gun ordinances/restrictions documented). *State law may apply
BIBB COUNTY,
(No air gun ordinances/restrictions documented). *State law may apply
BLACKSHEAR,
(N) Firing range facilities, outdoor. These are any facilities where outdoor firing of firearms is performed on a commercial basis (i.e., requires a fee or membership), including private gun clubs, target shooting ranges, etc.
BLECKLEY COUNTY,
(No air gun ordinances/restrictions documented). *State law may apply
BLOOMINGDALE,
(No air gun ordinances/restrictions documented). *State law may apply
BRANTLEY COUNTY,
(No air gun ordinances/restrictions documented). *State law may apply
BROOKLET,
(No air gun ordinances/restrictions documented). *State law may apply
County of BROOKS,
(No air gun ordinances/restrictions documented). *State law may apply
BRUNSWICK,
(No air gun ordinances/restrictions documented). *State law may apply
County of BULLOCH,
(No air gun ordinances/restrictions documented). *State law may apply
BURKE COUNTY,
(No air gun ordinances/restrictions documented). *State law may apply
BYRON,
(No air gun ordinances/restrictions documented). *State law may apply
CAIRO,
(A) No person shall negligently or purposely discharge any firearm, BB gun or slingshot within the city, except:
(2) In necessary self-defense.
(3) A law enforcement officer in necessary performance of official duty.
(4) For the purpose of target shooting or practice on a range operated by qualified personnel. “Qualified personnel” shall consist of a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the national rifle association, or a person designated by a rifle or pistol club, public or private school or military agency.
(5) Target shooting on private premises with air or carbon dioxide-operated BB or with a pellet gun or slingshot, providing:
(b) The target area is enclosed in such manner and with such materials that will stop the projectiles.
(c) Such target shooting is supervised by an adult at all times.
(d) Any safety precautions recommended by the police chief are complied with.
(6) Where a permit has been issued by the police chief.
(B) “Firearms,” as used in this section, shall mean any device that expels a projectile by means of expending gases.
(Code 1965, §§ 20-5, 20-6)
State law reference— Discharge of firearms, OCGA § 16-11-103 et seq.
CALHOUN,
Sec. 66-97. – Firearms, weapons, tools.
It shall be unlawful for any person to bring in to or have in his possession in any park or recreation area:
(2) Any pistol or revolver or objects upon which loaded or blank cartridges may be used. Official starters at authorized track and field events are excepted from this restriction.
(3) Any burglar tools.
(4) Any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow, or other weapon in which the propelling force is gunpowder, a spring or air.
(Ord. No. 764, § 7, 10-27-2003)
CAMILLA,
Sec. 11-1-7. – Weapons; discharge in city.
It shall be unlawful for a person to discharge a firearm, including pistol, rifle and shotgun, or to shoot an air gun, including BB gun and pellet gun, within the city, except by law enforcement officers in the line of duty, and the military when on drill or parade, or at a funeral in honor of the dead; provided, however, it shall not be unlawful for any person to shoot a BB gun upon private property if such person shall have first obtained the express permission of the owner of such property to do so. Provided, however, that this section shall not apply to sport shows, events, meets, competitions, demonstrations, and exhibitions involving the use of firearms which are sponsored by nonprofit organizations for charitable or other public purposes and specifically permitted in advance by the mayor and council.
(Code 1970, § 13-37; Ord. No. 91-11, 11-25-91)
CANTON,
Sec. 34-3. – Discharge of weapons in city.
It shall be unlawful for any person to discharge a firearm, including pistol, rifle and shotgun, or to shoot an air gun, including BB gun and pellet gun, within the city, except by law enforcement officers in the line of duty and the military when on drill or parade or at a funeral in honor of the dead. However, it shall not be unlawful for any person to shoot a BB gun upon private property if that person shall have first obtained the express permission of the owner of that property to do so.
(Code 1985, § 11-1-2; Code 2002, § 34-2)
State law reference— Discharge of firearms, O.C.G.A. §§ 16-11-103, 16-11-104; regulations of fireworks, O.C.G.A. § 25-10-1 et seq.
County of CARROLL, (No air gun ordinances/restrictions documented). *State law may apply
CARROLLTON,
(No air gun ordinances/restrictions documented). *State law may apply
CARTERSVILLE,
Sec. 11-144. – Slingshots, etc.
It shall be unlawful for any person to use, discharge or shoot any slingshot, air rifle, or guns discharged by forcing of air, gas pressure of any other manner, or bow and arrow in the corporate limits of the city except for supervised events permitted by the chief of police.
(Code 1976, § 9-1017; Ord. No. 8-98, 4-9-98)
County of CATOOSA,
(No air gun ordinances/restrictions documented). *State law may apply
CEDARTOWN,
(No air gun ordinances/restrictions documented). *State law may apply
CENTERVILLE,
(No air gun ordinances/restrictions documented). *State law may apply
CHAMBLEE,
(No air gun ordinances/restrictions documented). *State law may apply
CHATSWORTH,
(No air gun ordinances/restrictions documented). *State law may apply
County of CHEROKEE,
CLARKSTON,
Sec. 12-30. – Discharging weapons.
It shall be unlawful for any person to fire or discharge any gun, pistol, cannon, air rifle, or to shoot a slingshot within the city, except when necessary for law enforcement officers or for the purpose of self-defense, or by military officials when on drill or parade or at a funeral in honor of the dead.
(Ord. No. 280, § 1, 3-2-04)
County of CLAY,
(No air gun ordinances/restrictions documented). *State law may apply
County of CLAYTON,
Sec. 62-5. – Discharge of weapons.
(a) It shall be unlawful for any person to fire a gun, rifle, pistol, revolver, cannon, air rifle, firearm of any type or shoot a slingshot or bow and arrow within the unincorporated area of the county within 1,000 feet of any residence, place of worship, business or public meeting place; except, that this section shall not apply to any law enforcement officer while in the discharge of his official duties, nor to any county animal control officer as provided below, nor to any person hunting upon his own property or the premises of another with the owner’s written consent in that area of the county zoned for agriculture by a zoning ordinance, order or resolution of the board of commissioners; provided that such person hunting on the premises of another shall at all times have the written permission of the owner of such property on his person.
(b) Clayton County Animal Control Officers are authorized to possess and use self-contained, compressed air powered rifles issued by the county for the specific intended purpose of sedation and capture of animals.
(Code 1973, § 2-19-10; Ord. No. 2007-56, § 1, 3-20-07)
CLEVELAND,
County of COBB,
Sec. 86-5. – Weapons discharge.
(a) It shall be unlawful for any person to discharge a firearm, air rifle, pellet gun, slingshot, crossbow or other similar device into or over property belonging to another person or entity without first obtaining written permission from that person or entity.
(b) In addition to the penalty provided for in section 86-1, if the person charged with violating this ordinance is a minor, it will be within the discretion of the officer issuing the citation to issue a warning. If this is done, a duplicate of the warning will be sent to the minor’s parents or legal guardian by certified mail.
(c) The provisions of this section shall not apply to:
(1) Persons who discharge one of these devices in defense of person or property;
(2) Law enforcement officers in the performance of official duties;
(4) Military forces of this state or the United States in the performance of official duties.
(Ord. of 6-27-00)
COCHRAN,
DIVISION 1. – GENERALLY
Sec. 36-188. – Unlawful purchases for minors.
Sec. 36-189. – Air rifles, etc.
Secs. 36-190—36-216. – Reserved.
Sec. 36-188. – Unlawful purchases for minors.
No person in the city shall procure for any minor any article which the minor is forbidden by law to purchase.
(Code 1999, § 7-108)
Sec. 36-189. – Air rifles, etc.
No parent or guardian shall allow his child or ward to shoot any kind of BB gun, pellet gun, or similar apparatus.
(Code 1999, § 6-1015; Ord. of 4-15-1958)
COFFEE COUNTY,
(No air gun ordinances/restrictions documented). *State law may apply
COLLEGE PARK,
Sec. 12-24. – Weapons—Discharging.
(a) Firearms. It shall be unlawful to discharge, fire or shoot any firearm within the city except in defense of person, provided that this section shall not prevent the discharge of firearms in honor guards at funerals, the discharge of firearms by authorized city employees in the discharge of their duties, the discharge of firearms in a regularly-licensed shooting gallery, or at ceremonial functions for which a permit for the discharge of firearms has been obtained.
(c) Other weapons. It shall be unlawful for any person to shoot an air rifle or B.B. gun, or to use a slingshot or bow and arrow in the city.
(Ord. No. 97-11, § 1, 4-21-97)
State law reference— Weapons, O.C.G.A. § 16-11-10 et seq.
COLQUITT,
ARTICLE VIII. – WEAPONS
Sec. 46-289. – Discharging air guns, air pistols or bows.
It shall be unlawful for any person to discharge any air gun or air pistol, or any longbow, crossbow or any other type of bow designed to discharge arrows, in any of the streets or sidewalks of the city or in any of the lots thereof unless permission for the discharge of such devices has been given to the person discharging such device by the owner of the property on which such devices are discharged, and unless the discharging of such device is so controlled that no pellet, shot, arrow or any matter so discharged shall cross the property line of the person granting such permission.
Sec. 46-290. – Offenses involving persons under 18.
(b) Notwithstanding any other provision of this article and except as otherwise provided in this article, it shall be unlawful for any person under the age of 18 years to possess or have under such person’s possessive control a pistol or revolver, whether loaded or unloaded.
(c) It shall be unlawful for any person intentionally, knowingly or recklessly to sell or furnish a pistol or revolver to any person below the age of 18 years.
County of COLUMBIA,
(No air gun ordinances/restrictions documented). *State law may apply
COLUMBUS,
Sec. 14-68.1. – Discharging air guns, crossbows, etc.; permission required.
It shall be unlawful for any person to discharge any air gun or air pistol, or any longbow, crossbow, or any other type of bow designed to discharge arrows, in any of the streets or sidewalks of Columbus, Georgia or in any of the lots thereof unless permission for the discharge of such devices has been given to the person discharging same by the owner of the property on which said devices are discharged, and unless the discharging of same is so controlled that no pellet, shot, arrow, or any matter so discharged shall cross the property line of the person granting such permission.
(Ord. No. 62-124, §§ 1, 2, 11-26-62; Ord. No. 85-133, § 2, 12-3-85)
Sec. 14-69. – Penalty.
Any person violating any portion of this article shall, upon conviction in the recorder’s court, be punished as provided in section 1-8 of this Code. A single act or omission contrary to the terms hereof shall constitute a punishable violation.
(Ord. of 5-10-49, § 3)
COMMERCE,
Sec. 46-2. – Discharge of firearms, air guns, etc.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearms includes pistols, rifles, and shotguns, whether operated by the discharge of an explosive powder, air or gas.
(b) Act prohibited. No person shall discharge any firearm within the city except:
(1) Law enforcement officers of the city, county, state or federal agencies who are engaged in the line of duty.
(2 Competitors in organized shooting events held at ranges which have been registered and approved by the city pursuant to rules promulgated by the chief of police.
(3) Licensed hunters of game birds, during state and/or federal seasons are authorized to discharge shotguns only loaded with shells which contain bird shot no larger in diameter than number six shot; provided that no such gun shall be discharged within 150 yards of a public road or a residence or from any point from which expended shot may reach or fall upon either a residence or a vehicle traveling a public road.
(d) Special permits for shooting animal pests. The chief of police may issue a special written permit to a citizen over the age of 18 to use a firearm for the limited purpose of shooting animal pests. Any firearm and/or ammunition used under this section and the type of animal to be shot shall be first approved by the chief of police or designee. The permit shall be for a limited time not to exceed one year and for use only upon the applicant’s property. The permit may be revoked with or without cause by the chief of police at any time without notice. No person holding such permit shall at any time discharge such firearm in such a way as to encroach on any street, public way, house or property or person of another. The application for such permit shall be signed by the applicant and give his correct name, age and address, the use intended and the period and place desired for such purposed use as well as the type of firearm and ammunition to be used. The applicant shall consent to a criminal background check. No person shall give false information in his written application. No permit shall be issued by the chief of police to any person that has been convicted of any felony, assault of an aggravated nature, family violence, or crimes involving the person or property of another. The application and a duplicate of the permit, if issued, shall be kept in the office of the chief of police. Any person who is refused a permit may appeal to the city manager. The fee for a one permit shall be $20.00.
(e) Penalty. Any person found guilty of violating this section may, upon conviction, be punished as provided in section 1-12
(Code 1987, § 17-102; Ord. No. 2009-004, 3-9-09; Ord. No. 2010-011, 6-14-10)
Sec. 46-3. – Report of treatment of wounds.
All physicians and all hospital superintendents in the city are hereby required to report to the police department all patients treated by physicians or diagnosed or known to be suffering from wounds inflicted by a dangerous or deadly weapon of any kind. Such report may be made in writing or by telephone, giving the name of the reporting person and the patient and any other pertinent data requested by the police department. All reports shall be made within 24 hours after treatment by a physician or after admission to the hospital.
(Code 1987, § 17-103)
CONYERS,
Sec. 11-1-9. – Weapons, discharging within City.
No person within the City limits shall shoot or discharge any firearm, pistol, rifle, shotgun, air gun, air rifle, BB gun, slingshot, or other like instruments of any nature, except in his own defense, or the defense of his family or property, or by permission of the Chief of Police as part of a ceremonial observance or parade, or for the abatement of nuisance animals, such as starlings, pigeons and rodents. A permit must be issued by the Chief of Police and may be revoked by the Chief of Police without cause.
(Code 1978, § 10-1005; Code 1990, § 11-1-9; Ord. No. 241, 1-2-1979)
State law reference— Discharge of firearm near highway or street, O.C.G.A. § 16-11-103; discharge of firearm on property of another, O.C.G.A. § 16-11-104.
CORDELE,
(No air gun ordinances/restrictions documented). *State law may apply
CORNELIA,
(No air gun ordinances/restrictions documented). *State law may apply
COVINGTON,
9.12.030 – Slingshot—Bows and arrows—Air rifles.
It is unlawful for any person to use, discharge or shoot any slingshot, air rifle, or guns discharged by forcing of air, gas, pressure or any other manner, or bow and arrow in the city limits. Provided, however, that this section shall not apply to any person discharging archery equipment on that person’s own property or other areas within the corporate limits of the city which are at least one hundred (100) yards from the nearest inhabited dwelling.
(Ord. dated 8/16/10, § 1; prior code § 14-41)
County of COWETA,
(No air gun ordinances/restrictions documented). *State law may apply
CRAWFORDVILLE,
Sec. 28-23. – Air rifles, etc.
It shall be unlawful for any person in the city to discharge any air gun, air pistol, air rifle, BB gun, or sling shot capable of discharging a metal bullet or pellet, whether propelled by spring, compressed air, expanding gas, explosive, or other force-producing means or method.
(Code 1974, § 10-213)
CRISP COUNTY,
(No air gun ordinances/restrictions documented). *State law may apply
CUMMING,
(No air gun ordinances/restrictions documented). *State law may apply
Unified Government of
CUSSETTA-CHATTAHOOCHEE COUNTY GEORGIA,
Sec. 18-67. – Air-guns.
No person shall shoot or eject from any air rifle or pistol or any other instrument any BB shot or pellet or any other object that may be propelled by released air mechanical means in the city.
(City Ord. No. 3-74, § 1, 4-2-1974)
DALLAS,
(No air gun ordinances/restrictions documented). *State law may apply
DALTON,
Sec. 74-181. – Possession by minors.
It shall be unlawful for any parent or any other person having custody of any child under 12 years of age to permit such child to have in his possession any firearm, air pistol, air gun or BB gun within the corporate limits.
(Code 1983, § 15-21)
Annotation—A violation of an ordinance making it unlawful for a parent to permit his minor child to possess an air rifle may constitute negligence per se. Faith v. Massengill, 104 Ga. App. 348, 121 S.E.2d 657 (1961).
State law reference— Furnishing certain weapons to minors, O.C.G.A. § 16-11-101 et seq.
Sec. 74-182. – Discharge of air guns or BB guns.
The shooting or discharging of air rifles, air pistols and/or BB guns within the corporate limits is prohibited.
(Code 1983, § 15-22)
DARIEN,
(No air gun ordinances/restrictions documented). *State law may apply
DAWSON COUNTY,
(No air gun ordinances/restrictions documented). *State law may apply
DAWSONVILLE,
(No air gun ordinances/restrictions documented). *State law may apply
DECATUR,
Sec. 70-13. – Firearms, air rifles and slingshots—Discharging in city.
(a) It shall be unlawful for any person to fire or discharge any gun, pistol, cannon, air rifle or shoot a slingshot within the city; provided, however, that this section shall not apply to any police officer or other law enforcement officer who shall find it necessary to fire such weapon while in the discharge of his duties as such officer.
(c) In the event of the conviction under this section of any person who is a minor, the chief of police shall seize and retain the firearm or other instrument until any fine and costs imposed by the municipal court judge are paid.
(Code 1967, § 16-7)
County of
DEKALB,
ARTICLE II. – PARK AND RECREATION FACILITY RULES
Sec. 19-36. – Weapons.
(b) Weapons include, but are not limited to, knives; air guns; paintball guns; archery equipment; explosives; fireworks; slingshots; fishing spears; any device designed to launch a projectile by physical strength, compressed gas/compressed air or a fuel source; and other devices designed for the purpose of offense or defense. The term “weapon,” as used in this section, does not include firearms as defined in O.C.G.A. § 16-11-171, and as it hereafter may be amended.
(c) It shall be unlawful for any person other than law enforcement officers to shoot, use, carry, or employ any weapon or similar device in any park or other area owned or operated by the county for recreational purposes.
(d) It shall be unlawful for any person other than law enforcement officers to discharge any firearm in any park or other area owned or operated by the county for recreational purposes.
(e) The director of the parks department or his/her designee may issue a permit for a time-limited use of weapons other than firearms, and the permit shall set forth specific conditions for use and handling of such weapons.
(f) This section shall not prohibit the customary and ordinary use of the county firing range during normal operating hours.
(Ord. No. 09-15, Pt. I, 10-27-09)
Sec. 16-72. – Discharge of weapons.
It shall be unlawful for any person to fire a gun, rifle, pistol, revolver, cannon, air rifle, firearm of any type or shoot a slingshot or bow and arrow within the unincorporated area of the county, within fifteen hundred (1500) feet of any residence, place of worship, business or public meeting place. This section shall not apply to any law enforcement officer while in the discharge of official duties, nor to any person hunting upon such person’s premises or the premises of another with the owner’s consent in that area of the county zoned for agriculture by a zoning ordinance, order or resolution of the board of commissioners, nor to any person, or group of persons, who has first obtained the written permission for this from the chief executive. Permission will be granted upon a showing that the public safety will not be endangered.
(Code 1976, § 10-1011)
DOOLY,
(No air gun ordinances/restrictions documented). *State law may apply
DORAVILLE,
Sec. 17-40. – Special event prohibitions.
The following prohibitions shall apply to all special events.
(a) It shall be unlawful for any person at any special event to carry or possess any weapon, as defined below. For purposes of this article, and notwithstanding any other provisions of this Code, “weapon” means any pistol, rifle, shotgun or other firearm of any kind, whether loaded or unloaded, air rifle, air pistol, paintball gun, paintball rifle, explosive, blasting cap(s), knife, hatchet, ax, slingshot, blackjack, metal knuckles, mace, iron buckle, ax handle, chains, crowbar, hammer, shovel, or any club, bludgeon or any other instrument used, or intended to be used, as a dangerous weapon.
Sec. 11-17. – Weapons.
(b) Drawing concealed weapons. It shall be unlawful for any person in this City to draw from a place of concealment about his person any pistol, dirk or knife.
(c) Drawing weapon on another. It shall be unlawful for any person to draw on another any weapon; provided, that any person may in good faith draw in self-defense any weapon not a concealed weapon.
(d) Discharging. It shall be unlawful for any person other than law enforcement officers in actual discharge of their duties as such, or persons in actual defense of life, limb, or property of themselves or others under their lawful protection, to discharge any sort of gun, pistol, rifle or firearm, or BB, air or spring gun, within the City, whether the same is loaded with bullet, shot, shell, missile or a mere explosive blank cartridge, shell or other explosive device; provided, however, that the City Council may permit the discharge of firearms at turkey shoots or other similar events upon application by a requesting nonprofit organization, the time, caliber of ammunition, supervision requirements, location, bond, insurance or such other requirements as may be deemed necessary or proper to be determined by the City Council, with advice and assistance of the police chief. In all cases, until the contrary is made to appear, it shall be presumed that any discharge of a weapon within the corporate limits is in violation of this section.
(Code 1969, § 10-26)
State law reference— Discharge of firearm near public highway or street, O.C.G.A. § 16-11-103; discharge of firearm on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.
County of DOUGHERTY,
(No air gun ordinances/restrictions documented). *State law may apply
DOUGLAS,
(No air gun ordinances/restrictions documented). *State law may apply
County of DOUGLAS,
(No air gun ordinances/restrictions documented). *State law may apply
DOUGLASVILLE,
(No air gun ordinances/restrictions documented). *State law may apply
DUBLIN,
ARTICLE II. – WEAPONS
Sec. 14-20. – Discharging firearms, air guns, etc.
(b) It shall be unlawful for any person in the city to discharge any gun, pistol or other firearm within three hundred (300) yards of any street, alley or building, or at any point upon the land of another person without the express consent of the owner or occupant thereof; or to discharge at any time, any air gun, BB gun or toy gun which projects lead or any other missile.
(c) This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty; nor to any citizen from discharging a firearm when lawfully defending person or property.
(Ord. No. 72-11, § 17-29, 3-6-72)
Sec. 5-1. – Molesting birds.
The city is hereby declared a bird sanctuary and no person shall hunt, kill, trap or decoy birds or rob their nests of eggs or young in the city. It shall also be unlawful for any person to shoot at or shoot birds with a gun, pistol, “BB” gun, air rifle, slingshot, or other instrument of like kind, or strike, or throw any object at a bird.
(Code 1964, § 4-1)
DULUTH,
Sec. 10-5. – Discharging weapons.
It shall be unlawful for any person, other than law enforcement officers in actual discharge of their duties as such, or persons in actual defense of life, limb or property of themselves or others under their lawful protection, to discharge any sort of gun, pistol, rifle or firearm, or “BB” or air or spring gun, within the city, whether the same is loaded with bullet, shot, shell missile or a mere explosive blank cartridge, shell or other explosive device; however, the city council may permit the discharge of firearms at turkey shoots or other similar events upon application by a requesting nonprofit organization, the time, caliber of ammunition, supervision requirements, location, bond, insurance or such other requirements as may be deemed necessary or proper to be determined by the city council, with advice and assistance of the police chief. In all cases, until the contrary is made to appear, it shall be presumed that any discharge of a weapon within the corporate limits is in violation of this section.
(Ord. of 9-24-70(4), § 27(c))
Cross reference— Dove shoots, § 4-51 et seq.
DUNWOODY,
Weapon means firearm, rifle, pistol, revolver, paintball gun, or any weapon designed or intended to propel a shot, bullet, or other missile of any kind, or any device capable of discharging a projectile by air, spirit, gas or explosive, or any explosive substance or harmful solid, liquid and gaseous substance, or any spear, arrow, bow and arrow, slingshot, crossbow, spear or spear gun, or any dirk, Bowie knife, switchblade knife, ballistic knife, or any other knife, straight-edged razor, spring stick, metal knuckles, blackjack, any bat unless otherwise used in a sporting event, club or other bludgeon-type weapon, or any flailing instrument or any disk which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun, taser or similar device.
EAST POINT,
Sec. 13-2007. – Firearms, discharging.
(a) It shall be unlawful for any person to fire, discharge or shoot any gun, pistol or other firearm within the city, unless it be a regularly licensed shooting gallery or in defense of self, habitation or property.
(b) It shall be unlawful for any person to fire, discharge or shoot any gun in buildings owned or operated by the city as well as any and all other property owned or operated by the city. It shall also be unlawful for any person to discharge any firearm within any city parks unless expressly authorized by the mayor and city council.
(Code 1959, § 14-14; Ord. No. 009-08, 3-17-08; Ord. No. 012-08, 4-21-08)
Cross reference— Air rifles, blank pistols, sling-shots, § 13-1006; drawing or flourishing weapons, § 13-1018.
State law reference— Firearms which are discharged within fifty feet of a state highway constitute offense against the state, Ga. Code. Ann., § 26-2909.
EASTMAN,
(No air gun ordinances/restrictions documented). *State law may apply
EATONTON,
(No air gun ordinances/restrictions documented). *State law may apply
ECHOLS COUNTY,
(No air gun ordinances/restrictions documented). *State law may apply
EFFINGHAM COUNTY,
(No air gun ordinances/restrictions documented). *State law may apply
ELLAVILLE,
Sec. 54-34. – Discharging firearms, other weapons.
It shall be unlawful for any person to discharge any firearm or gun, including an air rifle, outside of his home and off his premises, on the sidewalks or streets of the city.
ELLIJAY,
Sec. 50-2. – Discharging firearms, air guns, similar weapons.
(b) It shall be a misdemeanor for any person to discharge any gun, pistol or other firearm within the city or to discharge at any time any air gun, BB gun or toy gun which projects lead or any other missile.
(c) This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty nor to any citizen from discharging a firearm when lawfully defending person or property.
(Code 1979, § 31-102)
EMANUEL COUNTY,
FAIRBURN,
ARTICLE II. – CRIMES AGAINST PUBLIC ORDER
Sec. 41-26. – Same—Slingshots; bows and arrows; air rifles.
It shall be unlawful for any person to use, discharge or shoot any slingshot, air rifle, or guns discharged by forcing of air, gas, pressure or any other manner, or bow and arrow in the city limits.
(Code 1966, § 16-29)
State law reference— Possession of dangerous weapons, O.C.G.A. § 16-11-120 et seq.
FAIRMOUNT,
(No air gun ordinances/restrictions documented). *State law may apply
County of FANNIN,
(No air gun ordinances/restrictions documented). *State law may apply
FAYETTE,
(No air gun ordinances/restrictions documented). *State law may apply
FAYETTEVILLE,
(No air gun ordinances/restrictions documented). *State law may apply
FITZGERALD,
(No air gun ordinances/restrictions documented). *State law may apply
FLEMINGTON,
(No air gun ordinances/restrictions documented). *State law may apply
FLOWERY BRANCH,
(No air gun ordinances/restrictions documented). *State law may apply
Sec. 38-12. – Discharge of projectiles within the park prohibited.
It shall be prohibited for any person to use or possess in the Flowery Branch Park any firearms, bows and arrows, spring guns, air rifles, sling shots, or any other device which discharges projectiles by any means, unless such use has been approved within restricted areas by the prior written permission of the city council.
(Ord. No. 82, § 12, 9-16-1991)
Sec. 38-13. – Projectile discharge into the park prohibited.
It shall be prohibited for any person to shoot into the Flowery Branch Park by way of any firearm, bow and arrow, spring gun, air rifle, sling shot, or any other device which discharges projectiles by any means, from beyond the boundaries of the Flowery Branch Park.
(Ord. No. 82, § 13, 9-16-1991)
County of FLOYD,
Sec. 2-13-1. – Definitions.
Weapon: Any hatchet, ax, bb-gun, air gun, slingshot, bow, or other similar device.
Sec. 2-13-3. – Purpose.
The purpose of this chapter is to provide rules, procedures and regulations for the use and conduct in the public parks and recreation areas of the county.
FOREST PARK,
Sec. 11-1-24. – Slingshots; bows and arrows; air rifles, exception.
It shall be unlawful for any person to use, discharge or shoot any slingshot, air rifle, or guns discharged by forcing of air, gas pressure or any other manner, or bow and arrow, or any similar device that hurls or propels any object in the corporate limits of the city, except that archery instruction and practice may be conducted in closely supervised groups when approved by the director of parks and recreation.
FORSYTH COUNTY,
Weapon means firearm, rifle, pistol, revolver, or any weapon designated or intended to propel a shot, bullet, or other missile of any kind, or any device capable of discharging a projectile by air, spirit, gas or explosive, or any explosive substance or harmful solid, liquid or gaseous substance, or any spear, arrow, bow and arrow, slingshot, crossbow, spear or spear gun, or any knife, straight-edged razor, spring stick, metal knuckles, blackjack, club or other bludgeon-type weapon, or any flailing instrument or any disk which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any stun gun, taser or similar device.
ARTICLE III. – SHOOTING RANGES
Firearm: An instrument used in the propulsion of shot, shell, or bullet by the action of gunpowder exploded within said instrument. For purposes of this article, the term firearm shall exclude BB guns and air rifles.
FORT OGLETHORPE,
(No air gun ordinances/restrictions documented). *State law may apply
County of FULTON,
(No air gun ordinances/restrictions documented). *State law may apply
GAINESVILLE,
Sec. 1-7-2. – Prohibited acts.
It shall be unlawful for any person while in a city park to:
(5) Possess while on park property a revolver, pistol, shotgun, rifle, air rifle, air gun, or any gun or bow or other weapons that discharge projectiles either by air, explosive substance or any other force. No person shall discharge or set off anywhere on park property any explosives, revolver, pistol, shotgun, rifle, air rifle, or any bow, or other weapons that discharge projectiles either by air, explosive substance or any other force.
GARDEN CITY,
(2) To shoot any firearm, pistol, rifle, shotgun, air gun, air rifle, B-B gun, or other like instrument of any nature provided, however, that this subsection shall not apply to the following:
a. The shooting or discharging of a shotgun by a duly licensed person in the act of hunting authorized game in season with the permission of the owner of the property upon which such shooting or discharging takes place at a point not less than 300 yards from any residential structure, business structure, road, or street;
b. Any show, display, turkey shoot, military parade, or other similar event which said event complies with the rules and regulations established by the Garden City Police Department Chief of Police, and for which a permit shall have been duly issued by said police chief or city council;
Duly authorized law enforcement officers acting in the line and scope of their duties as such, or engaged in training or practice at designated firing ranges; and,
Persons who fire or discharge a firearm at a firing range approved by the national, state, or local agency having jurisdiction over such activity.
County of GILMER,
GLENNVILLE,
Sec. 30-2. – Discharging firearms and air guns.
(a) It shall be unlawful for any person in the city to discharge any gun, pistol, or other firearm within 300 yards of any street, alley, or building, or at any point upon the land of another person without the express consent of the owner or occupant thereof; or to discharge at any time, any air gun, BB gun or toy gun which projects lead or any other missile.
(b) This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty; nor to any citizen from discharging a firearm when lawfully defending person or property
County of GORDON,
(No air gun ordinances/restrictions documented). *State law may apply
GRANTVILLE,
(No air gun ordinances/restrictions documented). *State law may apply
GRAYSON,
(No air gun ordinances/restrictions documented). *State law may apply
GREENE COUNTY,
(No air gun ordinances/restrictions documented). *State law may apply
GRIFFIN,
Sec. 58-5. – Discharging firearms, air rifles.
(a) It shall be unlawful for anyone to discharge firearms, air rifles or pellet guns within the city except as provided for in subsection (b) of this section.
(c) The chief of police may issue a special written permit to a citizen over the age of 21 years to use a firearm for the limited purpose of shooting animal pests excluding dogs and cats. Such firearms used under this section shall be limited to a .410 shotgun with 2½-inch shell with #8 shot or higher, or a .22 rifle using scatter or varmint shot only. The permit shall be for a limited time not to exceed 30 days and for use only upon the applicant’s property. Not more than two permits in any one calendar year shall be issued for any one property location. The permit may be revoked for cause by the chief of police at any time without notice. No person holding such permit shall at any time discharge such firearm in the direction of any street, public way, house or property or person of another. No person shall discharge such firearm at night or on Sunday or at other times so as to work a nuisance or cause annoyance of other citizens in the use and enjoyment of their property. The granting of this permit shall not relieve the permit holder from complying with all applicable state statutes.
(d) The application for such a permit shall be signed by the applicant and give his correct name, age and address, the use intended and the period and place desired for such proposed use. No person shall give false information in his written application. No such permit shall be issued by the chief of police to any person who has been convicted of a felony, assault of an aggravated nature, or crimes involving the person or property of another. The aforesaid application and a duplicate of the permit, if issued, shall be kept of record in the office of the chief of police. The permit shall be issued by the chief of police or his designee upon payment of a fee as set out in the schedule of fees and charges. Any person who is refused a permit may appeal in writing to the board of commissioners.
(Code 1968, § 15-14)
County of GWINNETT,
Weapon means firearm, rifle, pistol, revolver, paintball gun, or any weapon designed or intended to propel a shot, bullet, or other missile of any kind, or any device capable of discharging a projectile by air, spirit, gas or explosive, or any explosive substance or harmful solid, liquid and gaseous substance, or any spear, arrow, bow and arrow, slingshot, crossbow, spear or spear gun, or any dirk, Bowie knife, switchblade knife, ballistic knife, or any other knife, straight-edged razor, spring stick, metal knuckles, blackjack, any bat, club or other bludgeon-type weapon, or any flailing instrument or any disk which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun, taser or similar device.
(Code 1978, § 4-3002; Ord. of 5-4-93(2); Ord. of 1-2-02(2), § 1; Res. of 11-16-05, § 1)
Cross reference— Definitions generally, § 1-2.
Sec. 78-2. – Enforcement of chapter.
This chapter shall be enforced by any authorized law enforcement officer of the county. Where there has been a violation of any provisions of this chapter, the law enforcement officer in his discretion may issue a citation, warning and/or order the person to leave the park or recreation area.
(Code 1978, § 4-3021; Ord. of 1-2-02(2), § 1)
Sec. 78-3. – Penalties for violation of chapter.
Any person violating any provision of this chapter shall be fined in a sum not exceeding $1,000.00 or may be confined in the county jail for a term not exceeding 60 days, or both.
(Code 1978, § 4-3022; Ord. of 1-2-02(2), § 1)
HABERSHAM COUNTY,
(No air gun ordinances/restrictions documented). *State law may apply
HAHIRA,
(No air gun ordinances/restrictions documented). *State law may apply
HALL COUNTY,
7. Weapon means a pistol, firearm, rifle, hatchet, ax, shotgun, air gun, slingshot or other similar device.
(Res. of 3-12-84, § 1; Code 1991, § 2.20.010)
Cross reference— Definitions and rules of construction generally, § 1.20.010 et seq.
2.50.020. – Recreation and parks department created; purpose.
The Hall County Recreation and Parks Department is created to function as a line department directly responsible to the board of commissioners of the county. The primary purpose of the county recreation and parks department is to provide, maintain and conduct parks, playgrounds, recreation centers, and to carry out all other recreational activities and services within the geographical boundaries of the county.
(Res. of 12-8-80, § 2; Code 1991, § 2.20.020)
HAPEVILLE,
Sec. 26-2-3. – Air rifles, BB guns, slingshots.
It shall be unlawful for any person to shoot an air rifle, BB gun or slingshot on or in, or into, any public street, public alley, public property, residential property or business property located in the city; provided it shall not be unlawful to shoot an air rifle or BB gun or slingshot on any private property where permission of the owner has been secured and where the shots or pellets discharged from the air rifle, BB gun or slingshot do not hit or pop upon any public street, public alley, public property or neighboring residential or business property.
(Code 1959, § 14-3; Code 1981, § 11-1-3)
HARALSON COUNTY,
(No air gun ordinances/restrictions documented). *State law may apply
County of HARRIS,
(No air gun ordinances/restrictions documented). *State law may apply
County of HART,
(No air gun ordinances/restrictions documented). *State law may apply
HARTWELL,
(No air gun ordinances/restrictions documented). *State law may apply
HAWKINSVILLE,
(No air gun ordinances/restrictions documented). *State law may apply
HEARD COUNTY,
Sec. 28-23. – Discharge of firearms.
(a) Occupied dwelling. It shall be unlawful for any person to discharge any firearms within 150 yards, or discharge any rifle or shotgun utilizing a slug load within 300 yards, of an occupied dwelling without the permission of the owner of such dwelling.
(b) Prohibited. It shall be unlawful for any person in the county to discharge or shoot any gun, air gun, BB gun, pistol, rifle or shotgun utilizing a slug load or other firearms that project lead or any other missile as follows:
(1) Into a dwelling, house, railroad train, boat, aircraft, motor vehicle, or any building or structure used for assembling of people;
(3) At a mark, at any inanimate object, or at random, on, along or across a public highway;
(4) At or from any motor vehicle, at any person, at any other motor vehicle, or at any building or habitable structure; or
(5) Within 50 yards of a property line or across a property line without the permission of the owner of the adjoining property.
HELEN,
(No air gun ordinances/restrictions documented). *State law may apply
County of HENRY,
Sec. 3-13-4. – Parks—Prohibited acts.
(a) As used in this section, the term “park” or “recreational area” means a park or recreational area which is under the custody or control of Henry County, Georgia, whether owned or leased by Henry County, and which is used for recreation by the general public.
b. To use or discharge any firearm, air rifle or spring gun or destructive device in any park or recreational area.
HINESVILLE,
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 16-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105.
Sec. 12-38. – Discharging missiles.
It shall be unlawful for any person to use, discharge, or shoot any slingshot, air rifle, or pellet gun by forcing of air, gas, pressure or in any other manner, or arrow from a bow, in the City.
(Code 1978, § 12-32)
HOLLY SPRINGS,
Sec. 46-5. – Discharging firearms, air guns, BB guns, toy guns.
(a) No person shall discharge any gun, pistol or other firearm within 300 yards of any street, alley or building, or at any point upon the land of another person without the express consent of the owner or occupant thereof, or discharge at any time any air gun, BB gun or toy gun that projects lead or any other missile.
(b) This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty; nor to any citizen from discharging a firearm when lawfully defending person or property.
(Code 1991, § 11-1-2)
Cross reference— Dangerous weapons prohibited on premises where on-premises consumption of alcoholic beverages is permitted, § 46-5.
State law reference— Discharge of firearm near public highway or street, O.C.G.A. § 16-11-103; discharge of firearm on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.
County of HOUSTON,
(No air gun ordinances/restrictions documented). *State law may apply
JACKSON,
Sec. 42-238. – Discharging air guns, air pistols or bows.
It shall be unlawful for any person to discharge any air gun or air pistol, or any longbow, crossbow or any other type of bow designed to discharge arrows, in any of the streets or sidewalks of the city or in any of the lots thereof unless permission for the discharge of such devices has been given to the person discharging such device by the owner of the property on which such devices are discharged, and unless the discharging of such device is so controlled that no pellet, shot, arrow or any matter so discharged shall cross the property line of the person granting such permission.
Sec. 42-241. – Penalty.
Any person committing any violation of this article may be prosecuted in the municipal court of the city or in any other state or federal court at the discretion of the prosecutor. Any person convicted of any violation of this article in the municipal court of the city shall be punished as provided in section 1-11.
(Ord. No. 96-13, art. X, 5-7-1996; Ord. No. 96-13A, art. IV, 6-4-1996)
ARTICLE XII. – PARKS
Sec. 42-268. – Prohibited acts.
(e) It shall be unlawful for any person to use or possess in any park or recreational area any fireworks, explosive, or firecrackers unless such use has been granted prior written approval by the city council or the county board of commissioners. It shall also be unlawful for any person to use or possess in any park or recreational area any firearms, bows and arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means unless the device is unloaded and stored so as not to be readily accessible.
County of JACKSON,
(No air gun ordinances/restrictions documented). *State law may apply
JASPER,
(No air gun ordinances/restrictions documented). *State law may apply
JEFFERSON,
(No air gun ordinances/restrictions documented). *State law may apply
JEFFERSON COUNTY,
(No air gun ordinances/restrictions documented). *State law may apply
JEKYLL ISLAND – STATE PARK AUTHORITY, GEORGIA
Sec. 18-2. – Discharging firearms, air guns, etc.
(a) No person shall, while upon the island, discharge any firearm, air gun, BB gun or any other weapon projecting any lead, missile or projectile; provided, however, that this chapter shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, nor any citizen from discharging a firearm when lawfully defending persons or property or when engaged in such hunting as may be expressly authorized by the authority and which shall otherwise be lawful.
(c) The violation of this chapter by any person shall cause such person to be liable to the authority for a fine in the amount of $500.00 in the manner as shall be provided or stipulated by law, and the authority is hereby authorized to invoke any and all such remedies as may by law be available to it to enforce the collection thereof, including but not limited to the appropriate proceedings in courts of competent jurisdiction in the state.
(Code 1981, § 15-102)
JESUP, GEORGIA
*(No listed air gun ordinances)
JOHNS CREEK,
*(No listed air gun ordinances)
JOHNSON COUNTY,
*(No listed air gun ordinances)
JONESBORO,
*(No listed air gun ordinances)
KENNESAW,
Sec. 62-1. – Discharging air rifles or BB guns.
(b) It shall be unlawful for any person to shoot or discharge any BB gun or air rifle in the city, except on his own property or the property of another with the consent of the owner, or property of his parent or guardian, if a minor, and then only in such a manner that the projectiles will not be propelled onto adjacent or other property, and that harm will not be done to anyone or to anyone’s property.
KINGSLAND,
(No air gun ordinances/restrictions documented). *State law may apply
LaGRANGE,
(No air gun ordinances/restrictions documented). *State law may apply
LAKE PARK,
Sec. 9-1. – Discharge of weapons.
The voluntary and willful discharges of a firearm, BB gun, pellet gun, sling shot, bow and arrow, crossbow or any other missile or projectile that is propelled through the air from force that the sender cannot control the destination, which would inflict danger or harm to any homo sapien or any form of lower animal, or damage the property of any citizen within the city shall be deemed and declared illegal. Violators shall be subject to punishment as provided in Code section 1-8.
(Ord. No. 12, §§ 1, 2, 2-5-74; Ord. No. 12 Amd. 1, 2-5-91)
State law reference— Reckless conduct causing harm to or endangering the bodily safety of another, OCGA § 16-5-60; discharge of gun or pistol near public highway or street, OCGA § 16-11-103; discharge of firearms on property of another, OCGA § 16-11-104; carrying a concealed weapon, OCGA § 16-11-126.
LAVONIA,
(No air gun ordinances/restrictions documented). *State law may apply
LEE County,
(No air gun ordinances/restrictions documented). *State law may apply
County of
LIBERTY,
(No air gun ordinances/restrictions documented). *State law may apply
LILBURN,
ARTICLE I. – GENERAL PROVISIONS (Prohibited Items)
Sec. 42-2. – Discharge of firearms.
(a) No person shall discharge any firearm, air rifle, BB-gun, bow, or slingshot within the city limits. The term “firearm” is defined as a weapon from which a shot is discharged by gunpowder.
(c) This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, nor any citizen from discharging a firearm when lawfully defending his person or property.
(d) Citizens desiring to conduct hunting, turkey shoots or other events on property owned by them or with permission from the owner shall obtain a letter of authorization from the chief of police whose duty it will be to inspect the area for safety and to approve or disapprove the request. Approval shall be given upon a showing that public safety will not be endangered by the proposed activity and a further showing that the proposed activity will not violate any law or ordinance.
(Code 1972, § 13-7; Code 2001, § 11-1-2; Ord. of 1-10-1977)
Weapon means firearm, rifle, pistol, revolver, paintball gun, or any weapon designed or intended to propel a shot, bullet, or other missile of any kind, or any device capable of discharging a projectile by air, spirit, gas or explosive, or any explosive substance or harmful solid, liquid and gaseous substance, or any spear, arrow, bow and arrow, slingshot, crossbow, spear or spear gun, or any knife as defined by state law, dirk, Bowie knife, switchblade knife, ballistic knife, or any other knife, straight-edged razor, spring stick, metal knuckles, blackjack, any bat, club or other bludgeon-type weapon, or any flailing instrument or any disk which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun, taser or similar device.
Sec. 46-3. – Penalties for violation of chapter.
(a) Any person found to have violated any provision of this article shall be punished by a fine and/or imprisonment in accord with the maximum limits established in O.C.G.A. § 36-30-8.
(e) Any person convicted of a violation of this article may further be denied any park permit or other permission to utilize the facilities of any park or recreation facility for a period of 60 days following such conviction.
(Ord. No. 436-12, 7-9-2012)
Sec. 46-32. – Weapons prohibited.
(b) It shall be unlawful for any person to discharge any weapon or similar device in a park or recreation facility.
(c) It shall be unlawful for any person to take on a park or recreation facility a weapon, or to use, carry or employ any weapon or similar device in a park or recreation facility. This subsection (b) shall not apply to firearms as defined by O.C.G.A. § 16-11-171(3) or to knives as defined by O.C.G.A. § 16-11-125.1.
(f) This section shall not apply to certified law enforcement officers.
(Ord. No. 436-12, 7-9-2012)
County of
LINCOLN, GEORGIA
*(No air gun ordinances listed for this County, there be towns within this jurisdiction that have
Individual ordinances.)
LINCOLNTON, GEORGIA
Sec. 30-5. – Weapons; discharge in city.
It shall be unlawful for any person to discharge a firearm, including, but not limited to, pistols, rifles and shotguns, or to shoot an air gun, including but not limited to, BB guns and pellet guns, within the city, except by law enforcement officers in the line of duty, and the military when on drill or parade, or at a funeral in honor of the dead; provided, however, it shall not be unlawful for any person to shoot a BB gun upon private property if that person shall have first obtained the express permission of the owner of that property to do so.
(Comp. Ords. 1998, § 9-1-5)
State law reference— Discharge of firearms, O.C.G.A. §§ 16-11-103, 16-11-104; regulations of fireworks, O.C.G.A. § 25-10-1 et seq.
LOCUST GROVE,
Codified through
Ordinance No. 11-05-024, adopted May 2, 2011.
(Supp. No. 8)
9.04.030 – Weapons—Discharge in city.
A. Except as set forth in Subsections B, C, and D of this section, it is unlawful for any person to discharge a firearm including a pistol, rifle, or shot gun, or to shoot an air gun including a BB gun and pellet gun, within the city except by law enforcement officers in the line of duty, and the military when on drill or parade or at a funeral in honor of the dead, or at a licensed firing range; provided, however, it shall not be unlawful for any person to shoot a BB gun upon private property if that person shall have first obtained the express permission of the owner of that property to do so.
Loganville, Georgia
Sec. 22-19. – Discharging firearms, air-guns, etc.
(a)
It is unlawful for any person in the city to discharge any gun, pistol, or other firearm or to discharge at any time, any air gun, BB gun or toy gun which projects lead or any other missile.
(b)
This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty; nor to any citizen from discharging a firearm when lawfully defending person or property.
(Code 1994, § 16-102)
LUMPKIN COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
Macon
Chapter 13 – OFFENSES
Sec. 13-25. – Discharging firearms
(b)
It shall be unlawful for any person to discharge a BB or pellet pistol or rifle from or into any public property, including but not limited to, city parks, streets or alleys. Also, it shall be unlawful for any person to discharge a BB or pellet pistol or rifle from or into the property of another person without the expressed permission of such property owner.
(Code 1979, § 15-2001; Ord. No. 0-94-0012, 3-15-94; Ord. No. O-00-0006, 3-22-00)
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
CITY OF MACON COUNTY OF BIBB, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
MADISON, GEORGIA
Sec. 46-4. Throwing rocks.
It shall not be lawful for any person to throw rocks or propel other dangerous missiles by slingshot or air rifle in the public streets or elsewhere in the city limits, where the person or property of anyone may possibly be injured.
(Code 1991, § 20-101(K)
MADISON COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
MANCHESTER, GEORGIA
Sec. 50-4. – Weapons, discharging within city.
No person, other than peace officers, within the city limits shall shoot or discharge any firearm, pistol, rifle, shotgun, BB gun, or other like instruments of any nature, except in his own defense, or the defense of his family or property, or by permission of the chief of police as a part of a ceremonial observance or parade.
(Code 1990, § 17-50)
State law reference— Discharge of firearm near public highway or street, O.C.G.A. § 16-11-103; discharge of firearm on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.
MARIETTA, GEORGIA
10-4-040 – Firearms and BB guns; discharge prohibited.
No person shall fire a gun, pistol or other firearms, or fire or discharge any air gun, commonly known as a BB gun in the city. Such prohibition shall not apply to firearm discharges totally confined, including sound emissions, in indoor ranges located in industrial or commercial land uses nor shall it apply to persons acting in self-defense or public officers acting in their official capacities.
(Code 1978, § 10-1006; Code 1952, Ch. 19, § 13; Code 1961, § 15-9, as amended by Ord. No. 4636, 5/19/88; Ord. No. 5575, 6/12/96)
MARION COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
MCDONOUGH, GEORGIA
12.12.020 Parks-prohibited acts.
8.
It shall be unlawful for any person to use or possess in any park or recreational area any fireworks, explosives, or firecrackers unless such use has been approved with special written permission granted by the Mayor and Council of the City of McDonough. It shall also be unlawful for any person to use or possess in any park or recreational area any bows and arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means, unless the device is unloaded and stored so as not to be readily accessible. This prohibition shall not apply to firearms, as that term is defined by O.C.G.A. Section 16-11-171.
McDUFFIE, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
MCINTOSH COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
CODE OF ORDINANCES County of MERIWETHER, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
METTER, GEORGIA
9.04.040 Discharging air rifles
CH-9.04.040
9.04.040 Discharging air rifles or BB guns.
A.
It is unlawful for any person to shoot or discharge any BB gun or air rifle in the city, except on his own property or property of another with consent of the owner, or property of his parent or guardian if a minor, and then only in such a manner that the projectiles will not be propelled onto adjacent or other property, and that harm will not be done to anyone, or anyone’s property.
B.
Parents and guardians will be held responsible for acts of their children seventeen (17) years of age and under.
C.
The mayor or chief of police shall have the authority to make special exceptions to this section as they might deem necessary.
(Prior code § 13-11)
MILLEDGEVILLE, GEORGIA
Sec. 62-7. – Discharging firearms.
(a)
It shall be unlawful for any person to fire or discharge guns, pistols, rifles and other firearms, including, but not limited to, air rifles and pellet guns, within the limits of the city.
(b)
This section is not intended to prohibit the discharging of firearms when the same is done in a bona fide effort to protect person or property.
(Code 1986, § 14-8)
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21.
MILLEN, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21.
MILTON, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21.
MITCHELL COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21.
MONROE, GEORGIA
Sec. 62-5. – Discharge of weapons in city.
It shall be unlawful for any person to discharge a firearm, including pistol, rifle and shotgun, or to shoot an air gun, including BB gun and pellet gun, within the city, except by law enforcement officers in the line of duty, and the military when on drill or parade, in theatrical productions or at a funeral in honor of the dead; provided that nuisance birds or squirrels may be shot within the city with the prior written permission of the chief of police.
MONTEZUMA, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21.
MONTICELLO, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21.
MORGAN COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21.
MORROW, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21.
MOULTRIE, GEORGIA
Sec. 74-28. – Weapons
concealed weapon.
(c)
Discharging. It shall be unlawful for any person other than law enforcement officers in actual discharge of their duties as such or persons in actual defense of life, limb, or property of themselves or others under their lawful protection to discharge any sort of gun, pistol, rifle, or other firearm, or BB gun or air gun or spring gun, within the corporate limits of the city, whether the same is loaded with bullet, shot, shell, missile, or a mere explosive blank cartridge, shell, or other explosive device. It shall be unlawful for any person to discharge any firearm, including air powered firearms, in the corporate limits of the city and upon any lands now owned by said city, as aforesaid, if any such person shall first obtain permission to do so from the governing officials of said city.
(Code 1967, § 18-28)
MOUNT AIRY, GEORGIA
Sec. 32-159. – Discharge of weapons.
It shall be unlawful for any person to fire a gun, rifle, pistol, revolver, cannon, air rifle, or firearm of any type or shoot a slingshot or bow and arrow within the incorporated area of the town, within 1,500 feet of any residence, place of worship, business or public meeting place. This section shall not apply to any law enforcement officer while in the discharge of official duties, nor to any person hunting upon such person’s premises or the premises of another with the owner’s consent in that area of the town zoned for agriculture by a zoning ordinance, order or resolution of the town council, nor to any person or group of persons who has first obtained the written permission for this from the police chief. Permission will be granted upon a showing that the public safety will not be endangered.
(Ord. of 2-5-2001, art. IV, § 4)
MOUNTAIN PARK, GEORGIA
Sec. 38-5. – Weapons; discharge in city.
It shall be unlawful for any person to discharge a firearm, including pistol, rifle and shotgun, or to shoot an air gun, including BB gun and pellet gun, within the city, except by law enforcement officers in the line of duty, and the military when on drill or parade, or at a funeral in honor of the dead; provided, however, that it shall not be unlawful for any person to shoot a BB and/or pellet gun upon private property if that person shall have first obtained the express permission of the owner of that property to do so. This exception on private property shall not apply when the BB gun and/or pellet gun is discharged in such a manner that the projectile is intended or in fact does so leave the private property.
(Code 1982, § 9-1-5)
For the purpose of this section, words and terms are defined as follows:
(5)
Weapon shall mean:
a. Firearms of all sizes, makes and types;
b. Guns or devices which discharge projectiles by spring under tension, by compressed air or gas, or by any other means, including but not limited to BB guns, air guns, and pellet guns;
MURRAY COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21.
NASHVILLE, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21.
NELSON, GEORGIA
Sec. 38-5. – Discharging BB and other similar guns.
It shall be unlawful for any person to shoot BB guns, pellet guns, air guns, parlor rifles or rubber rifles in the city without the consent of the chief of police.
NEWNAN, GEORGIA
Sec. 14-64. – Weapons.
(c)
Discharging firearms. It shall be unlawful for any person to discharge a gun or pistol in the city, except a duly licensed gunsmith may test fire firearms in a specific facility approved for safety annually by the chief of police.
(Code 1972, § 16-20)
State law reference— Dangerous instrumentalities and practices, O.C.G.A. § 16-11-100 et seq.; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.
Sec. 14-65. – Use of air guns, bow and arrow, etc.
It shall be unlawful for any person to fire or use any air rifle, pellet rifle, BB gun, bow and arrows or slingshot.
(Code 1972, § 16-15)
NORCROSS, GEORGIA
Chapter 30 PARKS AND RECREATION
Weapon means firearm, rifle, pistol, revolver, paintball gun, or any weapon designed or intended to propel a shot, bullet, or other missile of any kind, or any device capable of discharging a projectile by air, spirit, gas or explosive, or any explosive substance or harmful solid, liquid and gaseous substance, or any spear, arrow, bow and arrow, slingshot, crossbow, spear or spear gun, or any dirk, Bowie knife, switchblade knife, ballistic knife, or any other knife, straight-edged razor, spring stick, metal knuckles, blackjack, any bat, club or other bludgeon-type weapon, or any flailing instrument or any disk which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun, taser or similar device.
(Ord. No. 05-2011, 7-12-2011) *Citation needed for “air guns”.
OAKWOOD, GEORGIA
Sec. 32-20. – Enforcement.
This article shall be enforced by any authorized law enforcement officer of the city. Where there has been a violation of any provision of this article, the law enforcement officer, in his discretion, may issue a warning ticket to the person violating these provisions rather than arresting the offender.
(Ord. No. 283, § 4, 8-11-1997)
Sec. 32-21. – Compliance with rules and regulations.
(a)
It shall be unlawful for any person to violate any rules or regulation relating to the use of recreation facilities where such rules and regulations have been approved and adopted.
Sec. 32-19. – Definitions.
Weapon means pistol, firearm, rifle, hatchet, axe, shotgun, air gun, slingshot or other similar device.
(Ord. No. 283, § 3, 8-11-1997)
OCONEE COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21.
OGLETHORPE, GEORGIA
Sec. 24-4. – Discharging or possessing firearms, other weapons.
It shall be unlawful for any person to discharge any firearm or gun, including an air rifle. The provisions of this section shall not apply to:
(1)
Law enforcement officers, members of the Armed Forces of the United States or the National Guard, while performing official duties.
(2)
Persons exercising their legal rights of self-defense or defense of others.
(Code 1986, § 14-9)
PALMETTO, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21.
County of PAULDING, GEORGIA
Sec. 50-8. – Firearms and dangerous weapons.
Except as may be authorized by state or federal laws, no person shall have in his possession while on park property a revolver, pistol, shotgun, rifle, air rifle, air gun, paint ball gun, or any gun or bow or other weapons that discharge projectiles, either by air, explosive substance, or any other force. No person shall discharge or set off anywhere on park property any explosive, revolver, pistol, shotgun, rifle, air gun or any bow or other weapons that discharge projectiles, either by air, explosive substance, or any other force.
Provided however, the following shall be deemed exceptions to this section:
(1)
Any discharge of firearms in areas so designed and designated for the purpose of rifle and pistol range shooting;
(2)
The use of bow and arrow in areas designed and designated for the purpose of archery target practice.
(Res. No. 04-07, § 1, 2-10-04)
County of PEACH, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21.
PEACHTREE CITY, GEORGIA
Sec. 50-19. Discharging weapons restricted.
(a)
No firearms, including air rifles and pellet guns, are to be discharged within the city limits except as specified in subsections (a)(1) and (2):
(1)
The discharge of firearms is permitted in the act of self-defense or the protection of private property.
(2)
The discharge of firearms is permitted in areas designated by the city council as firing ranges. Such firing range must be designated by means of permit issued by the city council. A permit will be issued only after the applicant has provided satisfactory evidence, in writing, that all safety aspects pertaining to the range and its operation have been assured. Continued compliance with these safety aspects is a necessary condition for the permit and hence, the designation to remain valid.
PERRY, GEORGIA
Sec. 20-39. – Firearms; weapons; tools.
It shall be unlawful for any person to bring into or have in his possession at or around any pond area:
(1)Any pistol or revolver or objects upon which loaded or blank cartridges may be used.
(2)Any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow, or other weapon in which the propelling force is gunpowder, a spring or air.
(Ord. No. 95-14, 7-18-95)
Sec. 17-52. – Weapons.
(a)No person shall shoot any firearms in the city, unless it be in a licensed shooting gallery, or by permission of the chief of police. The subsection does not prohibit persons from exercising the right of self-defense, defense of others or defense of property.
(b)It shall be unlawful for any person within the city to use any Alabama slings, or other sling, or instrument for throwing projectiles; or to throw any stone or other missile from such sling or instrument, or by the hand, in the city, and it shall be unlawful for any person to use or shoot an air gun or other gun of like character in the city.
(Code 1966, §§ 12-31, 12-32)
State law reference— Misdemeanor offenses of discharging firearm on or near public street (O.C.G.A. § 16-11-103) and discharging a firearm on property of another (O.C.G.A. § 16-11-104).
County of PICKENS, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21.
PIERCE COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21.
PINE LAKE, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
POLK COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
POOLER, GEORGIA
Sec. 54-4. Discharge of weapons.
It shall be unlawful for any person to fire a gun, pistol or other firearm, or fire or discharge any air gun, commonly known as a BB gun, in the city.
(Code 1976, § 13-8)
State law reference— Discharge of firearm near public highway or street, O.C.G.A. § 16-11-103; discharge of firearm on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.
PORT WENTWORTH, GEORGIA
Sec. 15-5. Discharging firearms, BB guns, etc.
(a)
It shall be unlawful for any person to shoot or discharge within the corporate limits of the City of Port Wentworth any BB guns, air rifles, air pistols, gas-operated air pellet guns, or such devices which are capable of causing injury to persons or damage to property. The restrictions of this paragraph shall not apply to areas within the corporate limits of the city which are zoned agricultural pursuant to the restrictions outlined in paragraph (b) herein.
(b)
It shall be unlawful for any person to discharge any firearm in any area of the city except in those areas zoned agricultural. It shall be unlawful for any person to discharge any firearm in an agricultural zone within the corporate limits of the city within one hundred fifty (150) feet of any road, highway, commercial building, storage building or residence. No firearm shall be pointed at or toward any person or any domesticated animal. Any person violating any of the provisions of this section shall, upon conviction before the recorder’s court or other court having jurisdiction thereof, be fined an amount up to but not exceeding five hundred dollars ($500.00).
(c)
The provisions of this section shall not apply to police officers engaged in the performance of their duties or to persons exercising their legal right of self-defense.
(Ord. No. 65-5, § 1, 8-26-65; Ord. No. 89-16, 9-28-89)
POWDER SPRINGS, GEORGIA
Sec. 13-25. Weapons—Discharge of guns.
No person shall fire a gun, pistol, or other firearm, or fire or discharge any air gun, commonly known as a BB gun.
(Code 1972, § 6-109)
Cross reference— Sale of weapons by pawnbroker, § 12-42.
State law reference— Possession of weapons, O.C.G.A. § 16-11-120 et seq.
County of PUTNAM, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
QUITMAN, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
RABUN COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
Sec. 24-8. – Weapons; discharge in city.
It is unlawful for any person to discharge a firearm, including pistol, rifle and shotgun, or to shoot an air gun, including BB gun and pellet gun, within the city, except by law enforcement officers in the line of duty, and the military when on drill or parade, or at a funeral in honor of the dead; provided, however, it shall not be unlawful for any person to shoot a BB gun upon private property if that person shall have first obtained the express permission of the owner of that property to do so.
(Code 1989, § 9-1-6)
State law reference— Discharge of firearms, O.C.G.A. §§ 16-11-103, 16-11-104.
RICEBORO, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
RICHMOND HILL, GEORGIA
It will be unlawful to discharge any firearm BB gun …, or any toy gun …, projecting lead or any missile, within city limits.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
RINCON, GEORGIA
Sec. 54-1. – Firearms and pellet guns.
It shall be unlawful for any person, except a law enforcement officer in the performance of his duties, or any individual in a licensed shooting range, to fire or discharge any gun, pistol or other firearm, or discharge any air gun, commonly known as a BB gun or pellet gun, in the city limits. All shooting ranges must meet the requirements of OSHA, the National Rifle Association, city chief of police and the building official prior to the issuance of a license for a shooting range.
(Ord. No. 90-008, § 10-106, 6-25-90)
State law reference— Discharge of firearm near public highway or street, O.C.G.A. § 16-11-103; discharge of firearm on property of another, O.C.G.A. § 16-11-104; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.
RINGGOLD, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
RIVERDALE, GEORGIA
Sec. 50-8. – Weapons—Discharging.
(a)
Firearms. It shall be unlawful to fire, discharge or shoot any gun, pistol or other firearm within the city unless it be in a regularly licensed shooting gallery or in actual defense of self, habitation or property.
(b)
Other weapons. It shall be unlawful for any person to use, discharge or shoot any slingshot, bow and arrow, air rifle or guns discharged by the forcing of air, gas, pressure or any other manner within the city.
(Code 1976, § 13-29)
State law reference— Discharge of firearm near public highway or street, O.C.G.A. § 16-11-103; discharge of firearm on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.
ROCKDALE COUNTY, GEORGIA
Sec. 42-79. Weapons; discharge.
(a)
It shall be unlawful for any person to fire a shotgun, pellet gun or BB gun within the unincorporated area of the county within 150 feet of any residence, place of worship, business or public meeting place or roadway.
ROME, GEORGIA
Sec. 11-507. Prohibited conduct during assemblies.
(3)
No person shall carry or possess glass bottles, glass jars, glass containers of any kind, bricks, stones, rocks, pieces of asphalt, or concrete, or any other type of weapon, including but not limited to: any air rifle, air pistol, paintball gun, paintball rifle, explosive, blasting cap, knife, hatchet, ax, slingshot, blackjack, metal knuckles, mace, iron buckle, ax handle, chains, crowbar, hammer, or any club, bludgeon or any other instrumentality used, or intended to be used, as a dangerous weapon.
Sec. 14-16. Slingshots and air rifles; use prohibited.
It shall not be lawful for any person within the limits of this city to use any Alabama slings or other sling or instrument for throwing projectiles; nor to throw any stone or other missile from the sling or instrument or by the hand in the city, nor shall it be lawful for any person to use or shoot an air gun or other gun of like character in the city.
(Code 1959, § 20-32; Code 1981, § 11-1019)
ROSWELL, GEORGIA
Section 13.1.3 – Discharge of Weapons.
(a)
It shall be unlawful to discharge any firearm, air gun, BB gun, bow, or crossbow projecting lead or any missile, except as authorized by permit secured from the city administrator or his designee. The city administrator or his/her designee shall issue permits for the discharge of firearms, air guns, BB guns, bows or crossbows as to ensure the safety of the public. This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, nor any citizen from discharging a weapon when lawfully defending person or property.
(b)
In order to obtain a permit to discharge a firearm within the City of Roswell, such activity shall be conducted wholly within an approved and permitted indoor firing range.
(c)
In order to obtain a permit to discharge an air gun, BB gun, bow or crossbow within the City of Roswell, such activity shall meet at a minimum the following criteria:
(1)
A sufficient backstop must be provided to prohibit the projectile from leaving the property. A projectile entering a neighboring property as a result of the discharge is prima facie evidence of a violation of this section.
(2)
The target or any piece of the target is prohibited from unreasonably leaving the property as a result of the discharge.
(3)
The discharge of the weapon must be on the applicant’s own land or the applicant must have express written permission of the property’s owner to discharge such a weapon on the property of another.
(4)
If discharging a weapon within one hundred fifty (150) feet from a property line, any such discharge shall be toward the interior of the parcel upon which the discharge is occurring.
(5)
All applicants must have taken and passed a state approved safety course, or obtained certification in the safe discharge of weapons, or show specific proof of training in the safe discharge of weapons.
(6)
No permit shall be obtained by a person under the age of eighteen (18), provided however, that this provision shall not prohibit a person under the age of eighteen (18) from the discharge of a permitted weapon if accompanied by and under the direct supervision of a permitted adult.
(7)
Upon request by an officer or other authorized official, a permit shall be available and be presented. Failure to timely provide such permit shall be a violation of this section.
(8)
The discharge of a weapon must be on properties specified in such permit.
(9)
The city administrator shall be authorized to obtain any other information deemed appropriate in the issuance of a permit.
(d)
Any person discharging a firearm, air gun, BB gun, bow or crossbow within the City of Roswell in violation of this ordinance or any person discharging a firearm, air gun, BB gun, bow or crossbow without a permit or in violation of the permit criteria shall be punished as set forth in section 1.1.3 of this Code, shall have an issued permit automatically revoked and shall not be eligible for a permit to discharge a weapon within the City of Roswell for a period of five (5) years.
(2005-08-11, Amended, 08/15/2005)
RUTLEDGE, GEORGIA
Sec. 28-2. – Discharging firearms, air-guns, etc.
(a)
It shall be unlawful for any person in the city to discharge any gun, pistol, or other firearm within 350 yards of any street, alley, or building, or at any point upon the land of another person without the express consent of the owner or occupant thereof.
(b)
This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, nor to prohibit any citizen from discharging a firearm when lawfully defending person or property.
(Code 1994, § 31-102)
Sec. 30-1. – Regulations governing use of public parks and facilities.
(a)
Use of grounds and facilities in general. Each person using the public parks and grounds shall clean up all debris, extinguish all fires when such fires are permitted, and leave the premises in good order and the facilities in a neat and sanitary condition.
(b)
Prohibited acts. It shall be unlawful for any person using such parks, grounds, or facilities to either perform or permit to be performed any of the following acts:
(13)
To possess or use any fireworks, explosives, firecrackers, firearms, bows and arrows, spring guns, air rifles, slingshots, or any device which discharges projectiles by any means; and
(14)
To refuse to cease a violation after notice.
SANDERSVILLE, GEORGIA
Sec. 11-1-8 – Discharging firearms.
It shall be unlawful for any person to discharge any gun, pistol or other firearm or any air gun, or rifle within the City except in cases of military parade, defense of habitation or property or with a special permit approved by the Chief of Police.
SANDY SPRINGS, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
SAVANNAH, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
County of SCREVEN, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
SEMINOLE COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
SENOIA, GEORGIA
Sec. 46-3. – Unlawful discharge of weapon.
(a)It shall be unlawful for any person to discharge a firearm in the city except as allowed under section 46-4
(b)It shall be unlawful for any person to fire or use any air rifle, pellet rifle, BB gun, bow and arrows or slingshot except as allowed under section 46-4
(Code 1980, § 9-1-5)
SMYRNA, GEORGIA
Sec. 66-1. – Air rifles, pellet guns, crossbows, slingshots or any similar devices prohibited.
No person shall discharge any air rifle, pellet gun, crossbow, slingshot or similar type device within the city. The provisions of this section shall not apply to:
(1)Persons who discharge one of these devices in defense of person or property;
(2)Law enforcement officers in the performance of official duties;
(3)Military forces of this state or the United States in the performance of official duties;
(4)Persons who discharge one of these devices at a supervised and licensed firing range open for public use or at a firing range approved by the chief of police and supervised by law enforcement personnel;
(5)Persons discharging such a device in a play or for the purpose of providing entertainment for the public or for the purpose of recreating a historical event for the public;
(6)Persons acting as official starters at any organized sporting event where such a device is used as a signal.
(Code 1977, § 15-2)
SNELLVILLE, GEORGIA
Sec. 38-1. – Discharging firearms.
(a)
It shall be unlawful for any person in the city to discharge any gun, pistol or other firearm within 300 yards of any street, alley or building, or at any point upon the land of another person without the express consent of the owner or occupant thereof, or to discharge, at any time, any air gun, BB gun or otherwise project any missile or stone rock at any person.
(b)
This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, nor any citizen from discharging a firearm when lawfully defending person or property.
(Code 1977, § 31-102)
County of SPALDING, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
SPRINGFIELD, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
ST. MARYS, GEORGIA
Sec. 70-10. – Discharge of weapons within city limits.
It shall be unlawful to discharge a firearm or air gun, BB gun, or zip gun within the city limits, except in a lawfully established firing range; provided, that this section shall not prohibit any duly sworn law enforcement officer from discharging a firearm in the performance of his duty, nor any citizen from discharging a firearm in defense of human life. As used in this section, the term “firearm” shall include, pistols, revolvers, rifles, shotguns, pellet guns, zip guns, and similar weapons. This section shall not prohibit the discharge of BB guns on one’s own property.
(Ord. of 8-11-81(1))
State law reference— Discharge of firearm near public highway or street, O.C.G.A. § 16-11-103; discharge of firearm on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105.
STATESBORO, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
STEPHENS COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
STOCKBRODGE, GEORGIA
“Weapon” means firearm, rifle, pistol, revolver, BB gun, paintball gun, cannon, or any weapon designed or intended to propel a shot, bullet or other missile of any kind, or any device capable of discharging a projectile by air, spirit, gas or explosive, or any kind of explosive substance or harmful solid, liquid and gaseous substance, or any spear, spear gun, arrow, bow and arrow, slingshot, crossbow, compound bow, longbow, recurve bow, dirk, Bowie knife, switchblade, knife, ballistic knife, or any other knife, straight-edged razor, spring stick, metal knuckles, blackjack, bat, club or other bludgeon-type weapon, any flailing instrument or any disk which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kin, and any stun gun, taster or similar device.
(Ord. 07-187 § 1 (part), 2007)
4.30.050 Unlawful discharge of weapon.
A.
It is unlawful for any person to discharge, shoot or fire a firearm, rifle, pistol, revolver, cannon, air rifle, pellet rifle, BB gun, or similar weapon within the city except as allowed under Section 4.30.060
B.
It is unlawful for any person to discharge or shoot a slingshot or bow of any type within the city except as allowed under Section 4.30.060
(Ord. 07-187 § 1 (part), 2007)
STONE MOUNTAIN, GEORGIA
Sec. 19-11. Firearms; firecrackers; air guns; slingshots; explosives; destructive substances; dangerous missiles.
It shall be unlawful for any person to handle or discharge any firearm, firecracker, air gun, slingshot or other explosive, noisy or destructive article or substance, or throw any stone or other missile in, about or across any of the parks belonging to or in the care of the city. This section shall not prohibit law enforcement officers from using firearms or other weapons in the performance of their duty.
(Ord. No. 2011-03, 5-3-11)
Sec. 17-8. Discharging firearms.
It shall be unlawful for any person to discharge any air rifle or firearm, such as pistols, shot guns, rifles, machine guns, dynamite caps, cannons, artillery, or other explosives within the corporate limits of the city unless: in defense of person, or habitation; by an officer engaged in the discharge of his official duties; by person or persons engaged in military duties including military burials; or the discharge of small arms (pistols or rifles only) as part of a permitted ceremonial event.
(Code 1976, § 10-1014; Ord. No. 2010-09, 8-3-10)
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.
SUMTER COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
SUWANEE, GEORGIA
ARTICLE II. – REGULATION OF PARKS
Weapon means firearm, rifle, pistol, revolver, pellet gun, bb gun or any weapon designed or intended to propel a shot, bullet, or other missile of any kind, or any device capable of discharging a projectile by air, spirit, gas or explosive, or any explosive substance or harmful solid, liquid, and gaseous substance, or any spear, arrow, bow and arrow, slingshot, crossbow, spear or spear gun, or an dirk, Bowie knife, switchblade knife, ballistic knife, or any other knife, straight-edged razor, spring stick, metal knuckles, blackjack, club or other bludgeon-type weapon, or any flailing instrument or any disk which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun, taser or similar device.
(Ord. of 11-18-2003, § 4.1)
SYLVANIA, GEORGIA
Sec. 50-14. Use of weapons by minors.
(a)
No minor shall discharge any gun, pistol, air rifle, BB gun, pellet gun, or any other weapons of like nature in the city.
(b)
Once a minor has been charged with a violation of subsection (a), the subject weapon or weapons shall be confiscated by law enforcement officials pending trial.
(c)
Any adult who shall intentionally or negligently encourage or acquiesce in the violation of subsection (a) shall be subject in the penalties set out in section 1-12 upon conviction.
(Code 1976, § 10-1013; Ord. No. 247, 1-22-85)
SYLVESTER, GEORGIA
Sec. 70-4. – Discharge of firearms.
It shall be unlawful for any person to fire a gun, pistol or any other firearms within the city, except that this prohibition shall not apply to military companies on drill or parade or at a funeral.
(Code 1965, § 16-6)
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.
Sec. 70-5. – Slingshots, air guns and similar devices.
No person shall be allowed to shoot a slingshot, Alabama sling, crossbow, air gun or blow gun, or any similar instrument that is dangerous within the city.
(Code 1965, § 16-13)
TEMPLE, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
THOMAS COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
THOMSON, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
TIFT COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
TIFTON, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
TOCCOA, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
TROUP COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
TY TY, GEORGIA
Sec. 22-49. – Purpose.
These regulations and restrictions are imposed and designed for the protection of the public health, safety, and welfare of the citizens of the city. It is the further purpose of this article to establish that the offenses listed herein will constitute a nuisance, a threat to the morals, or an interference with the rights of others located within the confines of the city.
(Ord. No. 1997-6, § 3, 8-4-1997)
Sec. 22-50. – Regulations and restrictions.
It shall be unlawful and a violation of this article for a person to violate any of the following provisions:
(7)
Firearms. It shall be unlawful for any person to shoot any type of firearm or gun, including a pellet gun or BB gun, in the city.
(Ord. No. 1997-6, § 4, 8-4-1997)
TYBEE ISLAND, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
TYRONE, GEORGIA
Sec. 28-50. – Weapons; discharge in town.
(a)
It shall be unlawful for any person to discharge a firearm, including pistol, rifle and shotgun, or to shoot an air gun, including BB gun and pellet gun, within the town, except by law enforcement officers in the line of duty, and the military when on drill or parade, or at a funeral in honor of the dead; provided, however, it shall not be unlawful for any person to shoot a BB gun upon private property if that person shall have first obtained the express permission of the owner of that property to do so.
(b)
An exception to this section shall be the allowing of turkey shoots, shooting galleries, and other similar shooting events; provided that the chief of police approves and authorizes such ranges and inspects or causes to be inspected every such range at all such times as may be necessary to insure proper supervision, orderliness, use of only authorized weapons, and freedom from loud and unnecessary noises.
(c)
Nothing in this section abridges the right of self-defense or defense of others.
(Code 1984, § 9-1-9; Ord. No. 123, 8-27-1986)
State law reference— Local regulation of firearms, O.C.G.A. § 16-11-173; firearms generally, O.C.G.A. § 16-11-125.1 et seq.
UNADILLA, GEORGIA
Sec. 42-7. – Discharging firearms; air guns, etc.
(a)
Prohibited generally. It shall be unlawful for any person in the city to discharge any gun, pistol, air gun, or other such weapon projecting lead or any other missile within 300 yards of any street, alley, or building, or at any point upon the land of another person without the express consent of the owner or occupant thereof.
(b)
Application to law officers. This section shall not be construed to prohibit any officer of the law from discharging a firearm when lawfully defending person or property.
(Prior Code, § 11-6)
State law reference— Discharge of firearm near public highway or street, O.C.G.A. § 16-11-103; discharge of firearm on property of another, § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105.
County of GEORGETOWN-QUITMAN, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
UNION CITY, GEORGIA
Sec. 10-23. – Weapons—Discharging.
(a)
Firearms. It shall be unlawful to fire, discharge or shoot any gun, pistol or other firearm within the city, unless it be in a regularly licensed shooting gallery, or in actual defense of self, habitation or property.
(b)
Other weapons. It shall be unlawful for any person to shoot an air rifle, BB gun, bow and arrow, crossbow or similar device or to use slingshots in the city.
(Code 1976, § 14-124)
Charter reference— Authority to regulate the use of firearms, § 1-103.
County of UNION, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
UNION POINT, GEORGIA
Sec. 50-2. – Discharging firearms, air guns. etc.
(a)
It shall be unlawful for any person in the city to discharge any gun, pistol, or other firearm in the city or to discharge any air gun, BB gun, or other toy gun which projects lead or any other missile.
(b)
This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, nor to prohibit any citizen from discharging a firearm when lawfully defending person or property.
(Code 1982, § 16-102)
VALDOSTA, GEORGIA
Sec. 74-4. – Possession, use of weapons.
It shall be unlawful for any person to possess while on city park property a revolver, pistol, shotgun, rifle, air rifle, air gun, or any gun or bow or other weapon that discharges projectiles either by air, explosive substance or any other force. No person shall discharge or set off anywhere on park property any explosive, revolver, pistol, shotgun, rifle, air rifle, bow, or other weapon that discharges projectiles either by air, explosive substance or any other force.
(Code 1976, § 6-1001(4); Ord. No. 95-37, 11-9-1995)
Sec. 70-7. – Slingshots; bows and arrows; rifles.
It shall be unlawful for any person to use, discharge or shoot any slingshot, air rifle or guns discharged by forcing of air, gas, pressure or any other manner, or bow and arrow in the corporate limits of the city.
(Code 1976, § 11-1012)
VIDALIA, GEORGIA
Sec. 13-7. – Weapons—Discharge in residential areas or business district.
It shall be unlawful for any person to discharge firearms or other weapons, which include BB guns and pellet guns, within residential areas or the business districts.
(Code 1968, § 13-15.1)
State law reference— Discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge near street, O.C.G.A. § 16-11-103.
VIENNA, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
WALESKA, GEORGIA
Sec. 16-50. Weapons; discharge in city.
It shall be unlawful for any person to discharge a firearm, including pistol, rifle, and shotgun, or to shoot an air gun, including BB gun and pellet gun, within the city, except by law enforcement officers in the line of duty, and the military when on drill or parade, or at a funeral in honor of the dead; provided, however, it shall not be unlawful for any person to shoot a BB gun upon private property, if that person shall have first obtained the express permission of the owner of that property to do so.
(Code 1986, § 9-1-6)
WALKER COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
WALTHOURVILLE, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
County of WALTON, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
County of WARE, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
WARNER ROBINS, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
WASHINGTON, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
WAYCROSS, GEORGIA
Sec. 22-25. Slingshots, air rifles and bows and arrows.
Except when authorized by the city manager or the chief of police for a public purpose or purposes, it shall be unlawful for any person to use a slingshot, air rifle, pellet gun, pellet pistol, or bow and arrow within the corporate limits of the city, provided that this prohibition shall not apply to licensed shooting or archery galleries or ranges under circumstances when such instruments can be fired, discharged or operated in such a manner as not to endanger persons or property, and also in such manner as to prevent the projectile from traversing any ground or space outside the limits of such gallery or range.
(Code 1952, Ch. 15, § 44; Ord. No. 82-11, § 1, 5-3-82; Ord. No. 96-16, § 3, 6-4-96)
UNIFIED GOVERNMENT OF WEBSTER COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
WEST POINT, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
County of WHITE, GEORGIA
Sec. 46-153. Reasons for disciplinary action.
Any of the following violations are sufficient grounds for disciplinary action ranging from oral reprimand to dismissal, depending on the seriousness of the offense and other circumstances related to the situation. These offenses are illustrative and are not all-inclusive.
(20)
Possession of firearms or other dangerous weapons in an official county vehicle.
a.
Firearms or other dangerous weapons shall include, at a minimum:
1.
Pistols, revolvers, shotguns, rifles, etc.;
7.
Air guns, pellet guns and blow guns;
WHITFIELD COUNTY, GEORGIA
No listed air gun ordinances. *(State laws may apply throughout County).
State law reference— Discharge of gun or pistol near public highway or street, O.C.G.A. § 26-11-103; discharge of firearms on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.; regulation of blasting operations, O.C.G.A. § 25-8-1 et seq.; regulation of fireworks, O.C.G.A. § 25-10-1 et seq.
State law reference— Discharge of firearms, O.C.G.A. § 16-11-103 et seq.; use of force in defense of self or others, O.C.G.A. § 16-3-21
WINDER, GEORGIA
Sec. 16-21. Discharge of firearms, similar devices—Generally.
(a)
When discharge prohibited. It is prohibited to discharge a firearm, including shotguns, rifles, pistols or other similar devices discharging projectiles, within any residential, commercial, exhibition, TNPD or professional zone, either upon private or public property.
(b)
When discharge allowed. It is permitted to discharge a firearm within an agricultural or industrial zone on private property, with the property owner’s permission, provided the person discharging the firearm is more than three hundred (300) feet from any property line, public road right-of-way, or occupied building and said property is greater than five (5) acres. It is also permitted to discharge a firearm within a shooting range properly permitted by the city. Air rifles, such as BB guns, pellet guns and air soft guns may be used in any zone but only under the direct supervision of an adult eighteen (18) or more years of age.
(c)
Time. Notwithstanding the provisions of subsection (b), it shall be unlawful to discharge a firearm between the hours of 9:00 p.m. and 6:00 a.m.
(d)
Exceptions. Restrictions on the discharge of firearms in this Code section shall not apply to persons acting in self-defense or the defense of other as allowed by state law nor to law enforcement officers acting in the line of duty.
(Code 1968, § 17-44; Ord. (W-9-12) of 8-14-12)
Charter reference— Power of city to regulate the use of firearms, § 1-3(11).
State law reference— Discharge of firearms on property of another, Ga. Code Ann., § 16-11-104; discharging firearm on Sunday, § 16-11-105; use of force in defense of self or others, § 16-3-21.
WOODSTOCK, GEORGIA
Sec. 58-43. Slingshots, air rifles, paintball guns and bows and arrows.\
It shall be unlawful for any person to project an object or cause an object to be projected from any slingshot, air rifle (BB gun, pellet gun, paintball gun, etc.) or bow and arrow within the corporate limits of the city, except as follows:
(1)
If the person is operating the slingshot, air rifle, paintball gun or bow and arrow on the premises of a licensed shooting or archery gallery or range under such circumstances that such instruments can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such gallery or range;
(2)
If the person is using the slingshot, air rifle, paintball gun or bow and arrow on his own property in such a manner as to prevent any projectile emanating therefrom from leaving that person’s property. For the purposes of ownership, all members of a person’s family and all invited guests shall be deemed to be owners.
(Code 1989, § 11-1-14; Ord. No. 96-08-27, 8-27-1996; Ord. No. 02-03-26, 3-26-2002)
HAWAII-
Hawaii prohibits any person, including licensed manufacturers, licensed importers, and licensed dealers, from possessing, selling, gifting, or delivering electric guns.1 “Electric gun” is defined under state law to mean “any portable device that is electrically operated to project a missile or electromotive force.” The following persons are not prohibited from carrying electric guns:
•Law enforcement officers;
•Conservation and resource management officers;
•Members of the Army or Air National Guard; or
•Vendors to any of these listed individuals, provided certain conditions are met.
Electric guns possessed in violation of the law shall be confiscated.
Hawaii law does not prohibit other types of non-powder guns.
Haw. Rev. Stat. Ann. § 134-16 (c).
Haw. Rev. Stat. Ann. § 134-16 (b).
- Haw. Rev. Stat. Ann. § 134-16 (a).
§134-16 Restriction on possession, sale, gift, or delivery of electric guns. (a) It shall be unlawful for any person, including a licensed manufacturer, licensed importer, or licensed dealer, to possess, offer for sale, hold for sale, sell, give, lend, or deliver any electric gun.
(b) Any electric gun possessed, offered for sale, held for sale, sold, given, lent, or delivered in violation of subsection (a) shall be confiscated and disposed of by the chief of police.
(c) This section shall not apply to:
(1) Law enforcement officers of county police departments;
(2) Law enforcement officers of the department of public safety;
(3) Conservation and resources enforcement officers of the department of land and natural resources;
(4) Members of the army or air national guard when assisting civil authorities in disaster relief, civil defense, or law enforcement functions, subject to the requirements of section 121-34.5; and
(5) Vendors providing electric guns to the individuals described in paragraphs (1) through (4);
provided that electric guns shall at all times remain in the custody and control of the law enforcement officers of the county police departments, the law enforcement officers of the department of public safety, the conservation and resources enforcement officers of the department of land and natural resources, or the members of the army or air national guard.
(d) The county police departments of this State, the department of public safety, the department of land and natural resources, and the army and air national guard shall maintain records regarding every electric gun in their custody and control. The records shall report every instance of usage of the electric guns; in particular, records shall be maintained in a similar manner as for those of discharging of firearms. The county police departments, the department of public safety, the department of land and natural resources, and the army and air national guard shall annually report to the legislature regarding these records no later than twenty days before the beginning of each regular session of the legislature.
(e) The department of land and natural resources and the department of public safety shall ensure that each of its conservation and resources enforcement officers and law enforcement officers who is authorized to use an electric gun and related equipment shall first receive training from the manufacturer or from a manufacturer-approved training program, as well as by manufacturer-certified or approved instructors in the use of electric guns prior to deployment of the electric guns and related equipment in public. Training for conservation and resources enforcement officers of the department of land and natural resources and law enforcement officers of the department of public safety may be done concurrently to ensure cost savings.
(f) No later than June 30, 2018, the conservation and resources enforcement program of the department of land and natural resources shall meet the law enforcement accreditation or recognition standards of the Commission on Accreditation for Law Enforcement Agencies, Inc., in the use of electric guns. [L 1988, c 275, pt of §2; am L 2001, c 252, §3; am L 2002, c 16, §5; am L 2010, c 131, §1; am L 2011, c 144, §3; am L 2012, c 148, §1]
Maui County,
Chapter 9.28 AIR GUNS
9.28.010 Defined.
As used in this chapter, “air gun” means any weapon using compressed air or gas as the propelling force to eject therefrom a projectile in the shape of a ball, pellet or rod of any type or material, or any weapon of similar design, nature or function, whether usable or unusable, serviceable or unserviceable, or modern or antique.
(Prior code § 22-10.1)
9.28.020 Use by minors.
A.
It is unlawful for any minor under the age of eighteen years to own, acquire by purchase, gift, or otherwise, possess, use, operate or play with an air gun; provided, however, any person under the age of eighteen years, while under the immediate supervision of an adult, may possess, use, operate, or play with an air gun; provided further that it is not lawful for any such person under the age of eighteen years, under any circumstances, to possess, use, operate or play with an air gun on any public highway, in any public park or playground, school premises, theaters, airports, harbors, piers, or any other place of public resort. “Place of public resort,” as used in this subsection shall not include a bona fide public target range.
B.
It is unlawful for any parent, guardian or any other person having the care, custody, or control of any minor under the age of eighteen years to permit such minor to own, acquire by purchase, gift or otherwise, possess, use, operate, or play with an air gun except as otherwise provided in subsection A of this section.
C.
Except as otherwise provided in this chapter, it is unlawful for any person to sell, transfer, or give an air gun to any minor under the age of eighteen years.
(Prior code §§ 22-10.2—22-10.4)
9.28.030 Sale of balls, pellets, or missiles.
It is unlawful for any person to sell to any minor under the age of eighteen years any ball, pellet, or any other missiles designed to be used for or by air guns.
(Prior code § 22-10.5)
9.28.040 Violation—Penalty.
Any person who violates any provision of this chapter shall, upon conviction, be punished by a fine not exceeding one hundred dollars.
(Prior code § 22-10.6)
Title 9 PUBLIC PEACE, MORALS AND WELFARE
13.04.040 General prohibitions applicable to all parks and recreation facilities
5.
Discharge firearms, air rifles, or spring guns, except at a range established and regulated for that specific purpose;
IDAHO-
Note: Idaho has no restriction or laws regulating the use of Air-guns.
BANNOCK COUNTY CODE
No Air gun laws or ordinances listed by County Code, “firearms” laws pertain also to air guns, however, you may wish to contact an attorney or State of Idaho legal branch to get more definitive answers to “air-gun” laws. Each town may also have its own adopted ordinances.
County of MADISON, IDAHO
No Local Air-gun ordinances listed. Refer to Idaho State Air-gun laws.
PRESTON MUNICIPAL CODE
No Local Air-gun ordinances listed. Refer to Idaho State Air-gun laws.
City of ST. ANTHONY, IDAHO
Chapter 9.08 – FIREARMS
9.08.020 – Discharge of firearms prohibited.
It is unlawful to discharge any firearm as defined in Section 9.08.010 within the corporate limits of the city; provided that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, nor prohibit any person from using a firearm in the lawful protection of his person or property.
9.08.010 – Definitions.
Whenever the word “firearms” is used in this chapter, the word means any instrument used in the propulsion of shot, shell, lead, bullets, rocks or other harmful objects by the action of gunpowder exploded within it, or by the action of compressed air within it, or by the power of springs, and included but not limited to what are commonly known as air rifles, BB guns, BB guns, slings, slingshots and flippers.
(Ord. 620 (part), 1976).
KUNA, IDAHO
CHAPTER 5 – DISCHARGE OF WEAPONS
SECTION:
10-5-1: – DISCHARGE OF WEAPONS:
10-5-1: – DISCHARGE OF WEAPONS:
A.
Definitions:
“Firearm” is any device, designed to be used as a weapon, from which a projectile is discharged through a barrel by the force of an explosive charge.
“Air gun” is any weapon that expels a projectile through the action of release of a pressurized gas, compressed air, expanding gas, or other force-producing means or method including, but not limited to, objects commonly referred to as air guns, air pistols, air rifles, “bb” guns, pellet guns, blow guns, air soft guns and paint ball guns.
B.
It shall be unlawful to discharge a firearm within city limits from a dwelling or vehicle or within any platted and developed subdivision or in a manner likely to cause damage to the property of another.
1.
This section shall not apply to firearms discharged at a regularly established shooting gallery or range licensed and authorized by Kuna City Code or by any law enforcement officer when discharging his/her firearm in the performance of his/her duty or when any citizen is discharging a firearm or other dangerous or deadly weapon when lawfully defending person or property.
C.
It shall unlawful to discharge any air gun upon or within the public right-of way, public parks and other public property and ways, or private property open to the public, except at a range established or approved by the City of Kuna.
A person who commits the crime of discharging a weapon is guilty of a misdemeanor and shall be punished in accordance with KCC 1-4-1.
Buhl,
4-3B-1: BB GUNS AND AIR GUNS:
A. Prohibited: It shall be unlawful for any person to fire or discharge any cannon, gun, fowling piece, pistol or firearm, of any description, or explode, or set off any combustible or explosive material within the city unless such activity is allowed as fireworks under title 2, chapter 4 of this code, or when the firing of said arms is with blanks at a parade, celebration, sporting event or theatrical performance.
D. Exemption: Authorized law enforcement officers acting within the scope of their line of duty, are exempt from this article. (1974 Code § 8-1203)
Burley,
10-4-1: WEAPONS:
1. No person shall discharge any firearm within the city of Burley with the exception of any employee or agent of the city of Burley or law enforcement officer, acting within the course and scope of their official duties, police or military salutes upon command from a proper military or police officer, or use as a starting, ending, or other signal at any organized sporting event recognized by a public school or the city of Burley.
Caldwell,
08-01-25: AIR GUNS, FIREARMS: (2) Concealed Weapons: It shall be unlawful for any person to carry concealed upon his person any brass knuckles, revolver, pistol, dagger, stiletto or other deadly weapon.
(3) Discharge Of Firearms Prohibited: It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the municipality; provided, however, that this shall not apply to police officers in the discharge of their duties.
(5) Police To Confiscate: Concealed weapons, when found, or firearms unlawfully discharged within the city limits shall be confiscated by the police department. (1962 Code, Sections 9-5-1 _ 9-5-5)
Cambridge:
No local Air-gun ordinances listed, refer to Idaho State Air-gun laws.
Coeur d’Alene,
9.52.020: DISCHARGE PROHIBITED: It is unlawful for any person to discharge, within the limits of the city, any “firearms”, as defined in section 9.52.010 of this chapter, slingshots, zip guns, or bows and arrows, except that military honor guards when performing at recognized cemeteries may discharge blanks with permission of the parks and cemetery director or his/her designee. Furthermore, military honor guards performing at Veterans’ Park on Memorial Day or Veterans Day may discharge blanks. Furthermore, city of Coeur d’Alene fire or police honor guards or military honor guards may discharge blanks at the Cherry Hill Fallen Heroes Plaza to honor a fallen firefighter or police officer. Any discharge of firearms at Cherry Hill Fallen Heroes Plaza would require a permit from the parks director. (Ord. 3378 §1, 2010)
9.52.040: ILLEGAL POSSESSION OF WEAPONS AT PARADES OR PUBLIC ASSEMBLIES:
A. Weapons: It shall be unlawful for any person to have in his possession or to have in any vehicle any weapon while participating in or attending a parade or public assembly. <!–[if !vml]–><!–[endif]–>
B. Possession Unlawful: It shall be unlawful for any person to have in his possession or to have in any vehicle at a point within one thousand feet (1,000′) of a parade or public assembly, or within one thousand feet (1,000′) of the perimeter of a parade or public assembly from the beginning to the end of the route, in the case of a moving parade or public assembly any weapon. This section shall not apply to any person in possession of any weapon in his private dwelling or place of business. Any campers, mobile homes or trailers lawfully parked on private property within one thousand feet (1,000′) of the parade or public assembly site shall also be excluded.
Cottonwood,
9.16.020: DISCHARGE OF FIREARMS PROHIBITED:
It is unlawful for any person to discharge firearms of any kind or description within the city limits of the city; provided, however, that this shall not apply to police officers in the discharge of their duties. (Ord. 86 § 1, 1984)
Dalton Gardens,
7-1-2: DISCHARGE OF FIREARMS:
B. Discharge Of Firearms Prohibited: It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the Municipality.
C. Exceptions: This Section shall not apply to peace officers in the discharge of their duties, to persons discharging a firearm at dogs not on the premises of the owner which are worrying, wounding or killing any livestock or poultry which is raised and kept in captivity for domestic purposes or to the slaughtering on the premises where an animal is to be butchered. (Ord. 101, 5-1-1986)
Emmett:
5-3-4-4: DISCHARGE OF FIREARMS AND CERTAIN OTHER DEVICES WITHIN CITY LIMITS:
A. Prohibited Conduct: Except for law enforcement officers in the performance of their duties, it shall be unlawful for any person to discharge any rifle, shotgun, handgun, firearm, pellet gun, bow, crossbow, sling, blowgun, air gun, or BB gun within the city limits. (Ord. O2006-12, 7-11-2006)
Filer,
5-3-3: UNLAWFUL DISCHARGE OF GUNS:
It shall be unlawful for any person to fire or discharge any gun, pistol, rifle, shotgun, cannon or firearm of any description within the City limits. This prohibition shall not apply to law enforcement officers acting within the course and scope of their employment. (Ord. 469, 5-2-95)
Fruitland,
9-3-4: OFFENSES CONCERNING FIREARMS AND OTHER WEAPONS:
A. Discharging Firearms: Any person, not an officer, discharging any firearms within the City shall, upon conviction thereof, be punished by a fine as set out in Section 1-4-1 of this City Code.
Garden City,
4-12-12: WEAPONS DISCHARGES:
It shall be unlawful for any person to discharge fire arms of any kind or description, air rifles, air pistols, BB guns, blowguns, slingshots, flippers, or arrows within the corporate limits of Garden City; provided, however, that shall not apply to police officers in the discharge of their duties. A violation of this section is a misdemeanor. (Ord. 629, 10-11-1994)
4-17-2: PROHIBITED ACTS:
A. Except in self-defense, no person shall draw, exhibit or brandish a replica or facsimile of a firearm or simulate a firearm in a rude, angry or threatening manner, with the intent to frighten, vex, harass or annoy or with the intent to commit an act which is a crime under the laws of the city, state or federal government against any other person.
Genesee,
6-4-2: DISCHARGE OF FIREARMS PROHIBITED:
It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the city; provided, however, that this shall not apply to police officers in the discharge of their duties. (Ord. 350, 8-8-2001)
Gooding,
6-1-58: WEAPONS, DISCHARGE:
It shall be unlawful for any person to discharge any weapon, air gun, sparrow gun, flipper, firearm or any similar device or contrivance within the limits of the City. Exceptions to the above provisions are as follows: A. Police or law enforcement officers in their line of duty.
Grangeville,
6-1-18: WEAPONS PROHIBITED:
C. Discharge Of Weapons Prohibited: It shall be unlawful for any person to discharge weapons of any kind or description within the limits of the city; provided however, that this shall not apply to police officers in the discharge of their duties.
Hansen,
5-1-2: FIREARMS AND FIREWORKS:
A. Discharge Of BB Guns, Slingshots And Firearms; Permit: It is unlawful for any person to discharge any air gun, slingshot or other contrivance which propels a missile or missiles by use of compressed air, springs or any other elastic substance, or to discharge any firearm, including .22, shotgun or any manner of rifle without first having obtained a written permit from the city council permitting the possession and discharge of such BB guns, slingshots, or other firearms as provided in this section. (1991 Code § 9.08.010)
Hauser,
4-1-4: FIREARMS:
A. It is unlawful for any person to discharge a firearm within the city limits of the city of Hauser, Idaho; provided, however, that this prohibition shall not apply to law enforcement officers and Idaho state fish and game officers in the discharge of their duties.
1. Exception: A person may discharge a firearm on properties that are zoned to allow agricultural use, if discharge of the firearm is for the purpose of slaughtering animals raised on the property for the purpose of human consumption and the person discharging the firearm complies with the following conditions:
a. The discharge of the firearm is aimed away from persons, vehicles, roadways, buildings constructed for human occupancy, and other animals; and
b. The person discharging the firearm provides prior notice to the law enforcement agency for the city. (Ord. 145, 8-27-2008)
Hayden:
No local Air-gun ordinances listed, refer to Idaho State Air-gun laws.
Hayden Lake,
5-2-1: FIREARMS:
A. Definitions:
B. Prohibition: It shall be unlawful for any person to discharge any firearms, slingshot, zip gun or bow and arrow within the limits of the city. (Ord. 32, 2-5-1968)
Heyburn,
6-7-2: DISCHARGE OF FIREARMS PROHIBITED:
It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the municipality; provided, however, that this shall not apply to police officers in the discharge of their duties. (1982 Code)
Kendrick,
5-2-3: DISCHARGE FIREARMS:
It shall be unlawful for any person to discharge any firearms within the corporate limits or unlawfully carry on their person any concealed weapon, and any person so offending shall, upon conviction, be subject to penalty as provided in section 1-4-1 of this code. (Ord. 3, 11-24-1890; amd. 2009 Code)
Ketchum,
9.20.010: DISCHARGING FIREARMS AND OTHER WEAPONS PROHIBITED:
A. It is unlawful for any person, not an officer of the law acting in his or her official capacity, to discharge any firearm within the corporate limits of the city of Ketchum, Blaine County, Idaho.
Kimberly,
9.12.010: DISCHARGE OF FIREARMS PROHIBITED:
It is unlawful for any person to discharge a firearm within the city. For purposes of this section, “firearm” shall mean any handgun, rifle, shotgun or other weapon which propels a projectile by means of gunpowder. Violation of this section shall be punishable by a fine of not more than that allowed by state statute and/or imprisonment of not more than six (6) months. (Ord. 471 § 1, 1995: Ord. 469 § 1, 1995)
This chapter shall not apply to any law enforcement officer who is engaged in the lawful fulfillment of his or her duties as a law enforcement officer. This chapter shall not apply to any firing range or other business licensed or permitted by the city and which operates in compliance with the zoning ordinance. (Ord. 471 § 4, 1995)
Mountain Home,
6-2-8: AIR GUNS, FIREARMS:
B. Discharge Of Firearms Prohibited: It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the municipality; provided, however, that this shall not apply to police officers in the discharge of their duties.
Nampa,
6-1-4: DISCHARGING FIREARMS, FLIPPERS OR SIMILAR DEVICES:
Any person, not a police officer, discharging any firearm, air gun, sparrow gun, flipper, bow and arrow, or other similar contrivance in the city shall be deemed guilty of a misdemeanor. (Ord. 2124)
New Plymouth,
6-5-2: CONCEALED WEAPONS:
It shall be unlawful for any person to carry concealed upon his person any brass knuckles, revolver, pistol, dagger, stiletto or other deadly weapon. (Ord. 151, 2-1-1982, eff. 2-11-1982)
6-5-3: DISCHARGE OF FIREARMS PROHIBITED:
It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the Municipality; provided, however, that this shall not apply to police officers in the discharge of their duties. (Ord. 151, 2-1-1982, eff. 2-11-1982)
Plummer,
3-2-3: WEAPONS:
A. Discharge Of Firearms: Any person who shall fire or discharge any gun, pistol, rifle or other firearm within the corporate limits of the city shall be deemed guilty of a misdemeanor and subject to penalty as provided in section 1-4-1 of this code; provided that, upon national holidays and other days of public celebration, <!–[if !vml]–><!–[endif]–>the mayor and city council may permit such regulations as they deem best for the firing of other firearms.
B. Dangerous Weapons: Any person who shall draw any species of firearms or any dirk, dagger, knife or other deadly or dangerous weapon in a threatening, menacing or insolent manner with the intent of using the same upon the person of another or threatening to so use said weapon or in a manner to cause any person to fear that it may be used upon his person shall be deemed guilty of a misdemeanor and subject to penalty as provided in section 1-4-1 of this code. (Ord. 339, 6-8-2000)
Post Falls,
9.36.030: DISCHARGE PROHIBITED:
It is unlawful for any person to discharge firearms or manually operated throwing devices of any kind or description within the limits of the municipality; provided, however, that this shall not apply to police officers in the discharge of their duties.
Rathdrum,
5-3-2: WEAPONS; FIREARMS:
B. Discharge Prohibited: It is unlawful for any person to discharge, within the city limits of the city, any firearms, slingshots, zip guns, flips or bows and arrows.
1. This prohibition shall not apply to law enforcement officers in the discharge of their duties, including discharge for training purposes.
Rupert,
8-2-13: USE REGULATIONS OF PARKS:
C. It shall be unlawful for any person in a public park or recreational area to: 8. Bring into the parks or recreational areas any pistol, revolver, rifle, BB gun, air gun, slingshot, bow and arrow or any other weapon in which the propelling force is gun powder, a spring, air, or other similar force, except in designated areas.
Sandpoint,
5-3-2: DISCHARGE OF DEADLY WEAPONS PROHIBITED:
It shall be unlawful for any person to use or discharge deadly weapons of any kind or description within the city limits; provided however, that this shall not apply to police officers in the discharge of their official duties. (Ord. 1245, 9-15-2010)
Sun Valley,
5-3-2: DISCHARGE OF WEAPONS:
It shall be a misdemeanor for any person to discharge a firearm, bow and arrow, crossbow and arrow, slingshot, blowgun, or any other weapon capable of launching a projectile within the city limits of the city except:
B. In regard to firearms, when rendered necessary in the course of an arrest;
C. When necessary during “an emergency” for the defense of life, person or property; and
D. “When no emergency exists”, when necessary for the protection of property, but then only after the issuance of a permit by the city police department after the applicant has satisfied the conditions specified herein. (1990 Code)
Troy,
6-5-2: CONCEALED WEAPONS:
It shall be unlawful for any person to carry concealed upon his person any brass knuckles, revolver, pistol, dagger, stiletto or other deadly weapon. (1968 Code)
6-5-3: DISCHARGE OF FIREARMS PROHIBITED:
It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the municipality; provided, however, that this shall not apply to police officers in the discharge of their duties. (1968 Code).
Twin Falls,
6-2-1: AIR GUNS, WEAPONS:
(C) Unlawful Discharge Of Guns And Firecrackers: It shall be unlawful for any person to fire or discharge any cannon, gun, fowling piece, pistol or firearm of any description…(1958 Code, ch. X, art. 1, sec. 27)
(D) Permits: Notwithstanding any other provision of this section, the city council may grant permits to persons or businesses permitting the discharge of air guns, flippers, bows and arrows, pistols or firearms within the city limits, subject to any specific conditions that the council may require. (Ord. 2277, 7-17-1989)
Wilder,
5-2-1: FIREARMS:
No person shall carry, use for amusement or otherwise, or fire or discharge any air gun, pellet gun, spring gun or firearm of any kind or nature whatsoever within the city. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars ($100.00). (Ord. 173, 2-8-1966)
ILLINOIS-
State law reference for air-guns:
.State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
(720 ILCS 535/) (Air Rifle Act.)
Title: An Act providing protection for the public safety by regulating the sale, offering or exposing for sale at retail and the use of air rifles, defining air rifles, and imposing duties on the State Police, sheriffs and police officers and providing penalties.
Cite: 720 ILCS 535/0.01 et seq.
From: Ch. 38, par. 82 et seq.
Source: L. 1965, p. 2977. Title amended by P.A. 77‑577.
Date: Approved August 13, 1965.
Short title: Air Rifle Act.
Village of ALSIP,
Sec. 13-34. – Sale of dangerous toys to persons under 15 prohibited.
Any person who shall sell to any person under the age of 15 years any cap gun or explosive, paper caps or metal caps or other toy deemed dangerous by appropriate state or regulatory agencies, shall be deemed guilty of an offense.
(Ord. No. 365, § 4, 11-16-65)
Sec. 13-35. – Discharge of firearms.
It shall be unlawful for any person to fire or discharge any gun, pistol or other firearm within the village except upon premises used by a shooting gallery, rifle club, gun club, or rifle or revolver range, for which a permit has been granted by the village board.
(Ord. No. 365, § 5, 11-16-65)
Sec. 13-36. – Air guns; bows and arrows; slingshots.
(a)
The term “air guns” as used in this section shall mean gun, rifle, or pistol, by whatever name, which is designed to expel a projectile, including darts, by the action of compressed air or gas or by the action of a spring or elastic, but does not mean firearms.
The term “slingshots” shall mean a device of any kind, shape or size whatsoever, used for the propelling of any stone or other projectile either by an elastic or spring action or by the use of an elastic or string in conjunction with the physical act of throwing.
The term “bow and arrow” shall mean the prime equipment used in archery and/or bow-hunting, homemade or otherwise, and includes all the various toy bows and arrows and any type of dart, whether the arrows or darts are pointed or snub-nosed.
The word “minor” shall mean any person under the age of 18 years.
(b)
It shall be unlawful for any person to sell, give, rent, lend or otherwise transfer any slingshot, or materials for the making thereof, or projectile therefor, within the village. It shall be unlawful for any person to use a slingshot within the village. It is the purpose of this section to prohibit completely the use of slingshots within the village.
(c)
It shall be unlawful for any person to give, sell, rent, lend or otherwise transfer any air gun, or materials for the making thereof, or projectile therefor, or any type bow and arrow, or materials for the making thereof, to a minor within the village, except where the relationship of parent and child, guardian and ward, or adult instructor or supervisor and pupil, exists between such person and the minor.
(d)
It shall be unlawful for any minor to carry any exposed air gun or any type of bow and arrow on the streets, alleys, public roads or public lands in the village, unless accompanied by an adult. It shall be unlawful for any person to discharge any air gun, or any arrow from a bow, from or across any street, or any public land, or across private property of any other person without permission. It is not the intent of this section to restrict or discourage the supervised and regulated use of air guns or bows and arrows as a sport, hobby or recreation in suitable locations.
(e)
Any person who makes any statement in connection with the purchase, renting, lending, giving or otherwise transferring an air gun, or materials for the making thereof or projectile therefor, or bow and arrow or dart, or materials for the making thereof, falsely representing himself or anyone else as being over 18 years of age, shall be guilty of an offense.
(Ord. No. 365, § 6, 11-16-65)
City of AMBOY, ILLINOIS Sec. 50-214. – Firing firearms within city limits.
No person shall fire or discharge any gun, pistol, revolver, fowling piece, or other firearm except in the discharge of any legal duty, or necessary or lawful act, the same being done in a proper and careful manner. Nor shall any person shoot or discharge any air gun, slingshot, or toy pistol on which percussion caps are used within the corporate limits of the city.
(Code 1969, ch. 10, § 3)
Sec. 50-215. – Violation; penalty.
Any person violating section 50-212 or 50-214 shall be punished as provided in section 1-7.
(Code 1969, ch. 10, § 3)
AUBURN, ILLINOIS
DIVISION 2. – HYPERLINK “javascript:void(0)”AIR RIFLES
DIVISION 2. – AIR RIFLES
State law reference— Similar provisions, Ill. Rev. Stat. Ch. 38, § 82-1 et seq.
Sec. 18-67. – Definitions.
For the purposes of this division the following words and phrases shall have the meanings respectively ascribed to them:
Air rifle. Any air gun, air pistol, spring gun, spring pistol, BB gun, pellet gun or any implement that is not a firearm which impels a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
Dealer. Any person engaged in the business of selling at retail or renting any of the articles included in the definition of “air rifle.”
Sec. 18-68. – Selling, renting or transferring to children.
(a)
It is unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air rifle to any person under the age of thirteen (13) years where the dealer knows or has cause to believe the person to be under thirteen (13) years of age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under thirteen (13) years of age.
(b)
It is unlawful for any person to sell, give, lend or otherwise transfer any air rifle to any person under thirteen (13) years of age except where the relationship of parent and child, guardian and ward or adult instructor and pupil, exists between such person and the person under thirteen (13) years of age, or where such person stands in loco parentis to the person under thirteen (13) years of age.
Sec. 18-69. – Carrying or discharging on public streets.
(a)
It is unlawful for any person under thirteen (13) years of age to carry any air rifle on the public streets, roads, highways or public lands within the city, unless such person under thirteen (13) years of age carries such rifle unloaded.
(b)
It is unlawful for any person to discharge any air rifle from or across any street, sidewalk, road, highway or public land or any public place except on a safely constructed target range.
Sec. 18-70. – Permissive possession.
Notwithstanding any provision of this division, it is lawful for any person under thirteen (13) years of age to have in his possession any air rifle if it is:
(a)
Kept within his house of residence or other private enclosure;
(b)
Used by the person under thirteen (13) years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult and then only if such air rifle is actually being used in connection with the activities of such club, team or society under the supervision of a responsible adult; or
(c)
Used in or on any private grounds or residence under circumstances when such air rifle is fired, discharged or operated in such a manner as not to endanger persons or property and then only if it is used in such a manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residence.
Sec. 18-71. – Permissive sales.
The provisions of this division do not prohibit sales of air rifles:
(a)
By wholesale dealers or jobbers;
(b)
To be shipped out of the state;
(c)
To be used at a target range operated in accordance with this division or by members of the Armed Services of the United States or Veterans’ organizations.
Sec. 18-72. – Seizure and removal.
Any police officer shall seize, take, remove or cause to be removed at the expense of the owner, any air rifle sold or used in any manner in violation of this division.
Secs. 18-73—18-83. – Reserved.
AURORA, ILLINOIS
Sec. 29-47. – Air and spring guns. <!–[if !vml]–><!–[endif]–>
(a)
No person shall possess an air rifle, air gun, air pistol, spring gun, spring pistol, B-B gun, pellet gun or any other implement that is not a firearm and which impels a pellet constructed of hard plastic, steel, lead or other hard material with a force that reasonably may be expected to cause bodily harm, under the conditions specified for firearms in subsections (a)(4), (a)(10) or (a)(12) of section 29-43 of this article.
(b)
No person shall be permitted to fire or discharge in the city, other than on a safely constructed target range, any device as enumerated in subsection (a).
(c)
It shall be unlawful for any person to sell, give or otherwise transfer to any person under the age of eighteen (18) years of age a B-B, paintball, or pellet-firing air gun that expels a projectile through the force of air pressure.
(d)
Any person violating this section shall be guilty of a misdemeanor, the fine for which shall be a minimum of two hundred dollars ($200.00) and a maximum of five hundred dollars ($500.00) for each separate violation.
(Code 1969, § 29-28; Ord. No. 093-22, § 1, 3-16-93; Ord. No. 006-166, §§ 1, 2, 12-19-06)
State law reference— Air rifles, municipal regulations, 720 ILCS, 535/8.
Bartonville, Illinois DIVISION 2. – DISCHARGING WEAPONS
Firearm means any gun, pistol, or any device, by whatever name known, which is designed or may be readily converted to expel a projectile by the action of an explosive or propellant, or by an expansion or escape of gas, or the component parts of the foregoing, or any combination of component parts either designed or intended for use in converting any device into a firearm as described in this definition. Firearm does not include:
<!–[if !supportLists]–>(1) <!–[endif]–>Any weapon that fires a projectile by means of air pressure (pneumatic gun) or any spring gun;
<!–[if !supportLists]–>(2) <!–[endif]–>Sec. 38-409. – Penalty.
<!–[if !supportLists]–>(3) <!–[endif]–> Any person who violates this Division shall be fined no less than $150.00 nor more than $750.00 for such offense, and any firearm used in violation of this Division shall be confiscated by and forfeited to the Village.
<!–[if !supportLists]–>(4) <!–[endif]–>(Ord. No. 1522, § 4, 5-10-2007)
<!–[if !supportLists]–>(5) <!–[endif]–>Sec. 38-410. – Prohibited on or near public way, etc.
<!–[if !supportLists]–>(6) <!–[endif]–> It is unlawful for any person, except as provided in Section 38-411, to fire or discharge a firearm on any street, public parkway, public alley, or other public place or way within the Village or out of doors of any place within the Village within 300 feet of any such public way.
BEARDSTOWN, ILLINOIS
*No air gun ordinances registered.
BELVIDERE, ILLINOIS ARTICLE VIII. – WEAPONS
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Sec. 74-291. – Discharge of weapons.
It shall be unlawful to discharge any firearms, air rifles, pellet guns or similar weapons within the city. However, this section shall not be construed to prevent any police officer from discharging a weapon in the performance of his duty, nor any citizen from discharging any weapon when lawfully defending his person or property. This section shall not apply to peace officers discharging weapons on a practice range designated by the chief of police.
(Code 1982, § 132.06)
Sec. 74-292. – Air-guns and other miscellaneous firearms.
(a)It is unlawful for an elementary or secondary school person under age of 21 to knowingly carry on to public or private elementary or secondary school premises or any other public property located within the city limits:
(1)Any firearm; or
(2)Any air gun, including air pistol or air rifle, designed to propel a BB, pellet or any other projectile by the discharge of compressed air, spring, carbon dioxide, or other gas; or
(3)Any other dangerous weapon that is likely to produce threatened or real bodily harm, including but not limited to any other type of martial art device.
(b)Any person violating this section is guilty of a petty offense.
(c)This section does not apply to any person who by school approval is participating in a sponsored firearms, martial arts, or gun competition on school premises.
(Ord. No. 858F, § 1(132.14), 4-4-94)
ARTICLE VII. – PARK REGULATIONS
(a)General information.
(1) Park hours. Unless otherwise specified by the mayor, park areas are closed from one-half hour after sunset to one-half hour before sunrise.
(2) Park closing and opening dates. The mayor will have full authority to open and close any park area or facility because of season, condition, construction, or when in the interest of public safety, it is deemed necessary.
(3) Fees and charges. The city council shall have the authority to establish such fees as are deemed necessary for use of any facility, shelter or land area, or for the reservation of such areas. Fee schedules shall be available upon request.
(b) Personal conduct; prohibited items or uses. In addition to other illegal activities, the following shall be prohibited within the boundaries of any park area:
(1)Possessing or discharging of any firework, firearm, rocket, air gun, or weapon of any kind;
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BOONE COUNTY, ILLINOIS
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
BOURBONNAIS, ILLINOIS
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
BRADLEY, ILLINOIS
DIVISION 4. – WEAPONS
Sec. 30-110. – Discharge of firearms and air guns.
It shall be unlawful to discharge any firearm or air gun in the village or so that the projectile therefrom enters the village. This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty or any citizen from discharging a firearm when lawfully defending his person or property.
(Code 1973, § 17-13; Code 1985, § 13-13)
State law reference— Unlawful use of weapons, 720 ILCS 5/24-1 et seq
BRAIDWOOD, ILLINOIS
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
BUFFALO GROVE
Chapter 9.80 WEAPONS
Sections:
9.80.010 Firing of weapons prohibited.
9.80.020 Violation—Penalty.
9.80.010 Firing of weapons prohibited.
No person, other than a peace officer, shall be permitted to fire or discharge any firearm, rifle, shotgun, air pistol, spring gun, spring pistol, bow or other device which propels or projects a bullet, pellet, pointed arrow or similar projectile in the Village except at such places as may be designated by the Village.
(Ord. 94-85 § 57 (part), 1994: Ord. 88-122 § 2 (part). 1988).
9.80.020 Violation—Penalty.
Any person violating the provisions of this Chapter shall be punished as provided in Chapter 1.08 of this Code.
(Ord. 94-85 § 57 (part), 1994: Ord. 88-122 § 2 (part), 1988).
BURBANK, ILLINOIS
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
BURNHAM, ILLINOIS
ARTICLE VII. – WEAPONS
Sec. 62-321. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Ammunition means any self-contained cartridge, shot, bullet, projectile or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm; excluding, however:
(1)Any ammunition exclusively designed for use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
(2)Any ammunition, designed exclusively for use with a stud or rivet driver or other similar industrial ammunition.
Antique firearm means:
(1)Any firearm (including any firearm with a matchlock, flintlock, percussion cap or, similar type of ignition system) manufactured in or before 1898; and
(2)Any replica of any firearm described in subsection (1) of this definition if such replica is not designed or redesigned for using ammunition.
Firearm means any device including, but not limited to, pistols, handguns, air guns, air rifles, air pistols or short barrel rifles, shotguns, rifles, pneumatic guns, spring guns, BB guns, pellet guns, machine guns, rockets and any other device by whatever name known, which is designed to expel a projectile by the action of an explosion, expansion of gas or escape of gas.
Sec. 62-322. – Unlawful use of weapons.
(a)A person commits the offense of unlawful use of weapons when he knowingly:
(1)Sells, manufactures, purchases, possesses or carries any bludgeon, blackjack, slingshot, sandclub, sandbag, metal knuckles, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas;
(2)Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character;
(3)Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a nonlethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 year of age or older;
(4)Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm;
(5)Sets a spring gun; or
(6)Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm;
(7)Sells, manufactures, purchases, possesses or carries a machine gun. For purposes of this subsection, the term “machine gun” means any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person, or any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches or any bomb, bombshell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles;
(8)Carries or possesses any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by the village or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted;
(9)Carries or possesses in a vehicle or on or about his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity;
(10)Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of the village, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; or
(11)Sells, manufactures or purchases any explosive bullet. For purposes of this section, the term “explosive bullet” means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. The term “cartridge” means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap.
(b)A violation of subsection (a)(1)—(a)(11) of this section is a class A offense.
(c)The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a)(7) of this section is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument, substance is found, except under the following circumstances:
(1)If such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or
(2)If such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver.
(Ord. No. 2001-O-006, § 5.2, 7-10-2001)
BYRON, ILLINOIS
5.08.310 Weapons.
A. It is unlawful for any person, including, but not limited to, any licensee holding a license under this chapter, or any employee or agent of such licensee, to possess in any manner, or go armed with, in or on any premises licensed under this chapter, any firearm, or any air gun, whether loaded or unloaded.
B. For purposes of this section, “firearm” means any device, by whatever name known, which is designed to expel a projectile or projectiles by action of an explosion, expansion of gas, or escape of gas.
C. For purposes of this section, “air gun” means a weapon which expels a missile by the expansion of compressed air or other gas.
(Ord. 03-03 § 1(part), 2003).
5.08.320 Ammunition.
It is unlawful for any person including, but not limited to, any licensee holding a license under this chapter or any employee or agent of such licensee to possess in any manner or to sell, in or on any premises licensed under this chapter, any ammunition for firearms or air guns.
(Ord. 03-03 § 1(part), 2003).
CALUMET CITY
DIVISION 3. AIR RIFLES
Sec. 62-211. Definitions.
Sec. 62-212. Violations; penalties.
Sec. 62-213. Selling, renting or transferring to children; prohibition.
Sec. 62-214. Carrying or discharging on public streets.
Sec. 62-215. Permissive possession.
Sec. 62-216. Permissive sales.
Secs. 62-217—62-219. Reserved.
Sec. 62-211. Definitions.
As used in this division, the following words and terms shall have the meaning ascribed thereto:
Air rifle means and includes any air gun, air pistol, spring gun, spring pistol, B-B gun, paint ball gun, pellet gun or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors or, a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
Dealer means any person, co-partnership, association or corporation engaged in the business of selling at retail or renting any of the articles included in the definition of “air rifle.”
(Code 1980, § 18-140; Ord. No. 92-28, § 1, 7-23-1992)
Sec. 62-212. Violations; penalties.
(a)Any dealer violating any provision of section 62-213 commits a petty offense.
(b)Any person violating any other provision of this division commits a petty offense and shall pay a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).
(Code 1980, § 18-146; Ord. No. 92-28, § 1, 7-23-1992)
Sec. 62-213. Selling, renting or transferring to children; prohibition.
(a)It is unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air rifle to any person under the age of eighteen (18) years where the dealer knows or has cause to believe the person to be under eighteen (18) years of age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under eighteen (18) years of age.
(b)It is unlawful for any person to sell, give, lend or otherwise transfer any air rifle to any person under eighteen (18) years of age except where the relationship of parent and child, guardian and ward or adult instructor and pupil, exists between such person and the person under eighteen (18) years of age, or where such person stands in loco parentis to the person under eighteen (18) years of age.
(Code 1980, § 18-141; Ord. No. 92-28, § 1, 7-23-1992)
Sec. 62-214. Carrying or discharging on public streets.
(a)It is unlawful for any person under eighteen (18) years of age to carry any air rifle on the public streets, roads, highways or public lands within this city, unless such person under eighteen (18) years of age carries such rifle unloaded.
(b)It is unlawful for any person to discharge any air rifle from or across any street, sidewalk, road, highway or public land or any public place except on a safely constructed target range.
(Code 1980, § 18-142; Ord. No. 92-28, § 1, 7-23-1992)
Cross reference— Streets, sidewalks and other public places, ch. 78.
Sec. 62-215. Permissive possession.
Notwithstanding any provision of this article, it is lawful for any person under eighteen (18) years of age to have in his possession any air rifle if it is:
(1)Kept within his house of residence or other private enclosure;
(2)Used by the person under eighteen (18) years of age and he is a duly enrolled member of any club, team, or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult and then only if said air rifle is actually being used in connection with the activities of said club, team or society under the supervision of a responsible adult; or
(3)Used in or on any private grounds or residence under circumstances when such air rifle is fired, discharged or operated in such a manner as not to endanger persons or property and then only if it is used in such manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residence.
(Code 1980, § 18-143; Ord. No. 92-28, § 1, 7-23-1992)
Sec. 62-216. Permissive sales.
The provisions of this article do not prohibit sales of air rifles:
(1)By wholesale dealers or jobbers;
(2)To be shipped out of the state;
(3)To be used at a target range operated in accordance with section 62-215 or by members of the armed services of the United States or veterans organizations.
(Code 1980, § 18-144; Ord. No. 92-28, § 1, 7-23-1992)
Secs. 62-217—62-219. Reserved.
DIVISION 1. GENERALLY
Sec. 62-141. Discharge of firearm.
It shall be unlawful to discharge any firearms or air gun in the city or so that the bullet therefrom enters the city; provided that this section shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his duties or to persons defending their person or property.
(Code 1980, § 18-38; Ord. No. 91-35, § 1, 9-12-1991)
CARPENTERSVILLE
Chapter 9.18 OFFENSES INVOLVING WEAPONS
9.18.020 Air rifles.
A. Definition. “Air rifle” means and includes any air gun, air pistol, spring gun, paintball gun, a spring pistol, B-B gun, pellet gun or any implement that is not a firearm which impels a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
B. Regulations. It is unlawful for any person to carry or possess on or about his person within the corporate limits of the village any loaded or uncased air rifle.
(Ord. No. 11-17, § 1, 3-15-2011)
9.18.030 Discharging firearms.
A. No person shall fire or discharge, within the village, any cannon, gun, pistol, rifle or any gun which discharges projectiles either by air, spring device, explosive substance or any other force.
B. This section shall not apply to the discharge of a firearm by any officer of the law nor to any person discharging a firearm on or at a duly licensed target range.
(Ord. No. 11-17, § 1, 3-15-2011)
CASEY
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
CENTRALIA, ILLINOIS
Sec. 12-1. – State offenses adopted
An act providing protection for the public safety by regulating the sale, offering or exposing for sale at retail and the use of air rifles, defining air rifles, and imposing duties on the state police, sheriffs and police officers and providing penalties. Laws 1965, p. 2977, approved and effective August 13, 1965 (Ill. Rev. Stat. Ch. 38, para. 82-1 et seq.);
CHAMPAIGN, ILLINOIS
DIVISION 2. WEAPONS
Sec. 23-176. Possession
No person shall carry or possess any weapons or firearms in the City in violation of the laws of this State.
(Code 1975, § 14-63)
Sec. 23-177. Discharge of weapons.
(a)No person shall discharge any firearm or air gun, BB gun or any toy gun projecting lead or metal missiles or that projects a missile or object capable of inflicting bodily harm or under circumstances that could cause a threat to public safety in the City except in a licensed shooting gallery.
(b)It shall be unlawful to shoot any bow or to discharge any arrow in the City.
(c)This section shall not be construed to prohibit any officer of the law from discharging a firearm or other device in the performance of his/her duty, nor to any citizen to discharge a firearm when lawfully defending person or property.
(Code 1975, § 14-64; C.B. No. 2010-016, § 3, 2-2-10)
CHERRY VALLEY
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
CHICAGO HEIGHTS
DIVISION 2. AIR RIFLES
Sec. 30-113. Definitions.
For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them:
Air rifle. Any air gun, air pistol, spring gun, spring pistol, BB gun, pellet gun or any implement that is not a firearm which impels a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
Dealer. Any person engaged in the business of selling at retail or renting any of the articles included in the definition of “air rifle.”
Sec. 30-114. Selling, renting or transferring to children.
It is unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air rifle to any person under the age of thirteen (13) years where the dealer knows or has cause believe the person to be under thirteen (13) years of age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under thirteen (13) years of age.
It is unlawful for any person to sell, give, lend or otherwise transfer any air rifle to any person under thirteen (13) years of age except where the relationship of parent and child, guardian and ward or adult instructor and pupil, exists between such person and the person under thirteen (13) years of age, or where such person stands in loco parentis to the person under thirteen (13) years of age.
Sec. 30-115. Carrying or discharging on public streets.
It is unlawful for any person under thirteen (13) years of age to carry any air rifle on the public streets, roads, highways or public lands within this city, unless such person under thirteen (13) years of age carries such rifle unloaded.
It is unlawful for any person to discharge any air rifle from or across any street, sidewalk, road, highway or public land or any public place except on a safely constructed target range.
Sec. 30-116. Permissive possession.
Notwithstanding any provision of this division, it is lawful for any person under thirteen (13) years of age to have in his possession any air rifle if it is:
(a)Kept within his house of residence or other private enclosure;
(b)Used by the person under thirteen (13) years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult and then only if said air rifle is actually being used in connection with the activities of said club, team or society under the supervision of a responsible adult; or
(c)Used in or on any private grounds or residence under circumstances when such air rifle is fired, discharged or operated in such a manner as not to endanger persons or property and then only if it is used in such manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residence.
Sec. 30-117. Permissive sales.
The provisions of this division do not prohibit sales of air rifles:
(a)By wholesale dealers or jobbers;
(b)To be shipped out of the state;
(c)To be used at a target range operated in accordance with this division or by members of the Armed Services of the United States or Veterans’ organizations.
Sec. 30-118. Seizure and removal.
Any police officer shall seize, take, remove or cause to be removed at the expense of the owner, any air rifle sold or used in any manner in violation of this division.
Secs. 30-119—30-128. Reserved.
— (7) — State Law reference— Similar provisions, Ill. Rev. Stat., Ch. 38, § 82-1 et seq. (Back)
Sec. 30-101. Unlawful use of weapons.
A person commits the offense of unlawful use of weapons when he knowingly:
(a)Sells, manufactures, purchases, possesses or carries any air gun, spring-loaded gun, bludgeon, blackjack, sling shot, sand-club, sandbag, metal knuckles or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife; or
(b)Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, or any other dangerous or deadly weapon or instrument of like character; or
(c)Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance; or
(d)Carries concealed in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver or other firearm; or
(e)Sets a spring gun; or
(f)Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or
(g)Sells, manufactures, purchases, possesses or carries any weapon from which more than eight (8) shots or bullets may be discharged by a single function of the firing device, any shotgun with a barrel less than eighteen (18) inches in length, or any bomb, bombshell, grenade, bottle or other container containing an explosive substance, such as but not limited to black powder bombs and Molotov cocktails; or
(h)Carries or possesses any firearm or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted; or
(i)Carries or possesses in a vehicle or on or about his person any pistol, revolver or firearm, when he is hooded, robed or masked in such manner as to conceal his identity.
(Code 1954, § 24.42)
State law reference— Similar provisions, Ill. Rev. Stat., Ch. 38, § 24-1.
Sec. 30-102. Discharge.
It shall be unlawful for any person to discharge any firearms in the city; provided, that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty nor any citizen from discharging a firearm when lawfully defending his person or property.
(Code 1954, § 24.43)
CHILLICOTHE
Sec. 62-3. Discharge of weapons (non-firearm).
No person other than a police officer shall fire or discharge any weapon within the city except as permitted in this section. For purposes of this Code, “weapon” shall mean any air gun, BB gun, spring gun, slingshot, bow and arrow, crossbow or similar device which is intended to propel or project a bullet, arrow or other projectile. Notwithstanding the foregoing, this section shall not prohibit the firing or discharge of a weapon (other than a firearm as defined in section 62-2 above) on private property with the permission of the owner of the property, where the projectile fired or discharged will not traverse any space used as a public way or any private property when the owner of that property has not granted permission.
(Ord. No. 01-08-30, § 1, 8-27-2001)
CICERO
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
COLLINSVILLE
Sec. 9.28.010. – Unlawful use of weapons.
A person commits the offense of unlawful use of weapons when he knowingly:
A. Sells, manufactures, purchases, possesses or carries any bludgeon, blackjack, slingshot, sand-club, sandbag, metal knuckles or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife; or
B. Carries or possesses with intent to use the same lawfully against another, a dagger, dirk, Billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, or any other dangerous or deadly weapon or instrument of like character; or
C. Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance; or
D. Sets a spring gun; or
E. Carries or possesses any firearm or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.
(Prior Code, § 10:24-1; Code 1996, § 9.28.010; Ord. No. 2703, 1996)
State law reference— Similar provisions, 720 ILCS 5/24-1.
Sec. 9.28.050. – Air rifles.
A. Definition. The term “air rifle” means and includes any air gun, air pistol, spring gun, spring pistol, BB gun, paint ball gun, pellet gun or any implement that is not a firearm which impels a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
B. Carrying or discharging on public streets.
1.It is unlawful for any person to carry any air rifle on the public streets, roads, highways or public lands within this city, unless such person carries such rifle unloaded.
2.It is unlawful for any person to discharge any air rifle from or across any street, sidewalks, road, highway, public land, public place or any privately-owned property, except on a safely constructed target range.
C. Seizure and removal. Any police officer shall seize, take, remove or cause to be removed at the expense of the owner, any air rifle used in any manner in violation of this section.
(Code 1996, § 9.28.050)
State law reference— Air rifle act, 720 ILCS 535/0.01 et seq.
COOK COUNTY
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
CRESTON
ARTICLE VII. – WEAPONS
Sec. 18-211. – Definitions.
Sec. 18-212. – Carrying or discharging.
Sec. 18-211. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air gun means and includes any air rifle, air pistol, spring gun, spring pistol, BB gun, paint ball gun, pellet gun, bow and arrow, cross bow, or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors or a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
(Ord. of 10-8-1991, § I)
Sec. 18-212. – Carrying or discharging.
It is unlawful to discharge any firearm or air gun in the village, provided that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, or to prohibit any citizen from discharging a firearm when lawfully defending his person or property. It is unlawful for any person to carry any firearm or air gun on the public streets, roads, highways or public lands within the village unless such person carries such firearm or air gun unloaded and cased.
CRETE
ARTICLE II. – PARK RULES
Sec. 17-19. – Firearms and fireworks.
No person shall carry or discharge firearms, pellet guns, air pistols, slingshots, BB guns, explosives, rockets, fireworks or any other item containing any substance of an explosive nature, unless authorized by the Crete Board of Park Commissioners.
(Ord. No. 763, § 2(B), 6-27-77)
DAVIS JUNCTION
Sec. 28-4. Carrying concealed weapons; discharging air rifles.
Sec. 28-4. Carrying concealed weapons; discharging air rifles.
No person within the village shall carry a concealed weapon in violation of the provisions of 720 ILCS 5/24-1. No person shall discharge any air rifle from or across any street, sidewalk, road, highway, public land or any public place within the village.
(Code 1994, § 14-10.4)
State law reference— Unlawful use of weapons, 720 ILCS 5/24-2; Air Rifle Act, 720 ILCS 535/0.01 et seq.
ARTICLE II. PARK RULES AND REGULATIONS
Sec. 30-31. Personal conduct.
(b)Weapons, missiles, explosives, fireworks. No person shall bring into, possess, carry or use in any way in the park system any knives, firearms, air guns, pellet guns.
County of
DeKalb
DIVISION 3. – REGULATIONS
Sec. 30-121. – Regulation of sports and games
Sec. 30-123. – Regulation of personal conduct and behavior
(5)
Weapons and harmful substance. At any time have in their possession or on or about their person, concealed or otherwise, any firearm, pistol, revolver, rifle, shotgun, bow and arrow, slingshot, cross bow, spear or spear gun, switchblade, knife, stiletto, sword, blackjack, billy club, any weapon capable of discharging a projectile by air, spirit, gas or explosive, any explosive substance (including paint ball guns) or harmful solid, liquid or gaseous substance or any other dangerous weapon, except at those ranges or areas designated for their use by superintendent and then only in accordance with the rules and restrictions duly set forth for the proper use to such ranges or areas. Nothing contained herein shall be construed to prevent any deputy, sheriff, coroner, game warden, state policeman or any other duly sworn peace officer from caring such weapons as may be authorized and necessary in the discharge of their duties nor shall it apply to any person summoned by any such officer to assist in making arrests or preserving the peace while such person is engaged in assisting.
DU PAGE COUNTY
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
EAST PEORIA
CHAPTER 1. MISDEMEANOR CODE
10-1-1. GENERAL PROVISIONS
10-1-1.1. Short title.
This chapter shall be known and may be cited as the “Misdemeanor Code of East Peoria, Illinois (1968).”
10-1-1.2. City jurisdiction.
(a)A person is subject to prosecution in this city for an offense which he commits, while either within or outside the city, by his own conduct or that of another for which he is legally accountable, if:
(1)The offense is committed either wholly or partly within the city; or
(2)The conduct outside the city constitutes an attempt to commit an offense within the city; or
(3)The conduct outside the city constitutes a conspiracy to commit an offense within the city, and an act in furtherance of the conspiracy occurs in the city; or
(4)The conduct within the city constitutes an attempt, solicitation or conspiracy to commit in another jurisdiction an offense under the laws of both this city and such other jurisdiction.
(b)An offense is committed partly within this city if either the conduct which is an element of the offense, or the result which is such an element, occurs within the city.
(c)An offense which is based on an omission to perform a duty imposed by the laws of this city is committed within the city regardless of the location of the offender at the time of the omission.
State law reference— State criminal jurisdiction, 720 ILCS 5/1-5; principles of criminal liability, 720 ILCS 5/4-1; parties to crime—criminal accountability, 720 ILCS 5/5-1; criminal responsibility, 720 ILCS 5/6-1.
10-1-1.4. Penalties.
Unless otherwise specifically provided in this chapter, violations of any provision thereof shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00).
(Ord. 1761, 3-3-81; Ord. No. 3292, § 65, 7-3-01)
10-1-1.5. Definitions.
Act includes a failure or omission to take action.
Air rifle means and includes any air gun, air pistol, spring gun, spring pistol, B-B gun or pellet gun which impels a pellet constructed of hard plastic, steel, lead, stone or other hard materials with force that reasonably is expected to cause bodily harm or property damage.
EAST ST. LOUIS,
Sec. 18-7. – Use of weapon to kill or wound animal.
(a)No person shall kill or wound, or attempt to kill or wound, by the use of a firearm, slingshot, bow and arrow, BB gun, air rifle or any other dangerous weapon, any animal within the city limits, provided that this section shall not prohibit a person from defending himself or another from attack by an animal.
(b)This section does not prohibit the use of a weapon by a police officer to destroy animals which are seriously injured to avoid unnecessary suffering, or in self-defense of others.
(Ord. No. 99-10028, § G, 7-8-1999)
EDWARDSVILLE
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
EFFINGHAM
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
ELMHURST
51.14 Air rifles.
(a)Definitions. As used in this chapter:
(1)”Air rifle” means any air gun, air pistol, spring gun, spring pistol, B-B gun, paint ball gun, pellet gun, or any implement that is not a firearm that:
(A)Impels a breakable paint ball containing marking colors; or
(B)A pellet constructed of hard plastic, steel, lead, or other hard materials with a force that reasonably is expected to cause bodily harm.
(b)Prohibition. It shall be unlawful for any person under eighteen (18) years of age to carry any air rifle on the public streets, roads, highways, or public lands within the City.
It shall be unlawful for any person, irrespective of age, to discharge any air rifle from or across any street, sidewalk, road, highway or public land, or any public place except on a safely constructed target range.
It shall be unlawful of any dealer to sell, lend, rent, give or otherwise transfer an air rifle to any person under the age of eighteen (18), where the dealer knows or has cause to believe that the person to be under eighteen (18) years of age, or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under eighteen (18) years of age.
It is unlawful for any person to sell, give, lend or otherwise transfer any air rifle to any person under eighteen (18) years of age except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the person under eighteen (18) years of age, or where such person stands in loco parentis to the person under eighteen (18) years of age.
(c)Exemption. Notwithstanding any provisions of this Chapter, it is lawful for any person under eighteen (18) years of age to have in his possession any air rifle if it is:
(1)Kept within his house of residence or other private enclosure;
(2)Used by the person under eighteen (18) years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities, or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult, and then only if the air rifle is actually being used in connection with the activities of the club, team or society under the supervision of a responsible adult; or
(3)Used in or on any private grounds or residence under circumstances when such air rifle is fired, discharged or operated in such a manner as not to endanger persons or property, and then only if it is used in such a manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residences.
(d)Seizure and Removal. The City of Elmhurst Police Department shall seize, take, remove or cause to be removed at the expense of the owner any air rifle sold or used in any manner in violation of this Chapter.
(e)Penalty. Any person who violates this Section shall be fined not less than two hundred fifty dollars ($250.00), nor more than one thousand dollars ($1,000.00) for each offense.
(Ord. 14-2004 § 1)
51.15 (Repealed)
51.16 Slingshots.
It shall be unlawful for any individual to use, sell, manufacture, purchase, possess or carry any slingshot within the City.
(Ord. 14-2004 § 2)
51.17 Dangerous missiles.
It shall be unlawful for any person to throw stones, missiles, or other articles or things by which persons may be injured, or vehicles damaged or endangered or to throw any stone or other missile at any building, railroad car or other public or private property, or at or upon any person or on any street or public place.
51.18 Discharging firearms or artillery pieces.
No person shall fire or discharge any air gun, nor any pistol, revolver or firearm, nor any, stun gun or taser, or other similar such device, within the City. No person shall discharge any piece of artillery within the City unless:
(a)Prior written permission has been obtained from the City Council;
(b)Projectiles are not used; and
(c)The person discharging the artillery piece possess all applicable State and Federal permits or licenses.
(Ord. 14-2004 § 3)
51.19 Firearms to minors.
No person shall sell, loan or furnish to any minor, any gun, pistol or other firearm or any air gun or toy pistol on which percussion caps are used.
EVANSTON
CHAPTER 14 AIR RIFLES
9-14-1. DEFINITIONS.
As used in this Chapter
AIR RIFLE:
Means and includes any pneumatic gun, air gun, air pistol, spring gun, spring pistol, BB gun, pellet gun, or any similar device which uses a spring, pneumatic device, compressed air or compressed gas to impel a pellet constructed of hard plastic, steel, lead, or other hard materials with a force that reasonably is expected to cause bodily harm.
DEPARTMENT:
The Evanston Police Department.
PERSON:
Any individual, corporation, company, association, firm, partnership, club, society, or joint stock company.
(Ord. No. 58-0-05; Ord. No. 8-0-12, (49-0-11(exh. B, § 9-14-1)), 1-23-2012)
9-14-2. POSSESSION PROHIBITED.
No person shall possess in the City of Evanston any “air rifle” as defined in Section 9-14-1 of this Chapter.
(Ord. No. 58-0-05; Ord. No. 8-0-12, (49-0-11(exh. B, § 9-14-2)), 1-23-2012)
9-14-3. SALES AND OTHER TRANSFERS PROHIBITED.
No person shall sell, exchange, loan, rent, or transfer any air rifle within the City whether with or without consideration. No business license shall be granted by the City for a purpose which includes selling air rifles.
(Ord. No. 58-0-05; Ord. No. 8-0-12, (49-0-11(exh. B, § 9-14-3)), 1-23-2012)
9-14-4. DISCHARGE PROHIBITED.
No person shall discharge an air rifle within the City.
(Ord. No. 58-0-05; Ord. No. 8-0-12, (49-0-11(exh. B, § 9-14-4)), 1-23-2012)
9-14-5. PUBLIC DISPLAY PROHIBITED.
It shall be unlawful to brandish or openly display any air rifle while on the grounds of any public park or other public property, or while on any public street, public alley, or other public right of way.
(Ord. No. 58-0-05; Ord. No. 8-0-12, (49-0-11(exh. B, § 9-14-5)), 1-23-2012)
9-14-6. PEACE OFFICERS.
Nothing in this Chapter shall apply to or affect peace officers acting in the performance of their official duties.
(Ord. No. 58-0-05; Ord. No. 8-0-12, (49-0-11(exh. B, § 9-14-6)), 1-23-2012)
9-14-7. SEIZURE AND REMOVAL.
Any police officer shall seize, take, remove, or cause to be removed at the expense of the owner any air rifle sold or in use in any manner in violation of this Chapter. Whenever any air rifle is voluntarily surrendered to the Evanston Police Department, the Chief of Police or his/her designee shall ascertain whether the air rifle is needed for evidence in any matter. If such air rifle is not needed for evidence, it shall be destroyed at the direction of the Chief of Police or his/her designee. A record of such destruction shall be maintained.
(Ord. No. 58-0-05; Ord. No. 8-0-12, (49-0-11(exh. B, § 9-14-7)), 1-23-2012)
9-14-8. PENALTY.
(A)
Any person found to have violated any of the provisions of this Chapter shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00).
(B)
Upon a finding of a violation of this Chapter by an administrative hearing officer or a court of competent jurisdiction, any air rifle seized pursuant to Section 9-14-7 of this Chapter shall be ordered destroyed by the Evanston Police Department.
(Ord. No. 58-0-05; Ord. No. 8-0-12, (49-0-11(exh. B, § 9-14-8)), 1-23-2012)
9-14-9. SEVERABILITY.
If any provision or term of this Chapter, or any application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other applications of the provisions or terms of this Chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this Chapter are severable.
(Ord. No. 58-0-05; Ord. No. 8-0-12, (49-0-11(exh. B, § 9-14-9)), 1-23-2012)
FORD HEIGHTS
ARTICLE XI. – WEAPONS
Sec. 30-415. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air rifle means any air gun pistol, paint ball gun, pellet gun, or any implement that is not a firearm but that impels or propels a breakable paintball, pellet, or other hard projectile at such force that is reasonably expected to cause bodily injury or damage to wildlife or property.
Ammunition means any self-contained cartridge, shot, bullet, projectile or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm; excluding, however:
(1)
Any ammunition exclusively designed for use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
(2)
Any ammunition, designed exclusively for use with a stud or rivet driver or other similar industrial ammunition.
Antique firearm means:
(1)
Any firearm (including any firearm with a matchlock, flintlock, percussion cap or, similar type of ignition system) manufactured in or before 1898; and
(2)
Any replica of any firearm described in subsection (1) of this definition, if such replica is not designed or redesigned for using ammunition.
Bow and arrow means any prime equipment used in archery or bow hunting, including, but not limited to, crossbows, arrows, or darts.
Firearm means any device including, but not limited to, pistols, handguns, air guns, air rifles, air pistols or short barrel rifles, shotguns, rifles, pneumatic guns, spring guns, BB guns, pellet guns, machine guns, rockets and any other device by whatever name known, which is designed to expel a projectile by the action of an explosion, expansion of gas or escape of gas, excluding however:
(1)
Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
(2)
Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition;
(3)
An antique firearm which, although designed as a weapon, the state department of law enforcement finds by reason of the date of its manufacture, value, design and other characteristics is primarily a collector’s item and is not likely to be used as a weapon; or
(4)
Model rockets designed to propel a model vehicle in a vertical direction.
Minor means any individual under the age of 18 years.
Sell means any sale, gift, exchange, loan, rental or other transfer of firearms or ammunition or both, but does not include any of the following:
(1)
Acquisition of a firearm or ammunition or both as the executor, administrator or other legal representative of a decedent’s estate;
(2)
Transfer of a firearm or ammunition or both by bequest or intestate succession;
(3)
Acquisition or transfer of a firearm or ammunition or both by a trustee in bankruptcy in the administration of a bankrupt’s estate;
(4)
Return of a firearm or ammunition or both to a person from whom it was received;
(5)
Transfer of a firearm or ammunition, or both, where it is required by or in accordance a with a judgment or decree of any court of lawful jurisdiction;
(6)
Transfer of a firearm or ammunition, or both, to any federal, state or local government, or any department, agency, bureau, institution or commission thereof;
(7)
Transfer of a firearm or ammunition, or both, to a private museum, society, institution or other private organization which customarily acquires and holds firearms as curios or relics or for scientific or research purposes; or
(8)
Loan or rental of a firearm solely for the purpose of target shooting upon a lawful pistol range or other lawful target range.
Slingshot means any device of any kind, shape, or size that utilizes a spring or elastic band, alone or in conjunction with a physical act, to propel a projectile.
Stun gun or taser means:
(1)
Any device which is powered by electrical charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out current capable of disrupting the person’s nervous system in such a manner as to render him incapable of normal functioning; or
(2)
Any device that is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person’s nervous system in such a manner as to render him incapable of normal functioning.
Weapon means any firearm, knife, air rifles or pistols, slingshots, bows and arrows, spears or other devices used or intended to be used to cause damage, injury, or death to any person or animal.
Sec. 30-416. – Unlawful use of weapons.
(a)
A person, who is not authorized by law, commits the offense of unlawful use of weapons when he knowingly:
(1)
Sells, manufactures, purchases, possesses or carries any bludgeon, blackjack, slingshot, sand club, sandbag, metal knuckles, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas;
(2)
Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character;
(3)
Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a nonlethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 year of age or older;
(4)
Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm;
(5)
Sets a spring gun;
(6)
Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm;
(7)
Sells, manufactures, purchases, possesses or carries a machine gun. For purposes of this subsection, the term “machine gun” means any weapon, which shoots, is designed to shoot or can be readily restored to shoot automatically more than one shot, without manually reloading, by a single function of the trigger, including the frame or receiver of any such weapon; or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person, or any rifle having one or more barrels less than 16 inches in length, or a shotgun having one or more barrels less than 18 inches in length, or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches, or any bomb, bombshell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles;
(8)
Carries or possesses any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by the village or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted;
(9)
Carries or possesses in a vehicle or on or about his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity;
(10)
Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of the village, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; or
(11)
Sells, manufactures or purchases any explosive bullet. For purposes of this section, the term “explosive bullet” means the projectile portion of an ammunition cartridge that contains or carries an explosive charge that will explode upon contact with the flesh of a human or an animal. The term “cartridge” means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap.
(b)
The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in this section is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument, or substance is found, except under the following circumstances:
(1)
If such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or
(2)
If such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver.
Sec. 30-417. – Discharge of weapons.
No person shall fire or discharge within the village any cannon, anvil, gun, pistol, air rifle, or other firearm. This section shall not be construed to prohibit:
(1)
Any officer of the law from discharge of a firearm in the performance of his duty;
(2)
Any citizen from discharge of a firearm when lawfully defending his person or property;
(3)
The discharge of firearms, the setting off or exploding of firearms, and the making of bonfires upon national holidays and in the celebration of other public and general events;
(4)
The discharge of blank cartridges by a military company when on parade and in command of the commanding officer; or
(5)
The discharge of weapons at a licensed shooting range or gallery by adults or by minors supervised by a parent or guardian or by an adult supervisor designated by the parent or guardian.
Sec. 30-418. – Discharge of toy firearms.
It shall be unlawful for any person at any time to fire, discharge or set off anywhere within the village or to have in his possession for such purpose any toy firearm, air rifle, toy cannon, or any gun that discharges projectiles either by air, spring, explosive, substance, or any other force.
Sec. 30-419. – Unlawful possession of firearms or ammunition.
A person commits the offense of unlawful possession of firearms or firearm ammunition when:
(1)
He is under 18 years of age and has in his possession any firearm of a size that may be concealed upon the person;
(2)
He is under 21 years of age, has been convicted of an offense other than a traffic offense or adjudged delinquent and has any firearms or firearm ammunition in his possession;
(3)
He has been convicted of a felony under the laws of this or any jurisdiction within five years from release from the penitentiary or within five years of conviction if penitentiary sentence has not been imposed, and has any firearms or firearm ammunition in his possession;
(4)
He is a narcotic addict and has any firearms or firearm ammunition in his possession;
(5)
He has been a patient in a mental hospital within the past five years and has any firearms or firearm ammunition in his possession;
(6)
He is mentally retarded and has any firearms or firearm ammunition in his possession; or
(7)
He has in his possession any explosive bullet.
Sec. 30-420. – Sling shots; bows and arrows.
No person shall discharge or fire any slingshot or bow and arrow on any street, alley, park, or other public property with the village, or across the private property of any other person without express permission.
Sec. 30-421. – Fireworks; bonfires.
No person shall set off, fire, or explode any torpedo or firecracker, fireball, rocket, or other fireworks or make or kindle any bonfire in the village without express permission from the board of trustees.
Sec. 30-422. – Confiscation and disposition of weapons.
(a)
Upon conviction of any violation of this article, any weapon seized shall be confiscated by the trial court.
(b)
Any stolen weapon so confiscated, when no longer needed for evidentiary purposes, shall be returned to the person entitled to possession, if known. All other confiscated weapons after the disposition of a criminal case and when no longer needed for evidentiary purposes, and when in due course no legitimate claim has been made for such weapons, the court may transfer such weapons to the chief of police who shall proceed to destroy them, or may in its discretion order such weapons preserved as property of the village whose police agency seized the weapons.
Sec. 30-423. – Unlawful firearm in motor vehicle; impoundment.
(a)
A motor vehicle that is used in the violation of article 24 of the Illinois Criminal Code of 1961, 720 ILCS 5/24-1 et seq., of this chapter, or a motor vehicle that contains a firearm or ammunition for which a firearm owner’s identification card is required under the Illinois Owners Identification Card Act, 430 ILCS 65/0.01 et seq., is not presented shall be subject to seizure and impoundment under this subsection. The owner of record of such vehicle shall be liable to the village for an administrative fee in the amount established by the village board, plus fees for the towing and storage of the vehicle. This subsection shall not apply:
(1)
If the vehicle used in the violation was stolen at that time and the theft was reported to the appropriate authorities within 24 hours after the theft was discovered or reasonably should have been discovered; or
(2)If the vehicle is operating as a common carrier and the violation occurs without the knowledge of the person in control of the vehicle.
(b)
Forfeiture shall be conducted in accordance with the provisions of article IX, division 4, of this chapter.
Sec. 30-424. – Penalty.
In addition to any other penalty that may be imposed for violation of this section, weapons used in violation of this section shall be forfeited to and confiscated by the village and disposed of in accordance with state law.
Secs. 30-425—30-446. – Reserved.
FOOTNOTE(S):
(43) State Law reference— Deadly weapons, 720 ILCS 5/24-1 et seq.; municipal ordinances regulating firearms, 720 ILCS 5/24-10. (Back)
Sec. 30-146. – Shooting animals; taking eggs or young of animals.
No person shall kill or wound, or attempt to kill or wound, by the use of firearms, air gun, sling shot, bow and arrow, pelting with stones, or otherwise, any bird or squirrel within the village limits, or shoot an arrow or throw a stone or club, or other missile, at any bird, squirrel, or other animal within any private grounds or public parks, squares or grounds (such animal not being the property of the person so offending), or take the eggs or young of any such bird, or enter upon any private enclosure or public ground belonging to the village for the purpose of doing any act prohibited by this section.
Sec. 8-31. – Trapping; hunting.
(a)
Animal traps. No person shall use or permit the use of any leghold animal trap or similar device with spring activated jaws of the type used for the trapping of fur-bearing animals that is capable of inflicting cruelty upon dogs, cats, or other animals, or that constitutes a hazard to small children.
(b)
Killing of birds and squirrels. No person shall kill or wound, or attempt to kill or wound, by the use of any firearm, bow and arrow, slingshot, blow or air gun, pelting with stones or otherwise, any squirrel or bird except English sparrows, within the village limits, or shoot an arrow or other missile, or throw a stone, club or other thing at any such squirrel or bird, within any private grounds, or public park squares or grounds, such squirrel or bird not being the property the person so offending, or enter upon any private enclosure, or public ground belonging to the village, for the purpose of doing acts prohibited in this section.
GENEVA
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
GEORGETOWN
11.01.160 – Firearms, weapons, explosives and missiles.
A.
No person shall carry firearms of any description, air or gas guns, slingshots, or other dangerous or lethal weapons, explosives, fireworks or missile-throwing or propelling devices within a park without specific written permission from the chief of police.
B.
No person shall discharge or cause to be discharged any firearms, missile-throwing or propelling device, fire-works, air, electric, or gas horns, explosives, corrosive or volatile materials, or air or gas guns within a park without specific written permission from the chief of police.
(Ord. 676 (part), 1990).
11.01.160 – Firearms, weapons, explosives and missiles.
Chapter 11.01 – PARKS
Sections:
A.
No person shall carry firearms of any description, air or gas guns, slingshots, or other dangerous or lethal weapons, explosives, fireworks or missile-throwing or propelling devices within a park without specific written permission from the chief of police.
B.
No person shall discharge or cause to be discharged any firearms, missile-throwing or propelling device, fire-works, air, electric, or gas horns, explosives, corrosive or volatile materials, or air or gas guns within a park without specific written permission from the chief of police.
(Ord. 676 (part), 1990).
GILMAN
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
GLENVIEW
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
GLENWOOD
ARTICLE XI. – AIR RIFLES
Sec. 62-430. – Definitions.
For the purposes of this article the following terms shall be defined as follows:
Air rifle means and includes any air gun, air pistol, spring gun, spring pistol, B-B gun, paint ball gun, pellet gun or any implement that is not a firearm which impels a breakable paint ball containing washable colors or, a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
Dealer means any person, co-partnership, association or corporation engaged in the business of selling at retail or renting any of the articles included in the definition of “air rifle” within the village.
(Ord. No. 2006-17, § 2, 11-21-2006)
Sec. 62-431. – Prohibition on selling, renting or transferring.
It is unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air rifle to any person under the age of 18 years where the dealer knows or has cause to believe the person to be under 18 years of age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under 18 years of age.
(Ord. No. 2006-17, § 2, 11-21-2006)
Sec. 62-432. – Carrying or discharge.
(a)
It is unlawful for any person under 18 years of age to carry any air rifle on the public streets, roads, highways or public lands within the village.
(b)
It is unlawful for any person to discharge any air rifle from or across any street, sidewalk, road, highway or public land or any public place within the village.
(Ord. No. 2006-17, § 2, 11-21-2006)
Sec. 62-433. – Fine.
Any person violating the provisions of this article shall be fined an amount not less than $150.00 nor more than $750.00.
(Ord. No. 2006-17, § 2, 11-21-2006)
Secs. 62-434—62-439. – Reserved.
GODFREY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
GRANITE CITY
9.96.070 – Discharge of firearms.
It is unlawful to discharge any firearm or air gun in the city; provided, that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, nor to any citizen to discharge a firearm when lawfully defending his person or property.
(Prior code § 28.210)
GRAYSLAKE
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
HAINESVILLE
Article III
Air Rifles and Toy Weapons
5.40.130 Air rifles and toy weapons—License required.
No person shall engage in the business of selling, or sell or give away any air rifle or air gun, or any toy in the nature of a firearm in which any explosive substance can be used without securing a license to do so as provided in Chapter 5.04.
(Prior code § 40.13)
5.40.140 Permit.
No such licensees shall sell or give away any such weapon to any person within the village who has not secured a permit from the chief of police to. purchase such weapon in the manner herein provided.
(Ord. 98-7-3 § 11 (part); prior code § 40.14)
Article III
Air Rifles and Toy Weapons
5.40.130 Air rifles and toy weapons—License required.
No person shall engage in the business of selling, or sell or give away any air rifle or air gun, or any toy in the nature of a firearm in which any explosive substance can be used without securing a license to do so as provided in Chapter 5.04.
5.40.170 License fee.
The annual license fee for sellers of air rifles and toy weapons shall be as set forth in the fee schedule in Section 5.04.180.
5.40.180 Report of sales.
Every person licensed under this article shall make out and deliver to the chief of police on the first day of each month a legible and correct report of every sale or gift made under authority of the license to sell the kind of weapon or other articles named in this article during the preceding month, which report shall contain the date of such sale or gift, the name of the purchaser or donee, his or her address and age, the number, kind, description and price of such weapon or other article, the number of the purchaser’s permit and the purpose of the purchase of such weapon or other article.
(Ord. 98-7-3 § 11 (part); prior code § 40.18)
5.40.190 Permit required.
It is unlawful for any person to purchase any air rifle or air gun, or any toy in the nature of a firearm in which any explosive substance can be used without first securing from the chief of police a permit to do so. Before any such permit is granted, an application in writing shall be made therefor, setting forth the name, address, age, height, weight, complexion, nationality, and other elements of identification of such person desiring such permit.
(Ord. 98-7-3 § 11 (part); prior code § 40.19)
HANOVER PARK
Sec. 66-18. Air rifles.
(a)
Definition. “Air rifle” means and includes any air gun, air pistol, spring gun, spring pistol, BB gun, pellet gun or any implement that is not a firearm which impels a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
(b)
Regulations.
(1)
It is unlawful for any person to carry or possess on or about his person within the corporate limits of the village any loaded or uncased air rifle;
(2)
It is unlawful for any person to discharge any air rifle from or across any street, sidewalk, road, highway, or public land or any public place except on a safely constructed target range.
(c)
Permissive possession. Notwithstanding any provisions of subsection (b), it is lawful for any person to have in his possession any air rifle if it is:
(1)
Kept within his house or residence or other private enclosure;
(2)
Used by any person who is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult and then only if said air rifle is actually being used in connection with the activities of said club, team or society under the supervision of a responsible adult;
(3)
Used in or on any private grounds or residence under circumstances when such air rifle is fired, discharged or operated in such a manner as not to endanger persons or property and then only if it is used in such manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residence.
(d)
Seizure. A police officer of the village shall seize, take, or remove any air rifle used in any manner in violation of this chapter.
(Code 1975, § 18-17; Ord. No. O-82-68, § 17, 10-7-1982)
HARWOOD HEIGHTS
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
HAZEL CREST,
Sec. 20-79. – Unlawful use of weapons.
(a)
Any person who knowingly:
(1)
Sells, manufactures, purchases, possesses or carries any bludgeon, blackjack, slingshot, sandclub, sandbag, metal knuckles or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife;
(2)
Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, or any other dangerous or deadly weapon or instrument of like character;
(3)
Carries on or about his person or in any vehicle a tear gas gun projector or bomb or any object containing noxious liquid gas or other like substance;
(4)
Carries concealed in any vehicle or concealed on or about his person, except when on his land or in his own abode or fixed place of business, any pistol, revolver or other firearm;
(5)
Sets a spring gun;
Sec. 20-80. – Discharge of weapons.
No person shall fire or discharge any cannon, gun, revolver, pistol, fowling piece or other firearm or any air gun or toy pistol on which percussion caps are used, within the village, except in a rifle or revolver range under the supervision of the police department.
HIGHLAND
Sec. 42-182. – Discharge of firearms.
It is unlawful for any person to discharge or fire any type of gun or weapon within the city limits, regardless of whether the charge be propelled by compressed air, gas, powder, spring or any other means, except upon premises used by a duly licensed gun club, shooting gallery or rifle club or except in areas designated and declared by ordinance by the city council of this city as hunting zones on or about this city’s Highland Silver Lake at the time and in the manner provided in subsection (c) of section 42-181 of this Code. This section does not apply to the discharge of firearms by police or other city officers in the discharge of their duties or to persons acting in self-defense in accordance with law.
(Code 1976, § 9.66.010; Ord. No. 1786, § 2, 11-6-95)
Cross reference— Hunting regulations in Silver Lake area, § 46-36.
HINCKLEY
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
HOFFMAN ESTATES
Sec. 7-5-2. Discharging firearms.
No person shall fire to discharge, within the Village, any cannon, gun pistol, rifle, or any gun which discharges projectiles either by air, spring device, explosive substance or any other force.
A.
The discharging of firearms upon national holidays, and in the celebration of other public and general events by use of blank cartridges by persons so authorized; or
B.
The discharging of firearms by any Village officer, or other person in the discharge of his lawful duties when the same is done in such a manner as to not endanger any citizen or property, shall not be deemed a violation of this section.
Sec. 7-5-3. Discharging toy firearms.
No person shall at any time discharge or set off anywhere within the Village or have in his possession for such purpose any toy firearm, air rifle, toy cannon or gun that discharges projectiles constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
JACKSONVILLE
Sec. 25-40. – Regulations on firearms.
No person shall fire or discharge any firearm of any description within the limits of Zones A, B, C, D or E except the police officers of the city in the performance of their duties, and any shooting range which the city may hereafter establish by resolution. The city may license or authorize any person to use firearms, traps or other means to destroy any predatory or otherwise undesirable animal, bird or aquatic life, or for the purpose of hunting migratory water fowl in the areas designated and as directed by the city, subject, however, to all state and federal laws and regulatory rules issued thereunder, unless otherwise designated by the city by resolution.
(Ord. No. 452, § 18, 8-3-42; Ord. No. 887, § 56, 10-19-59)
Cross reference— Discharging firearms or air or spring guns generally, § 18-22.
JOLIET
Sec. 32-4. – Discharge of toy firearms.
No person shall at any time discharge or set off anywhere within the city or have in his possession for such a purpose any toy firearm, air rifle, toy cannon or any gun which discharges projectiles either by air, spring, explosive substance or any other force.
(Ord. No. 3660, § 1; Code 1961, § 42-2)
KANKAKEE COUNTY
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
KINGSTON
Sec. 50-116. – Discharge of firearms.
(a)
It shall be unlawful for any person to discharge a firearm or air gun in the village, provided that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duties, nor to any person discharging a firearm when lawfully defending their person or property.
(b)
Any person violating the provision of this section shall be deemed guilty of a misdemeanor and upon conviction shall be subject to punishment as provided in section 1-16 of this Code.
(Code 1985, § 20.07)
Sec. 50-118. – Prohibitions as to weapons and dangerous instruments
(11)
Any pneumatic gun, pneumatic pistol, spring gun, spring pistol, pellet gun, pellet pistol, BB gun, or BB pistol which either expels a single globular or other geometric shaped projectile, not exceeding 0.18 inch in diameter, constructed of plastic, steel, lead or other hard materials; any paint ball gun or paint ball pistol which expels a breakable paint ball containing marking colors; with a force that may be reasonably expected to cause bodily harm.
(Ord. No. 2008-06, § 1, 6-16-2008)
LANSING
Sec. 26-11. Carrying weapons; minors.
It shall be unlawful for any person to carry or possess any dangerous or deadly weapon in violation of 720 ILCS 5/24, and it shall be unlawful for any person under the age of 18 to carry or possess any air gun, BB gun or replica of a gun, crossbow, or any other category I or category II weapon, as defined in 720 ILCS 5/33A-1, unless accompanied by his parent or guardian.
(Code 1969, § 17-132; Code 1982, § 20-12; Ord. No. 94-018, § 1, 9-6-1994)
State law reference— Unlawful possession of firearms and firearm ammunition, 720 ILCS 5/24-3.1.
Sec. 26-12. Discharging weapons; exceptions.
It shall be unlawful for any person to discharge any firearm or air gun, BB gun or any toy gun projecting lead or any missile in the village, except that the provisions of this section shall not apply to the following:
(1)A peace officer while in the performance of his duty or in training;
(2)Any person summoned by any such officer to assist in making arrests or preserving the peace while he is actually engaged in assisting such officer; or
(3)A person upon any premises duly authorized by the president and board of trustees for use as a shooting gallery, range, gun club or rifle club.
(Code 1969, § 17.133; Code 1982, § 20-13)
State law reference— Unlawful use of weapons, 720 ILCS 5/24-1.
LEBANON
ARTICLE V. – WEAPONS
Sec. 13-89. – Discharging firearms or air gun in city.
No person shall fire or discharge any firearms or air gun in the city without written permission from the chief of police, which permission shall prescribe the limits within which such firing may be done and may be revoked at any time after it has been granted.
Secs. 13-90—13-100. – Reserved.
LEMONT
9.40.020. – Discharging of firearms or air guns.
9.40.020. – Discharging of firearms or air guns.
(a)Except as provided herein, it is unlawful to discharge any firearms or air guns in the village.
(b)The chief of police may authorize the discharge of air guns as follows:
(1)An application, in writing, must be submitted to the chief of police who must contain the following:
a. The name, address and phone number of the club, team or society seeking the authorization, including primary contact person;
b. The exact dates, times and locations of when and where the discharge of the air guns is to occur;
c. The purpose of the club, team or society;
d. An operations and safety plan; and
e. A list of individual(s) primarily responsible for implementing the safety plan.
(2)The chief of police has the authority to approve or deny the application based upon the presence or absence of danger to the public health safety or welfare. If approved, the chief of police may impose conditions upon such approval to mitigate potential danger to the public health, safety or welfare. Such approval may be revoked or suspended by the chief of police at any time in the event the chief of police determines that there exists a danger to the public health, safety or welfare.
(3)The chief of police may establish rules and regulations consistent with the section.
(4)Any activity conducted at a facility in response to the approval of the chief of police as provided herein shall be done at the sole risk of the participants. In no event shall any liability be imposed upon the village or any of its officers or employees for any injury to person or damage to property arising from the discharge of an air gun at a facility approved by the chief of police.
(c)This section shall not be construed:
(1)To prohibit any officer of the law to discharge a firearm in the performance of such officer’s duty; or
(2)To prohibit any citizen to discharge a firearm when lawfully defending such person’s life or property.
(Code 1964, § 26.016; Code 1988, § 9.56.030; Ord. No. O-29-11, § 1, 4-11-2011)
LIBERTYVILLE
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
LIVINGSTON COUNTY, ILLINOIS
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
LOVES PARK,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
LYNWOOD,
ARTICLE IX. – WEAPONS
Sec. 70-296. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air rifle means any air gun pistol, paint ball gun, pellet gun, or any implement that is not a firearm but that impels or propels a breakable paintball, pellet, or other hard projectile at a force that is reasonably expected to cause bodily injury or damage to wildlife or property.
Ammunition means any self-contained cartridge, shot, bullet, projectile or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm, excluding, however:
(1)
Any ammunition exclusively designed for use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
(2)Any ammunition, designed exclusively for use with a stud or rivet driver or other similar industrial ammunition.
Antique firearm means:
(1)
Any firearm (including any firearm with a matchlock, flintlock, percussion cap or, similar type of ignition system) manufactured in or before 1898; and
(2)
Any replica of any firearm described in subsection (1) of this definition if such replica is not designed or redesigned for using ammunition.
Bow and arrow means any prime equipment used in archery or bow hunting, including, but not limited to, crossbows, arrows, or darts.
Firearm means any device including, but not limited to, pistols, handguns, air guns, air rifles, air pistols or short barrel rifles, shotguns, rifles, pneumatic guns, spring guns, BB guns, pellet guns, machine guns, rockets and any other device by whatever name known, which is designed to expel a projectile by the action of an explosion, expansion of gas or escape of gas, excluding however:
<!–[if !supportLists]–>(1) <!–[endif]–>Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
(2)
Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition;
(3)
An antique firearm which, although designed as a weapon, the state department of law enforcement finds by reason of the date of its manufacture, value, design and other characteristics is primarily a collector’s item and is not likely to be used as a weapon; or
(4)
Model rockets designed to propel a model vehicle in a vertical direction.
Machine gun means any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person, or any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches or any bomb, bombshell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles.
Minor means any individual under the age of 18 years.
Sell means any sale, gift, exchange, loan, rental or other transfer of firearms or ammunition or both, but does not include any of the following:
(1)
Acquisition of a firearm or ammunition or both as the executor, administrator or other legal representative of a decedent’s estate;
(2)
Transfer of a firearm or ammunition or both by bequest or intestate succession;
(3)
Acquisition or transfer of a firearm or ammunition or both by a trustee in bankruptcy in the administration of a bankrupted estate;
(4)
Return of a firearm or ammunition or both to a person from whom it was received;
(5)
Transfer of a firearm or ammunition, or both, where it is required by or in accordance with a judgment or decree of any court of lawful jurisdiction;
(6)
Transfer of a firearm or ammunition, or both, to any federal, state or local government, or any, department, agency, bureau, institution or commission thereof;
(7)
Transfer of a firearm or ammunition, or both, to a private museum, society, institution or other private organization which customarily acquires and holds firearms as curios or relics or for scientific or research purposes; or
(8)
Loan or rental of a firearm solely for the purpose of target shooting upon a lawful pistol range or other lawful target range.
Slingshot means any device of any kind, shape, or size that utilizes a spring or elastic band, alone or in conjunction with a physical act, to propel a projectile.
Stun gun or taser means:
(1)
Any device which is powered by electrical charging units such as batteries and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out current capable of disrupting the person’s nervous system in such a manner as to render him incapable of normal functioning; or
(2)
Any device that is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person’s nervous system in such a manner as to render him incapable of normal functioning.
Weapon means any firearm, knife, air rifles or pistols, sling shots, bows and arrows, spears or other devices used or intended to be used to cause damage, injury, or death to any person or animal.
Sec. 70-297. – Unlawful use of weapons.
(a)
A person, who is not authorized by law, commits the offense of unlawful use of weapons when he knowingly:
(1)
Sells, manufactures, purchases, possesses or carries any bludgeon, blackjack, slingshot, sand club, sandbag, metal knuckles, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas;
(2)
Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character;
(3)
Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a nonlethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older;
(4)Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business, any pistol, revolver, stun gun, taser or other firearm;
(5)Sets a spring gun;
(6)Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm;
(7)Sells, manufactures, purchases, possesses or carries a machine gun;
(8)Carries or possesses any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by the village or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted;
(9)Carries or possesses in a vehicle or on or about his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity;
(10)Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of the village any pistol, revolver, stun gun, taser or other firearm, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode or fixed place of business; or
(11)Sells, manufactures or purchases any explosive bullet. For purposes of this section, the term “explosive bullet” means the projectile portion of an ammunition cartridge that contains or carries an explosive charge that will explode upon contact with the flesh of a human or an animal. The term “cartridge” means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap.
(b)The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in this section is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument, or substance is found, except under the following circumstances:
(1)If such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or
(2)If such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver.
Sec. 70-298. – Exceptions to section 70-297.
The provisions of section 70-297 shall not apply to:
(1)Peace officers or any person summoned by any such officers to assist in making arrests or preserving the peace while he is actually engaged in assisting such officer;
(2)Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty or commuting between their homes and places of employment;
(3)Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty;
(4)Special agents employed by a railroad to perform police functions, or employees of a detective agency, watchman-guard or patrolman agency, licensed by the state, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment;
(5)Agents and investigators of the state crime investigating commission authorized by the commission to carry weapons, while on duty in the course of any investigation for the commission;
(6)Manufacture or transportation of weapons which are not immediately accessible to any person; sale of weapons to persons authorized under law to possess them;
(7)Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by an agency certified by the state department of professional regulation who have documentation on their person, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983 (225 ILCS 445/1 et seq.), while actually engaged in the performance of the duties of their employment;
(8)Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least five persons registered with the state department of professional regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the state department of professional regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons;
(9)
Agents and investigators of the state legislative investigating commission authorized by the commission to carry the weapons while on duty in the course of any investigation for the commission;
(10)
Persons employed by a financial institution for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the state department of professional regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons;
(11)Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his duties;
(12)Investigators of the office of the state’s attorneys appellate prosecutor authorized by the board of governors of the office of the state’s attorneys appellate prosecutor to carry weapons pursuant to the State’s Attorneys Appellate Prosecutors’ Act (725 ILCS 210/1 et seq.);
(13)Special investigators appointed by a state’s attorney under section 3-9005 of the counties code (55 ILCS 5/3-9005);
(14)Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while such members are using their firearms on such target ranges;
(15)Duly authorized military or civil organizations while parading, with the special permission of the governor;
(16)Licensed hunters or fishermen while engaged in hunting or fishing;
(17)Transportation of weapons broken down in a nonfunctioning state; or
(18)Persons who are defined in such other exceptions as may be approved by the state general assembly.
(Code 1985, § 21-30-A.2)
Sec. 70-299. – Discharge of weapons.
No person shall fire or discharge within the village any cannon, anvil, gun, pistol, air rifle, air gun, spring pistol, or other firearm or device, calculated or intended to propel or project a bullet, pellet, arrow, or similar projectile. This section shall not be construed to prohibit:
(1)Any officer of the law from the discharge of a firearm in the performance of his duty;
(2)Any citizen from the discharge of a firearm when lawfully defending his person or property;
(3)
The discharge of firearms, the setting off or exploding of firearms, and the making of bonfires upon national holidays and in the celebration of other public and general events;
(4)
The discharge of blank cartridges by a military company when on parade and in command of the commanding officer; or
(5)
The discharge of weapons at a licensed shooting range or gallery by adults or by minors supervised by a parent or guardian or by an adult supervisor designated by the parent or guardian.
(Code 1985, §§ 21-31, 21-32)
Sec. 70-300. – Unlawful possession of firearms or ammunition.
A person commits the offense of unlawful possession of firearms or firearm ammunition when:
(1)He is under 18 years of age and has in his possession any firearm of a size that may be concealed upon the person;
(2)He is under 21 years of age, has been convicted of an offense other than a traffic offense or adjudged delinquent and has any firearms or firearm ammunition in his possession;
(3)He has been convicted of a felony under the laws of this or any jurisdiction within five years from release from the penitentiary or within five years of conviction if penitentiary sentence has not been imposed, and has any firearms or firearm ammunition in his possession;
(4)He is a narcotic addict and has any firearms or firearm ammunition in his possession;
(5)He has been a patient in a mental hospital within the past five years and has any firearms or firearm ammunition in his possession;
(6)He is mentally retarded and has any firearms or firearm ammunition in his possession; or
(7)He has in his possession any explosive bullet.
MARSHALL, ILLINOIS,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
MASCOUTAH,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
McCook,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
McCULLOM LAKE,
ARTICLE I. IN GENERAL
Sec. 8-3. Discharge of firearms.
It shall be unlawful for any person to discharge any firearm or air gun in the village; provided that this section shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his duty, nor to any citizen to discharge a firearm when lawfully defending his person or property.
(Ord. No. 16, § 3, 2-13-56)
Sec. 8-1. Penalty.
Except as otherwise provided herein, a person convicted of a violation of this chapter shall be fined not less than $25.00 nor more than $500.00.
(Ord. No. 98, § 20, 1-22-73)
MELROSE PARK,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
METAMORA,
Chapter 9.16 – WEAPONS
Sections:
9.16.010 – Prohibition—Violation—Penalty.
9.16.010 – Prohibition—Violation—Penalty.
It is unlawful for any person or persons within the limits of the village to discharge or shoot any air rifle, air pressure gun, sling shot or any other mechanical device with hard hitting power. Every person violating the provisions of this section shall be subject to penalties as prescribed by Title 1 of this code.
(Ord. 2003-2 § 7, 2003: Ord. dated 4/1/47)
MONMOUTH,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
MONTGOMERY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).
MORRIS,
CHAPTER 9.72. CARRYING CONCEALED WEAPONS—DISCHARGE OF FIREARMS
.72.010. Unlawful to carry concealed weapons.
It is unlawful to carry any concealed weapons in the city in violation of the laws of the state.
(Prior code § 25.0100)
9.72.020. Unlawful to discharge firearms—Exceptions.
A.
It is unlawful to discharge any gun, pistol, rifle, cannon, pellet gun, BB gun, air rifle, air pistol or other firearm which discharges any solid projectile either by air, spring device, explosive substance or any other force within the corporate limits of the City of Morris.
B.
The provision of Subsection A. of this section shall not apply to the discharge of any gun, pistol, rifle or other firearm by the members of any federal, state, municipal, county or other government police force for training purposes. Further, the provisions of this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his or her duty, nor to any citizen in discharging a firearm when lawfully defending his or her person or property.
(Ord. 3733 § 2, 2007: prior code § 25.0110)
9.72.030. Violation—Penalty.
Any person, firm or corporation violating any provision of this chapter shall be fined not less than one hundred dollars, nor more than seven hundred fifty dollars for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Whenever a monetary fine is assessed by the court pursuant to this Code, the court is further expressly authorized by the City of Morris to use dispositions including, but not limited to, court supervision, deferred judgment, conditional discharge, and suspended sentence.
(Prior code § 25.0280 (Part); Ord. No. 3891, § 1, 2-6-2012)
FOOTNOTE(S):
State Law reference— Provisions prohibiting carrying a concealed weapon, 720 ILCS 5/24-1; for provisions authorizing municipal restrictions on the possession of firearms, 430 ILCS 65/14.
MORRISON,
DIVISION 2. WEAPONS [2]
Sec. 36-78. Discharging air guns and kindred devices prohibited; exception.
No person shall be permitted to fire or discharge upon any public way in the city any air gun, bow, sling, slingshot, spring gun or toy gun, or other similar device which is calculated or intended to propel or project a bullet, arrow, or similar projectile. Nothing in this section shall prevent the use of such weapons in shooting galleries, or in any private grounds or residence where the projectile fired or discharged from any such gun or device will not traverse any space used as a public way.
(Prior Code, § 392; Code 1977, § 9.76.020)
Sec. 36-398. Possession of firearms by minors prohibited.
It is unlawful for any person to permit, suffer, or allow any minor to handle or have in his possession within the city any cannon, gun, pistol, or any toy gun or cannon, or toy pistol or air gun, or any other similar weapon, or any firearm of any description, which is a deadly weapon, or which, if discharged, is of sufficient force or power to inflict bodily injury. No person shall sell, loan or furnish to any minor any gun, pistol, fowling piece, or other firearm.
(Prior Code, § 282; Code 1977, § 9.76.070)
MOUNT CARMEL,
ARTICLE V. – WEAPONS
Sec. 16-99. – Discharging firearms or air gun in city.
No person shall fire or discharge any firearms or air gun in the city without written permission from the chief of police, which permission shall prescribe the limits within which such firing may be done and may be revoked at any time after it has been granted.
(1947 Rev. Ords., § 8-1)
MUNDELEIN,
Chapter 9.16 DISCHARGING WEAPONS
9.16.010 Discharging weapons prohibited—Exceptions.
It is unlawful for any person or persons to discharge or fire at any time, any cannon, shotgun, rifle, pistol, air rifle, air pistol of any description, bow and arrow, cross-bow or pointed arrow within the corporate limits of the village, except within a licensed shooting gallery or a shooting gallery approved by the chief of police of the village of Mundelein, provided, however, such approval shall be given if the gallery has proper visibility and that there is no danger of ricochet and it is conducted in an enclosed area. Except a resident or guest of the Loch Lomond Homeowners Association may hunt fish in Loch Lomond Lake with a bow and tethered arrow provided that they are at least eighteen years of age, do so between sunrise to sunset and possess a valid fishing license issued by the Illinois Department of Conservation pursuant to 515 ILCS Article 20.
(Ord. 07-06-40 § 1: Ord. 98-3-6 § 1: Ord. 62-12-23 § 1)
9.16.020 Discharging weapons by explosives.
It is unlawful for any person or persons to discharge any bullet, projectile or pellet by the use of explosives, whether fired from any cannon, shotgun, rifle, air rifle and/or air pistol, whether by striking or hitting the bullet, projectile or pellet, or by the use of any other mechanical means.
(Ord. 62-12-23 § 2)
9.16.030 Penalty for violations.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not less than fifty dollars nor more than five hundred dollars. Each day such violation is committed shall constitute a separate offense and shall be punishable as hereunder.
(Ord. 07-06-40 § 2: Ord. 98-3-6 § 3: Ord. 62-12-23 § 3)
NAPERVILLE,
CHAPTER 2 GENERAL OFFENSES (Title 10, Police Regulations).
10-2-1-1: DISORDERLY CONDUCT:
A person commits disorderly conduct when he knowingly:
7.
Carries in a threatening or menacing manner, without authority of law, any firearm, rifle, shotgun, machine gun, pistol, revolver, dagger, razor, dangerous knife, stiletto, knuckles, slingshot, billy, stun gun or taser, crossbow, common or compound bows, underwater spear gun, black-jack, sand-club, sand-bag, throwing star, nunchakus, broken bottle or other piece of glass, air gun, air pistol, spring gun, spring pistol, BB gun, paint ball gun, pellet gun or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors, or a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm, look-alike weapon which by its appearance, including shape, color, size, markings or lack thereof, or any other identifying physical characteristics, would lead a reasonable person to believe that the object is a weapon which could cause bodily harm, an object containing noxious or deleterious liquid, gas or substance or other dangerous weapon; or
(Ord. 95-71, 4-5-1995)
NEOGA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
NEW LENOX,
DIVISION 2. HUNTING AND TRAPPING
Sec. 54-211. Prohibited; possession of loaded weapon.
(a)Prohibited acts.
(1)
It shall be unlawful for anyone to do any of the following acts within the corporate limits of the village:
a. Hunt, with or without the aid of a weapon or other device, any animal.
b. Trap, with or without the aid of a trap or other device, any animal.
c. Possess or display any loaded weapon.
(2)
For purposes of this section, the term “weapon” shall mean any BB gun, pellet gun, firearm, pistol, revolver, rifle, shotgun, stun gun, taser, slingshot or bow and arrow.
(c) Penalty. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, punishable by a fine of not less than $25.00 and not more than as provided in section 1-9
(c)
Penalty. In addition to all other remedies, any person who violates, disobeys, omits, neglects or refuses to comply with any provision of this section shall be sentenced as provided in section 1-15 of this Code for each offense.
(Code 1981, §§ 4-8-1—4-8-3; Ord. No. 2192, § 17, 8-22-2011)
NILES,
ARTICLE IX. WEAPONS AND FIREARMS
(Code 1965, § 22-41)
Sec. 66-228. Discharging.
It shall be unlawful for any person to fire or discharge any gun, pistol or other firearm, or any air gun, air rifle, air pistol, BB rifle, BB pistol, gas gun, spring-operated gun, toy pistol, toy rifle, peashooter or other gun or object from which projectiles are propelled, or to shoot a bow and arrow within the corporate limits of the village unless within a licensed shooting gallery.
(Code 1965, § 22-42)
State law reference— Deadly weapons, 720 ILCS 5/24-1 et seq.
Sec. 66-231. Selling; furnishing firearms to minors.
It shall be unlawful for any person to sell, give, loan or furnish to any minor under the age of 18 years any gun, pistol, rifle, revolver or other firearm within the corporate limits of the village.
(Code 1965, § 22-45)
Sec. 66-232. Selling; furnishing other weapons to minors.
(a)
It shall be unlawful for any person to sell, give, loan or furnish to any minor under the age of 18 or for any such minor to possess within the corporate limits of the village any air gun, air rifle, air pistol, BB rifle, BB pistol, gas gun, toy pistol, toy rifle, peashooter or other gun or object from which a projectile is propelled; any knife, the blade of which is longer than three inches; or any bow and arrows.
(b)
It shall be unlawful for any person to sell, exhibit for sale, give, loan, rent or possess within the village any gun or firearm of every kind and description which fires pellets containing paint, dye, powder or any other substance.
(c)
It shall be unlawful for any person to sell, exhibit for sale, give, loan, rent or possess within the village pellets containing paint, dye or any other substance, which pellets are designed, or readily adapted, to be fired from a gun or firearm.
(d)
It shall be unlawful for any person to sell, exhibit for sale, give, loan, rent or possess within the village any replica or facsimile of a gun or firearm. The provisions of this section shall not apply to any replica or facsimile firearm which, because of its distinct color, size or other design feature, cannot reasonably be perceived as a real firearm. The expression “replica or facsimile of a firearm” shall mean any device or subject made of plastic, wood, metal, or any other material which is a replica, facsimile, or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm. As used in this section, the expression “replica or facsimile of a firearm” shall include, but is not limited to, toy guns, movie props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms, or any other device which might reasonably be perceived to be a real firearm.
(e)
Parents or legal guardians of minors who damage or deface property by the use of guns or firearms, as described in this section, shall be liable for damages.
(Code 1965, § 22-46)
State law reference— Parental responsibility law, 740 ILCS 115/1 et seq.
Sec. 66-237. Penalty for violation.
(a)
Any person who violates any provision of this section shall be guilty of a class B misdemeanor.
(b)
Each calendar day that any violation of this section is repeated or continued shall constitute a separate offense.
(Code 1965, § 22-48(d)
NORRIDGE,
ARTICLE VIII. WEAPONS DEALERS – Norridge, Illinois – Code of Ordinances
Sec. 22-361. – Definitions.
The following words, terms and phrases as used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Air rifle means and includes any pneumatic gun, air gun, air pistol, spring gun, spring pistol, B-B gun, paintball gun, pellet gun or any similar device which uses a spring, pneumatic device, compressed air or compressed gas to impel a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm. Paintball guns are defined separately herein.
4.
Any air rifle, pneumatic gun, spring gun, paintball gun or B-B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors.
Licensee means a person granted a license as a weapons dealer by the village pursuant to the Code.
Paintball gun means any air gun, air pistol or similar device that is designed and intended to use compressed air or gas to discharge a globular projectile filled with paint or similar marking liquid, or another liquid or substance.
ARTICLE IV. OFFENSES INVOLVING PUBLIC SAFETY – Norridge, Illinois – Code of Ordinances
Sec. 62-102. – Discharging firearms.
A.
No person shall fire or discharge within the village any cannon, anvil, gun, pistol, rifle or any gun that discharges projectiles either by air, spring, explosive substance or any other force.
B.
The provisions of subsection A. of this section do not prohibit:
1.
The use of weapons in self-defense or defense of others; and
2.
The use of weapons by law enforcement officers and members of the armed forces of the United States or National Guard while engaged in official duties as such.
(Code 1972, ch. 18, art. 2, § 51)
NORTH AURORA,
Chapter 9.28 WEAPONS North Aurora, Illinois Code of Ordinances
9.28.010 Unlawful use of weapons.
9.28.040 Air rifles, blow gun/dart gun, paintball guns/marker, bows and arrows and sling shots.
A.
Definitions.
1.
“Air rif1e” means and includes any air gun, air pistol, spring gun, spring pistol, BB gun, pellet gun, air soft gun or any similar device that is not a firearm which impels or propels a BB, pellet or similar object constructed of hard plastic, lead, steel or other hard materials or similar projectile with a force or impact that is reasonably expected to cause bodily harm or property damage.
2.
“Barrel plug” means, for a paintball gun/marker, a plug designed for the purpose of capping off the barrel of the paintball gun/marker by pressure or otherwise preventing the discharge of any paintball or other projectile from the paintball gun or marker when not in use.
3.
“Barrel sock” means, for a paintball gun/marker, a fitted device designed for the purpose of fitting into the barrel of the paintball gun/marker in order to prevent the discharge of any paintball or other projectile from the paintball gun or marker when not in use.
4.
“Blow gun” or “dart gun” means any tube, barrel V shaft, or similar device including spear guns, which are designed, intended or used as a means to project darts, pellets, BBs, or other similar sharp or hard objects by air pressure, spring, elastic band, or by other force.
5.
“Bow and arrow” means any prime equipment that may be used in archery or hunting including, but not limited to, crossbows, compound bows, arrows or darts.
6.
“Firing device” means any air rifle, blow gun/dart gun, bow and arrow, paintball gun/marker or slingshot.
7.
“Gassed off” means, for a paintball gun/marker, in a state in which the force from the pressure tank or cartridge is disconnected or shut off from the barrel of the paintball gun/marker, whether by removing the pressure tank or cartridge, or by tripping a device to disconnect the pressure from the pressure tank or cartridge.
8.
“In loco parentis” means standing legally in relation to a minor with parent-like authority.
9.
“Minor” means any person under the age of eighteen (18).
10.
“Paintball gun” or “marker” means and includes any gun, pistol, spring gun, spring pistol or any instrument that is not a firearm, which impels or propels a pellet or other projectile constructed of plastic or other material containing paint or similar substance.
11.
“Pressure tank” or “cartridge” means a tank or cartridge containing carbon dioxide, nitrogen, air or other gas, designed, intended or used to create pressure for the firing of a projectile from a paintball gun/marker, air rifle or similar device.
12.
“Projectile” means any pellet, whether plastic or metal, BB, dart, arrow, spear, paintball, or other similarly hard, sharp, or staining object that is designed, intended or used for the purpose of being projected by force out of or from an air rifle, blow gun/dart gun, bow and arrow, paintball gun/marker, or slingshot.
13.
“Sling shot” means any device of any kind, shape or size that utilizes a spring, elastic band or similar device, alone or in conjunction with a physical act, to propel a projectile.
B.
Sale or Transfer to Minors.
1.
It is unlawful for any person to sell, lend, rent, give or otherwise transfer to any minor a firing device, a projectile designed, intended or used for discharge from a firing device or a pressure tank or cartridge designed, intended or used to discharge a projectile from a firing device.
2.
It is unlawful for any person to fill for a minor any pressure tank or cartridge with carbon dioxide, nitrogen, air, or other substance designed, intended or used in conjunction with a firing device.
3.
For purposes of this subsection B of this section, it shall be the affirmative obligation of a person selling any firing device or projectile, or filling any pressure tank or cartridge to make reasonable inquiry regarding the age of the person to whom or for whom such action is being taken; and if such person does not make reasonable inquiry regarding the age of the person for whom the action is being taken, it shall be no defense to a charge of a violation of this section the person charged was not aware that the person to whom or for whom the action was taken is a minor.
C.
Exception to Sale or Transfer to Minors.
Notwithstanding subsection B above, it shall not be unlawful for any person to:
1.
Sell, give, lend or otherwise transfer any of the items described in subsection (B)(1) and subsection (B)(2) above to a minor if such person is the parent, guardian, instructor or teacher of the minor, or otherwise stands in loco parentis to the person under eighteen (18) years of age, or if the minor is accompanied by and has the permission of a parent, guardian, instructor or teacher or person standing otherwise in loco parentis to the minor.
2.
Fill a pressure tank or cartridge for a minor if the person is the parent, guardian, instructor or teacher of the minor, or otherwise stands in loco parentis to the minor, or to a minor if accompanied by a parent, guardian, instructor or teacher, or a person standing otherwise in loco parentis to the minor.
D.
Possession of Air Rifles, Blow Gun/Dart Gun, Sling Shots, Bows and Arrows and Paintball Guns/Marker.
1.
It is unlawful for any person to possess or carry, concealed or not concealed, any air rifle, blow gun/dart gun, paintball gun/marker, sling shot or bow and arrow on or about one’s person or within a motor vehicle, except on one’s own property, place of abode or fixed place of business, unless:
a.
In the case of air rifles, it is broken down in a non-functioning state, if possible, not immediately accessible, unloaded and enclosed in a case, firearm carrying box, shipping box, or other enclosed container;
b.
In the case of paintball guns/markers, it is gassed off, containing a barrel plug or barrel sock, not immediately accessible unloaded and enclosed in a case, shipping box, or other enclosed container;
c.
For bows and arrows, slingshots, and blow guns/dart guns, it is not immediately accessible, unloaded, and with the firing device and projectiles in separate enclosed in cases, shipping boxes, or other enclosed containers.
2.
It shall be unlawful for any minor to possess any air rifle, blow gun/dart gun, sling shot, bow and arrow or paintball gun/marker at any time, except within the minor’s own residence or when accompanied by an adult who is the minor’s parent, legal guardian, instructor or person standing in loco parentis or when directly and immediately supervised by any other adult with the express permission of the minor’s parent, legal guardian, teacher, instructor, or person standing in loco parentis to the minor.
E.
Discharge of Air Rifles, Blow Gun/Marker, Bows and Arrows, Sling Shots and Paintball Guns/Marker.
It is unlawful for any person to discharge any air rifle, blow gun/marker, bow and arrow, sling shot or paintball gun/marker within the municipal boundaries of North Aurora:
1.
On public property;
2.
On or across the private property of another person except:
a.
When the activity is conducted on an indoor or outdoor target range approved by the North Aurora Building Commissioner in compliance with the National Rifle Association guidelines for the particular type of range; or
b.
With the express permission of the property owner or lawful occupant and provided that no projectile is discharged off the premises, over, across or onto another premises.
3.
On one’s own private property provided that the discharge is contained completely on the property and no projectile is discharged off the premises, over, across or onto another premises;
4.
By a minor except under the direct and immediate supervision of a parent, legal guardian, adult instructor, or other person standing in loco parentis to the minor.
F.
Any police officer is authorized to seize, take, remove or cause to be removed, at the expense of the owner or user thereof, any air rifle, blow gun/marker, sling shot, paintball gun/marker, or bow and arrow sold, used or possessed in any manner in violation of this section.
G.
It shall be unlawful for any person to represent falsely that one’s age is eighteen (18) years or older in connection with the possession, discharge or transfer of an air rifle, blow gun/marker, slingshot, bow and arrow or paintball gun/marker.
H.
Notwithstanding any provision herein to the contrary, the following shall be unlawful under any circumstances:
1.
The retail sale or other transfer, possession, or discharge of any paintball containing iodine or other staining substance, except within an indoor, controlled commercial arena;
2.
The firing of any projectile at or unreasonably close to any person except for the discharge of paintballs in a controlled, commercial arena with use of appropriate safety gear; and
3.
The discharge of any marble, pellet, BB, or other hard or sharp projectile, other than non-staining paintballs that are commercially available at local retail stores, from any paintball gun/marker.
I.
This section shall not apply to any police officer engaged in authorized police training or any other authorized police activity.
J.
All target ranges in the village are subject to inspection for compliance with the National Rifle Association standards for such target ranges once per calendar year at any time during the business hours of the village.
K.
Penalty.
1.
Any person found to be in violation of this section shall be guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50.00), nor more than seven hundred fifty dollars ($750.00). Each separate incident shall be deemed a separate offense, and each offense shall be considered a separate violation subject to a separate fine.
2.
In addition to any fines imposed for violation of this section, any person who violates this section shall be held responsible to pay for any property damage caused by, or related to, the violation of this section.
(Ord. 03-06-09-01 §§ 1—12: Ord. 82-1 § 17)
NORTH CHICAGO,
CHAPTER 24 GENERAL OFFENSES North Chicago, Illinois Code of Ordinances
8-24-10: DISCHARGE OF FIREARMS:
It shall be unlawful to discharge any firearm, air gun, BB gun or any type of gun that propels by force any type of object in the City; provided, that this Section shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his duty, nor to any citizen to discharge a firearm when lawfully defending his person or property.
(7-6-1976)
NORTH RIVERSIDE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
NORTHBROOK,
ARTICLE III. OFFENSES AGAINST PUBLIC SAFETY – Northbrook, Illinois – Code of Ordinances
Sec. 17-40. – Possession of weapons by persons under eighteen years of age.
It shall be unlawful for any person under eighteen (18) years of age, within the village limits, to possess any:
(1)
Air gun, BB guns, paint ball gun, gas operated gun, spring gun; or
(2)
Bowie, switchblade, ballistic knives, throwing stars, other edged weapon, as defined by 720 ILCS 5/24-1(1), as amended; or
(3)
Metallic knuckles, numchucks, slingshot, ice pick; or
(4)
Stun gun, taser; or
(5)
Firearms or ammunition, as defined in Article XXII of Chapter 15 of this Code, except when such person is under the direct supervision of an adult that is (a) that person’s parent, guardian, or other individual having charge of that person and (b) a holder of a valid and current firearm owner’s identification card issued by the State of Illinois; or
(6)
Fireworks, as defined by 425 ILCS 30/2.
(Ord. No. 94-54, § 2, 11-8-94; Ord. No. 01-45, § 3, 5-22-2001)
Sec. 17-42. – Discharge of firearms.
It shall be unlawful for any person to discharge any firearm, air rifle or air gun in the village. This section shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his duty, nor to any citizen to discharge a firearm when lawfully defending his person or property.
(Code 1966, § 17.33)
OGLESBY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
OLYMPIA FIELDS,
ARTICLE I. IN GENERAL Olympia Fields, Illinois Code of Ordinances
Sec. 13-1. State offenses adopted.
(a)
Those portions of the Criminal Code of 1961 as now or hereafter amended [Ill. Rev. Stat. Ch. 38, para. 1-1 et seq.] that are misdemeanors or petty offenses are hereby adopted by reference as if set out at length in this Code.
(b)
The following acts of the Illinois General Assembly as now or hereafter amended are hereby adopted by reference as if set out in this Code:
An act prohibiting the sale or use of certain compounds for the purpose of inducing in the user an intoxicated condition. Laws 1965, p. 2718 approved and effective August 6, 1965 [Ill. Rev. Stat. Ch. 38, para. 81-1 et seq.];
An act providing protection for the public safety by regulating the sale, offering or exposing for sale at retail and the use of air rifles, defining air rifles, and imposing duties on the state police, sheriffs and police officers and providing penalties. Laws 1965, p. 2977, approved and effective August 13, 1965 [Ill. Rev. Stat. Ch. 38, para. 82-1 et seq.];
The Litter Control Act [Ill. Rev. Stat. Ch. 38, para. 86-1 et seq.].
Section 4.01 of the Humane Care for Animals Act [Ill. Rev. Stat. Ch. 8, para. 704.01]
Sec. 13-9. Hunting.
No person shall hunt with gun or dog in any street, highway, alley, thoroughfare, park or public grounds.
(Ord. No. 29, § 6, 8-31-27)
OREGON,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
PALOS HILLS,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
PANA,
Chapter 14 OFFENSES AND MISCELLANEOUS PROVISIONS – Pana, Illinois – Code of Ordinances
Sec. 14-3. – Discharge of firearms prohibited.
It shall be unlawful to discharge any firearm or air gun, BB gun, or any gun projecting lead or any missiles except in a regularly established shooting gallery. This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty; nor to prohibit any citizen from discharging a firearm when lawfully defending person or property.
(Code 1974, § 98.030; Ord. No. 791, § 1, 5-9-77
(g)
Penalties. Any person found guilty of violating any provision of this chapter shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00) for each offense. In addition to any fine imposed under this chapter, the offender shall be ordered to pay all of the costs and fees incurred by the city in prosecuting the violation, which shall include, but not be limited to, the costs associated with a court proceeding, service of process fees, and reasonable attorney’s fees.
(Ord. No. 1609, § I, 9-14-10)
PARK CITY,
Chapter 9.32 FIREARMS AND OTHER DANGEROUS WEAPONS Park City, Illinois Code of Ordinances
9.32.030 Discharging air guns or using other projectile weapons—Confiscation.
A. No person shall be permitted to fire or discharge on any street, public parkway, public alley or other public place or way in the city any air gun or air pistol, spring gun or spring pistol or other device, which is calculated or intended to propel or project a bullet, pellet, arrow or similar projectile.
B. In addition to any other penalty that may be imposed for violation of this section, weapons used in violation of this section shall be forfeited to and confiscated by the city.
PARK FOREST,
DIVISION 1. GENERALLY – Park Forest, Illinois – Code of Ordinances
Sec. 66-34. – Disorderly conduct.
It shall be unlawful for a person to commit any act of disorderly conduct. A person commits disorderly conduct when he knowingly:
been committed.
(10)
Carries in a threatening or menacing manner, without authority of law, any firearm, rifle, shotgun, machine gun, pistol, revolver, dagger, razor, dangerous knife, stiletto, knuckles, slingshot, billy, stun gun or taser, crossbow, common or compound bows, underwater spear gun, black-jack, sand-club, sand-bag, throwing star, nunchakus, broken bottle or other piece of glass, air gun, air pistol, spring gun, spring pistol, BB gun, paint ball gun, pellet gun or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors, or a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm, look-alike weapon which by its appearance, including shape, color, size, markings or lack thereof, or any other identifying physical characteristic, would lead a reasonable person to believe that the object is a weapon which could cause bodily harm, an object containing noxious or deleterious liquid, gas or substance or other dangerous weapon;
(Code 1966, § 21-6; Ord. No. 1873, § 1, 8-20-07)
State law reference— Similar provisions, 720 ILCS 5/26-1.
PEORIA,
Sec. 20-161. Discharging, etc., prohibited; exception.
(a)
No person shall fire or discharge any gun, pistol or other firearm within the city, except on premises used by a duly licensed shooting gallery, gun club or rifle club.
(b)No person shall be permitted to fire or discharge upon any public way within the city any air gun, spring gun or other similar device which is calculated or intended to propel or project a bullet, arrow or similar projectile; provided, however, that nothing in this article shall prevent the use of such weapons in shooting galleries or in any private grounds or residence, where the projectile fired or discharged from any such gun or device will not traverse any space used as a public way.
(Code 1957, § 41-1)
County of
PEORIA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
PERU,
ARTICLE VI. WEAPONS Peru, Illinois Code of Ordinances
Sec. 70-281. Unlawful use of weapons.
(a)
A person commits the offense of unlawful use of weapons, except in those instances and circumstances when a violation is declared to be a felony under 720 ILCS 5/24-1, when he knowingly:
Sec. 70-283. Unlawful use of air rifles.
(a)As used in this section:
Air rifle means and includes any air gun, air pistol, spring gun, spring pistol, B-B gun, paint ball gun, pellet gun, crossbow, or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors or, a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
(b)
It shall be unlawful for any person within the corporate limits of the city to discharge any air rifle.
(c)
It shall be unlawful for any person within the corporate limits of the city to carry any air rifle on the public streets, roads, highways or public lands within the city, unless such person carries such air rifle unloaded.
(d)
The provisions of this section shall not apply to any persons participating in any supervised event which has been approved by the chief of police and/or the city council of the city.
(Ord. No. 4448, § 1, 8-6-2007)
PHOENIX,
ARTICLE X. WEAPONS – Phoenix, Illinois – Code of Ordinances
Sec. 62-280. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air rifle means any air gun pistol, paint ball gun, pellet gun, or any implement that is not a firearm, but that impels or propels a breakable paintball, pellet, or other hard projectile at such force that is reasonably expected to cause bodily injury or damage to wildlife or property.
Firearm.
(1)The term “firearm” means any device including, but not limited to, pistols, handguns, air guns, air rifles, air pistols or short barrel rifles, shotguns, rifles, pneumatic guns, spring guns, BB guns, pellet guns, machine guns, rockets and any other device by whatever name known, which is designed to expel a projectile by the action of an explosion, expansion of gas or escape of gas.
(2)The term excludes, however:
a.
Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
b.
Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition;
c.
An antique firearm which, although designed as a weapon, the state department of law enforcement finds by reason of the date of its manufacture, value, design and other characteristics is primarily a collector’s item and is not likely to be used as a weapon; or
d.
Model rockets designed to propel a model vehicle in a vertical direction.
Minor means any individual under the age of 18 years.
Sell.
(1)
The term “sell” means any sale, gift, exchange, loan, rental or other transfer of firearms or ammunition or both.
Weapon
means any firearm, knife, air rifle or pistol, slingshot, bow and arrow, spear or other device used or intended to be used to cause damage, injury, or death to any person or animal.
Sec. 62-282. – Discharge.
No person shall fire or discharge within the village any cannon, anvil, gun, pistol, air rifle, or other firearm. This section shall not be construed to prohibit:
(1)Any officer of the law from discharge of a firearm in the performance of his duty;
(2)
Any citizen from discharge of a firearm when lawfully defending his person or property;
(3)
The discharge of firearms, the setting off or exploding of firearms, and the making of bonfires upon national holidays and in the celebration of other public and general events;
(4)
The discharge of blank cartridges by a military company when on parade and in command of the commanding officer; or
(5)
The discharge of weapons at a licensed shooting range or gallery by adults or by minors supervised by a parent or guardian or by an adult supervisor designated by the parent or guardian.
(Code 1971, § 130.010; Ord. No. 230A)
Sec. 62-283. – Discharge of toy firearms.
It shall be unlawful for any person at any time to fire, discharge or set off anywhere within the village or to have in his possession for such purpose any toy firearm, air rifle, toy cannon, or any gun that discharges projectiles either by air, spring, explosive, substance, or any other force.
PLAINFIELD,
ARTICLE I. IN GENERAL Plainfield, Illinois Code of Ordinances
(c)For the purposes of this section, “firearm” means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, excluding, however:
(1)Any pneumatic gun, spring gun, or BB gun which expels a single globular projectile not exceeding eighteen hundredths of an inch in diameter;
(2)Any device used exclusively for signaling or safety and required or recommended by the United States coast guard or the interstate commerce commission;
(3)Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition;
(4)
And an antique firearm (other than a machine-gun) which, although designed as a weapon, the department of state police finds by reason of the date of its manufacture, value, design, and
Sec. 6-26. Air rifles.
A person commits the offense of improper use of an air rifle when s/he:
(1)
Sells, lends, rents, gives or otherwise transfers an air rifle to any person under sixteen (16) years of age.
(2)
Carries or possesses any air rifle on any public land, unless such rifle is unloaded for the purpose of transportation, only by a person over eighteen (18) years of age.
(3)
Carries, possesses, or discharges any air rifle on any non-public, privately owned, property without permission of property owner.
(4)
Does not use due care and allows for discharged projectile to pass over private grounds or limits of such grounds or residence.
(5)
Allows on his private property any person under the age of sixteen (16) to use an air rifle without supervision of an adult, or person eighteen (18) years of age or older.
(6)
Uses an air rifle in a reckless manner, which may cause injury to a person or cause property damage.
This section shall not include use of an air rifle for competition, clubs, or organized events where safety rule and supervision is present.
(Ord. No. 2256, § I, 9-15-03) other characteristics is primarily a collector’s item and is not likely to be used as a weapon.
PONTIAC,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
RANTOUL,
Sec. 20-193. – Discharging firearms or air guns.
(a)
As used in this section:
Air gun means and includes any air rifle, air gun, air pistol, spring gun, spring pistol, BB gun, paint ball gun, pellet gun or any other implement that is not a firearm which impels a pellet constructed of plastic (hard or soft), steel, lead or other materials with a force that reasonably is expected to cause bodily harm or which discharges a globular projectile filled with paint or any similar marking liquid.
Firearm means and includes the meaning ascribed to it in section 1.1 of the Firearm Owners Identification Card Act (430 ILCS 65/1.1).
(b)
It shall be unlawful for any person to discharge any firearm or air gun within the village. The provisions of this section do not apply to:
(1)
Any law enforcement officer of the village or any other jurisdiction while engaged in the performance of such officer’s official duties;
(2)
Duly enrolled members of any club, team or society organized for educational purposes, having permission to use an indoor or outdoor target range, under the supervision, guidance and instruction of a responsible person not less than 21 years of age, and then only if actually being used in connection with the activities of such club, team or society; or
(3)
Any person who uses the firearm or air gun in an out of self-defense or the defense of another as defined in sections 7-1 and 7-2 of the Criminal Code of 1961 (720 ILCS 5/7-1 and 720 ILCS 5/7-2) when on his land or in his abode or fixed place of residence.
(Ord. No. 2102, § 18.7.2, 6-12-2007)
State law reference— Similar provision, 720 ILCS 5/24-3.2.
Sec. 20-194. – Carrying air gun.
It shall be unlawful for any person under the age of 21 years to carry any air gun (as defined in section 20-193) on any public street, roadway, highway or other public place within the village or on any private property within the village without the express consent of the owner, lessee or other person in control of such private property, unless such person carries such air gun unloaded in a case, carrying box, shipping box or other container.
(Ord. No. 2102, § 18.7.3, 6-12-2007)
ROCK FALLS,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
(720 ILCS 535/) (Air Rifle Act.)
ROCKFORD,
ARTICLE II. WEAPONS – Rockford, Illinois – Code of Ordinances
Sec. 19-51. – Shooting.
It shall be unlawful for any person to shoot, throw, cast or project, by means of any snippy-shot, slingshot, air gun or other device, any ball, bullet or other missile or projectile in any place within the city where any person or property is apt to be struck, or in any way injured thereby.
(Rev. Code. 1936, § 1284; Code 1955, § 28-2; Code 1970, § 19-51)
Sec. 19-52. – Furnishing bullets, pellets, arrows, etc., to minors.
It shall be unlawful for any person to sell, give or deliver any ammunition, ball, bullet, pellet, steel-tipped arrow or other missile or projectile to any person under the age of 18 years and it shall be unlawful for any person under the age of 18 years to obtain any ammunition, ball, bullet, pellet, steel-tipped arrow or other missile or projectile by purchase, sale or gift, or in any other manner.
(Code 1955, § 28-7; Code 1970, § 19-52; Ord. of 4-12-1937, § 1284(a); Ord. of 7-6-1954)
ROLLING MEADOWS,
Sec. 70-261. Discharging.
(a)
Prohibited. It shall be unlawful for any person to fire or discharge any gun, pistol or other firearm within the city, and it shall be unlawful to shoot or discharge any bow and arrow, BB gun, air gun or spring gun outside any completely enclosed premises. However, this subsection shall not apply to the premises of duly licensed shooting galleries, gun clubs or rifle clubs.
(b)
Penalty. Any person violating this section shall be punished as provided in section 1-8
(Code 1967, § 13-33)
State law reference— Unlawful use of weapons, 720 ILCS 5/24-1.
Sec. 70-262. Handling or possession by minors.
(a)
Prohibited. It shall be unlawful for any parent or guardian of any child under the age of 17 to permit, suffer or allow any such child to handle or have in his possession within the city any cannon, gun, pistol or any toy gun, toy cannon, toy pistol, air gun or any other similar weapon which if discharged is of sufficient force or power to inflict bodily injury.
(b)
Penalty. Any person violating this section shall be punished as provided in section 1-8
(Code 1967, § 13-36)
ROSELLE,
ARTICLE I. OFFENSES AGAINST ORDER – Roselle, Illinois – Code of Ordinances
Sec. 13-9. – Unlawful use of weapons.
It shall be unlawful to carry any concealed weapon in the village in violation of the laws of this state.
A person commits the offense of unlawful use of weapons when he knowingly within the village:
(1)
Sells, manufactures, purchases, possesses, or carries any bludgeon, club, blackjack, slingshot, sandclub, sandbag, metal knuckles, throwing star, numchucks, or any knife commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife; or
(2)
Carries any concealed bludgeon, club, blackjack, slingshot, sandclub, sandbag, metal knuckles, throwing star, numchucks, dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun, or laser or any dangerous or deadly weapon or instrument of like character; or
(3)
Carries or possesses with the intent to use the same unlawfully against another any of the aforesaid described weapons; or
(4)
Carries on or about his person or in any vehicle a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person eighteen (18) years of age or older; or
(5)
Carries on or about his person or possesses in any vehicle, except when he is on his own land or in his own abode or fixed place of business, any pistol, BB gun, pellet gun, revolver, stun gun, laser, or gun or device manufactured to propel paint pellets or dye pellets, or other firearm.
(Ord. No. 1799-89, § 1, 2-27-89)
Sec. 13-10. – Unlawful discharging of weapons.
It shall be unlawful to discharge any firearm, air gun, BB gun, pellet gun, crossbow, bow with pointed or blunt arrow, slingshot, paint pellet gun, dye pellet gun, or any other weapon used for hunting purposes in the village; provided that this section shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his duties; nor to prohibit any citizen to discharge a firearm when lawfully defending his person or property; nor prohibit any citizen from discharging a weapon loaded with blanks as a ceremonial salute during a licensed parade or at a veteran’s funeral.
(Ord. No. 1799-89, § 1, 2-27-89)
ROUND LAKE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
(720 ILCS 535/) (Air Rifle Act.)
ROUND LAKE BEACH,
CHAPTER 7. MISDEMEANORS – Round Lake Beach, Illinois – Code of Ordinances
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
(720 ILCS 535/) (Air Rifle Act.)
ROUND LAKE HEIGHTS,
CHAPTER 7. MISDEMEANORS – Round Lake Beach, Illinois – Code of Ordinances
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
(720 ILCS 535/) (Air Rifle Act.)
ROUND LAKE PARK,
AIR RIFLES Round Lake Park, Illinois Code of Ordinances
§ 137.10 DEFINITIONS.
For the purposes of §§ 137.10 through 137.16 the following words and phrases shall have the following meanings ascribed to them respectively.
AIR RIFLE. Any air gun, air pistol, spring gun, spring pistol, B.B. gun, paint ball gun, pellet gun, or any implement that is not a firearm, which impels a breakable paint ball containing washable marking colors or, a pellet constructed of hard plastic, steel, lead, or other hard materials with a force that reasonably is expected to cause bodily harm.
DEALER. Any person, co-partnership, association, or corporation engaged in the business of selling at retail or renting any of the articles included in the definition of AIR RIFLE.
(Ill. Rev. Stat., Ch. 38, § 82-l)(Am. Ord. 00-10, passed 8-15-00)
§ 137.11 SELLING, RENTING, OR TRANSFERRING TO CHILDREN; PROHIBITION.
(A)
It is unlawful for any dealer to sell, lend, rent, give, or otherwise transfer an air rifle to any person under the age of 13 years where the dealer knows or has cause to believe the person to be under 13 years of age or where the dealer has failed to make reasonable inquiry relative to the age of the person and the person is under 13 years of age.
(B)
It is unlawful for any person to sell, give, lend, or otherwise transfer any air rifle to any person under 13 years of age except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between the person and the person under 13 years of age, or where the person stands in loco parentis to the person under 13 years of age.
(Ill. Rev. Stat., Ch. 38, § 82-2) Penalty, see § 130.99
§ 137.12 CARRYING OR DISCHARGING.
(A)
It is unlawful for any person under 13 years of age to carry any air rifle on the public streets, roads, highways, or public lands within this village, unless the person under 13 years of age carries the rifle unloaded.
(B)
It is unlawful for any person to discharge any air rifle within the corporate limits of the village of Round Lake Park except on a safely constructed target range.
(C)
Any person convicted of violating this section shall pay a fine not to exceed $50 per each offense plus the costs of prosecution.
(Ill. Rev. Stat., Ch. 38, §§ 82-3, 87-7)(Am. Ord. 00-10, passed 8-15-00)
§ 137.13 PERMISSIVE POSSESSION.
Notwithstanding any provision of this chapter, it is lawful for any person under 13 years of age to have in his possession any air rifle if it is:
(A)
Kept within his house of residence or other private enclosure;
(B)
Used by the person under 13 years of age and he is a duly enrolled member of any club, team, or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult, and then only if the air rifle is actually being used in connection with the activities of the club, team, or society under the supervision of a responsible adult.
(Ill. Rev. Stat., Ch. 38, § 82-4)(Am. Ord. 00-10, passed 8-15-01)
§ 137.14 PERMISSIVE SALES.
The provisions of §§ 137.10 through 137.15 do not prohibit sales of air rifles:
(A)
By wholesale dealers or jobbers;
(B)
To be shipped out of the state;
(C)
To be used at a target range operated in accordance with Ill. Rev. Stat., Ch. 38, § 82-4 or by members of the Armed Services of the United States or veterans’ organizations.
(Ill. Rev. Stat., Ch. 38, § 82-5)
§ 137.15 SEIZURE AND REMOVAL.
Any police officer shall seize, take, remove, or cause to be removed at the expense of the owner, any air rifle sold or used in any manner in violation of this chapter.
(Ill. Rev. Stat., Ch. 38, § 82-6)
§ 137.99 PENALTY.
(A)
Whoever violates § 137.01 or § 137.04 shall be fined in an amount not less than $500.00 nor more than $750.00.
(B)
Whoever violates any provisions of this chapter for which another penalty is not specifically provided shall be fined not less than $75.00 nor more than $750.00.
(C)
A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
(Ord. No. 11-16, § XVIII, 8-23-11)
SALEM,
ARTICLE II. CURFEWS FOR MINORS – Salem, Illinois – Code of Ordinances
Sec. 13-26. – Established.
It shall be unlawful for a person less than eighteen (18) years of age to be present at or upon any public assembly, building, place, street or highway at the following times unless accompanied and supervised by a parent, legal guardian or other responsible companion, who is at least twenty-one (21) years of age and approved by a parent or legal guardian, or unless engaged in a business or occupation which the laws of the state authorize a person less than eighteen (18) years of age to perform:
(1)
Between 12:01 a.m. and 6:00 a.m. Saturdays;
(2)
Between 12:01 a.m. and 6:00 a.m. Sundays;
(3)
Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
Sec. 13-27. – Unlawful for parents, guardians to permit violations.
It shall be unlawful for a parent, legal guardian or other person to knowingly permit a person in his custody or control to violate section 13-26 of this article.
Sec. 13-28. – Firearms, air rifles, hunting and trapping.
(a)
It shall be unlawful to discharge any firearm at any place within the municipal limits, providing however, that this prohibition does not apply to peace officers and other enumerated in Section 5/24-2 of Chapter 720, Illinois Compiled Statutes. Other specific exceptions may also be authorized in advance by the chief of police.
(b)
For purposes of this section, “firearm” means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas; excluding however:
(1)
Any pneumatic gun, spring gun, paint ball gun or B-B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than seven hundred (700) feet per second or breakable paint balls containing washable marking colors;
(2)
Any device used exclusively for signaling or safety required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
(3)
Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition.
(4)
Any device used by an honor guard provided by the American Legion, Veterans of Foreign Wars (VFW), or any branch of the armed forces of the United States while used for the purpose of firing blanks at a funeral, memorial service or celebration.
(c)
It is unlawful for any person under thirteen (13) years of age to carry any air rifle on the public streets, roads, highways or public lands within the municipal limits unless such person under thirteen (13) years of age carries such rifle unloaded.
It is unlawful for any person to discharge any air rifle from or across any street, sidewalk, road, highway or public land or any public place except on a safely constructed target range, providing however, that this prohibition does not apply to peace officers and other enumerated in Section 5/24-2 of Chapter 720, Illinois Compiled Statutes.
(d)
For the purposes of this section, “air rifle” means and includes any air gun, air pistol, spring gun, spring pistol, B-B gun, paint ball gun, pellet gun or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors or, a pellet constructed of hard plastic, steel, or lead or other hard materials with a force that reasonably is expected to cause bodily harm.
(e)
It is unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air rifle to any person under the age of thirteen (13) years where the dealer knows or has cause to believe the person to be under thirteen (13) years of age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under thirteen (13) years of age.
It is unlawful for any person to sell, give, lend or otherwise transfer any air rifle to any person under thirteen (13) years of age except where the relationship of parent and child, guardian and ward or adult instructor and pupil, exists between such person and the person under thirteen (13) years of age, or where such person stands in loco parentis to the person under thirteen (13) years of age.
(f)
For the purposes of this section, “dealer” shall mean any person, co-partnership, association or corporation engaged in the business of selling at retail or renting any of the articles included in the definition of “air rifle.”
(g)
Notwithstanding any provision of this section, it is lawful for any person under thirteen (13) years of age to have in his possession any air rifle if it is:
(1)
Kept within his house of residence or other private enclosure;
(2)
Used by the person under thirteen (13) years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult and then only if said air rifle is actually being used in connection with the activities of said club, team or society under the supervision of a responsible adult; or
(3)
Used in or on any private grounds or residence under circumstances when such air rifle is fired, discharged or operated in such a manner as not to endanger persons or property and then only if it is used in such manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residence.
(h)
A police officer shall seize, take, remove or cause to be removed at the expense of the owner, any air rifle sold or used in any manner in violation of this section.
(i)
It shall be unlawful to hunt or trap any fur-bearing, game mammals, game birds, or migratory game birds, at any place within the municipal limits, provided however, that this prohibition does not apply to the Salem animal control officer or any member of the Salem Police Department while in the performance of their official duty.
(j)
For purposes of this section, “trap” means to capture or attempt to capture, by setting or placing a leg hold trap, cushion-hold trap, body gripping trap, cage or box trap, snare or other similar device to capture, hold or kill any protected wildlife.
(k)
“Fur-bearing mammals” means the following species: mink, muskrat, raccoon, striped skunk, weasel, bobcat, opossum, beaver, river otter, badger, red fox, gray fox and coyote.
(l)
“Game mammals” means the following specific species: cottontail, swamp, and jack rabbit, white-tailed deer, fox squirrel, gray squirrel and ground hog.
(m)
“Game birds” means the following specific species: bobwhite quail, Hungarian partridge, chucker partridge, ring-necked pheasant, and wild turkey.
(n)
“Migratory game birds” means the following specific species: morning dove, sora rail, Virginia rail, American woodcock, common snipe, American coot, ducks, geese and American crow.
(o)
Upon conviction of a violation of this section, the court shall assess a fine of not less than seventy-five dollars ($75.00) nor more than five hundred dollars ($500.00).
(Ord. No. 97-12, § I, 8-4-97)
Secs. 13-29—13-45. – Reserved.
ARTICLE I. IN GENERAL – Salem, Illinois – Code of Ordinances
Sec. 18-9. – Playing in streets and sidewalks.
(a)
No person shall play at ball, or raise or fly any kite in any part of the city other than in areas classified as residential under the zoning ordinance, nor shall any person ride a bicycle upon any sidewalk within the city under a penalty of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense.
(b)
No person shall discharge any target rifle or air gun upon any street or alley within the city.
(Code 1971, § 21.18)
Sec. 18-14. – Penalties.
Any person who violates any provision of this chapter for which a penalty is not specifically provided shall upon conviction be fined not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500.00) for each offense.
(Code 1971, § 21.23)
SANGAMON COUNTY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
(720 ILCS 535/) (Air Rifle Act.)
SAUK VILLAGE,
Subdivision III. Air Rifles Sauk Village, Illinois Code of Ordinances
Sec. 50-286. Definitions.
The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air rifle means any air gun, air pistol, spring gun, spring pistol, BB gun, pellet gun or any implement that is not a firearm, which impels a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
Dealer means any person, co-partnership, association or corporation engaged in the business of selling at retail or renting any of the articles included in the definition of “air rifle.”
(Code 2005, § 137.10)
Sec. 50-287. Selling, renting, or transferring to children; prohibition.
(a)
It is unlawful for any dealer to sell, lend, rent, give, or otherwise transfer an air rifle to any person under the age of 13 years where the dealer knows or has cause to believe the person to be under 13 years of age or where the dealer has failed to make reasonable inquiry relative to the age of the person and the person is under 13 years of age.
(b)
It is unlawful for any person to sell, give, lend, or otherwise transfer any air rifle to any person under 13 years of age except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between the person and the person under 13 years of age, or where the person stands in loco parentis to the person under 13 years of age.
(Code 2005, § 137.11)
Sec. 50-288. Carrying or discharging on public streets.
(a)
It is unlawful for any person under 13 years of age to carry any air rifle on the public streets, roads, highways, or public lands within this village, unless the person under 13 years of age carries the rifle unloaded.
(b)
It is unlawful for any person to discharge any air rifle from or across any street, sidewalk, road, highway, or public land or any public place except on a safely constructed target range.
(c)
Any person convicted of violating this section shall pay a fine not to exceed $50.00.
(Code 2005, § 137.12)
Sec. 50-289. Permissive possession.
Notwithstanding any provision of this subdivision, it is lawful for any person under 13 years of age to have in his possession any air rifle if it is:
(1)
Kept within his house of residence or other private enclosure;
(2)
Used by the person under 13 years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult, and then only if the air rifle is actually being used in connection with the activities of the club, team or society under the supervision of a responsible adult; or
(3)
Used in or on any private grounds or residence under circumstances when the air rifle is fired, discharged or operated in a manner as not to endanger persons or property and then only if it is used in a manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residence.
(Code 2005, § 137.13)
Sec. 50-290. Permissive sales.
The provisions of this section and sections 50-286 through 50-289 do not prohibit sales of air rifles:
(1)
By wholesale dealers or jobbers;
(2)
To be shipped out of the state;
(3)
To be used at a target range operated in accordance with 720 ILCS 535/4 or by members of the armed services of the United States or veterans’ organizations.
(Code 2005, § 137.14)
Sec. 50-291. Seizure and removal.
Any police officer shall seize, take, remove, or cause to be removed, at the expense of the owner, any air rifle sold or used in any manner in violation of this subdivision.
(Code 2005, § 137.15)
Secs. 50-292—50-315. Reserved.
SAVOY,
Chapter 9.08 WEAPONS – Savoy, Illinois – Code of Ordinances
Sections:
9.08.010 – Discharge unlawful—Exceptions.
A.
It is unlawful to discharge within the corporate limits of the village, any firearm, pellet gun, BB gun, air rifle, air pistol or spring-operated gun, except when the same is being operated on a rifle or pistol range situated upon private property within the village and so constructed as to afford reasonable protection to the public and to property situated within the village from careless use, or from ricochets resulting from the use of such arms.
B.
It is unlawful to discharge any firearm, pellet gun, BB gun, air rifle, air pistol or spring operated gun outside of the corporate limits of the village, in such manner that the shot or projectile from such an arm or arms carries within the village, except on a rifle or pistol range situated in part within and in part without the village.
(Ord. 8-4-71 §§ 1, 2)
9.08.020 – Carrying loaded firearms.
It is unlawful to carry a loaded firearm, pellet gun, BB gun, air rifle, air pistol or spring operated gun within the village, and it shall be further unlawful to carry uncased, any such gun or weapon within the corporate limits of the village.
(Ord. 8-4-71 § 3)
9.08.030 – Exemptions.
The provisions of this chapter shall not apply to any police officer, deputy sheriff, National Guardsman, member of the Armed Forces of the United States, night watchman or plant guard deputized by the village, the sheriff of Champaign County, Illinois, or other duly constituted authority, while such person is carrying such firearm or weapon while in the exercise of his or her official duty; nor shall the provisions of this chapter apply to any person within the village, while acting lawfully in the defense of his or her person and property.
(Ord. 8-4-71 § 4)
9.08.040 – Violations—Penalties.
Any person found guilty of violating the terms of this chapter shall be fined not less than one dollar ($1.00) and not more than five dollars ($5.00) for the first such offense, and not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) for each subsequent offense, and in addition thereto, such person shall be subject to the additional penalty of having such firearm, pellet gun, BB gun, air rifle, air pistol or spring operated gun confiscated upon conviction of such offense, in the discretion of the court imposing sentence.
(Ord. 8-4-71 § 5)
SCHAUMBURG,
Definitions Schaumburg, Illinois Code of Ordinances
FIREARM: Any lethal barreled weapon of any description from which a projectile or other missile can be discharged by the action of an explosive or compressed gas, or the igniting of flammable or explosive substances; excluding, however, any pneumatic gun, spring gun, or BB gun which expels a single globular projectile.
No listed air-gun ordinances other than definition of a “fire-arm”. *(State laws & city-wide ordinances may apply throughout County).State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
(720 ILCS 535/) (Air Rifle Act.)
SILVIS,
ARTICLE III. WEAPONS Silvis, Illinois Code of Ordinances
Sec. 58-61. Discharge.
(a)
It shall be unlawful for any person to discharge any firearm, sling, slingshot, bow and arrow, air gun, spring-loaded gun or other weapon in the city.
(b)
Subsection (a) of this section shall not apply to a peace officer in the performance of the officer’s duty.
(Code 1976, § 20-72)
Sec. 58-62. Unlawful use of weapons.
A person commits the offense of unlawful use of weapons when he knowingly:
(1)
Sells, manufactures, purchases, possesses, or carries any air gun, spring-loaded gun, bludgeon, blackjack, slingshot, sand-club, sandbag, metal knuckles or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in or on the handle of the knife; or
(2)
Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, or any other dangerous or deadly weapon or instrument of like character; or
(3)
Carries on or about his person or in any vehicle a tear gas gun projector or bomb or any object containing noxious liquid, gas or substance; or
(4)
Carries concealed in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver or other firearm; or
(5)
Sets a spring gun; or
(6)
Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or
(7)
Sells, manufactures, purchases, possesses or carries any weapon from which more than eight shots or bullets may be discharged by a single function of the firing device, any shotgun with a barrel of less than 18 inches in length, or any bomb, bombshell, grenade, bottle or other container containing an explosive substance, such as but not limited to black powder bombs and Molotov cocktails; or
(8)
Carries or possesses any firearm or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted; or
(9)
Carries or possesses in a vehicle or on or about his person any pistol, revolver or firearm, when he is hooded, robed or masked in such manner as to conceal his identity.
(Ord. No. 2003-09, § 17, 6-3-2003)
Editor’s note—
Ord. No. 2003-09, § 17, adopted June 3, 2003, set out provisions intended for use as section 58-70. For purposes of classification, and at the editor’s discretion, these provisions have been included as section 58-62
SKOKIE,
DIVISION 2. FIREARMS Skokie, Illinois Code of Ordinances
Sec. 70-183. Discharge of firearms.
It shall be unlawful for any person to fire or discharge any gun, pistol or other firearms, or any air gun or toy pistol on which percussion caps are used, within the corporate limits of the Village, unless within a licensed shooting gallery.
(Code 1979, § 55.023)
Sec. 70-186. Selling or furnishing firearms to person under 18 years of age.
(a)
It shall be unlawful for any person to sell, loan or furnish to any minor any gun, pistol, rifle, revolver or other firearm within the Village.
(b)
It shall be unlawful for any person to sell, loan or furnish to any person under the age of 18 years, within the corporate limits of the Village, any air gun, air rifle, air pistol, or slingshot, or any toy pistol that may be used with metal or paper caps.
SOUTH BELOIT,
o listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
(720 ILCS 535/) (Air Rifle Act.)
SOUTH CHICAGO HEIGHTS,
ARTICLE I. IN GENERAL South Chicago Heights, Illinois Code of Ordinances
Sec. 50-7. Discharging firearms.
It shall be unlawful to discharge any firearm or air gun in the village; provided that this section shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his duty; nor any citizen to discharge a firearm when lawfully defending his person or property; nor any citizen to discharge a firearm at a duly licensed gun club.
(Code 1959, ch. 22, art. III; Code 1979, § 11-12; Ord. of 12-3-1979, § 1)
ARTICLE V. USE OF PROPERTY OWNED BY VILLAGE South Chicago Heights, Illinois Code of Ordinances
Sec. 66-206. General rules.
<!–[if !supportLists]–>(a) <!–[endif]–>Violation of state or federal laws. No person shall commit a violation of local, state or federal laws or regulations while on village property.
<!–[if !supportLists]–>(b) <!–[endif]–> Weapons, fireworks, explosives rockets. No person shall at any time bring on to, carry, have in his possession or on or about his person, concealed or otherwise or use, fire, set off or otherwise cause to explode, discharge or burn, or throw onto village property any knife, firearm, pistol, revolver, rifle, air gun, pellet gun, bow and arrow, slingshot, blackjack, billy club, any weapon capable of discharging a projectile by air, spirit gas or explosive, any explosive substance, rocket, firecracker or other firework, missile, liquid or gaseous substance or any other dangerous weapon.
SOUTH HOLLAND,
ARTICLE I. IN GENERAL – South Holland, Illinois – Code of Ordinances
Sec. 11-29. – Discharge of firearms.
It is unlawful for any person, except as provided in this section, to discharge any firearm or air gun in the village. Any officer of the law may discharge a firearm in the performance of his duty. A citizen may discharge a firearm when lawfully defending his person and property. Persons may discharge firearms while engaged in skeet shooting at locations where skeet shooting is permitted in the village by the board. Authorized persons may discharge firearms under supervision at a police pistol range if such is established by the board.
(Code 1960, § 24-37)
State law reference— Unlawful discharge of metal piercing bullets, Ill. Rev. Stat., Ch. 38, § 24-3.2.
SPRINGFIELD,
ARTICLE I. GENERAL LICENSING PROVISIONS Springfield, Illinois Code of Ordinances
Shooting gallery or gun club. Any establishment consisting of an area equipped with targets to be fired upon with firearms, including but not limited to handguns, rifles, shotguns, B-B guns or air guns.
ARTICLE IV. RESTRICTION AND PROHIBITIONS Springfield, Illinois Code of Ordinances
§ 91.20. Killing or attacking animals.
No person shall kill or wound or attempt to kill or wound by the use of firearms, sling shot, bow and arrow, B-B gun, air rifle, or any other dangerous weapon, any animal within the city limits, provided that this section shall not prohibit a person from defending himself or another from attack by an animal. Police and animal control officers may use weapons to destroy animals which are seriously injured to avoid unnecessary suffering or in self-defense or defense of others.
STEGER,
Chapter 58 OFFENSES AND MISCELLANEOUS PROVISIONS – Steger, Illinois – Code of Ordinances
Sec. 58-4. – Regulation of firearms and bow and arrow.
(1)
No person shall discharge a firearm within the limits of the village unless discharged by a peace officer; or by a person engaged in self-defense; or a person engaged in the defense of others, as permitted under the state statutes. For purposes of this section, the definition of “firearm” is the same as that of the Statutes of the State of Illinois.
(2)
No person shall engage in the use of bow and arrow except on their own property at a fixed target which assures that under no circumstances can the arrow leave the user’s property and enter upon the property of others or the village’s property or easements.
(3)
No person shall discharge an air rifle within the village limits. For purposes of this section, an air rifle is a weapon whose projectile is propelled by either compressed air or gas.
(4)
Any person violating this section shall be fined in an amount not less than $50.00 and no more than $500.00.
(5)
Each violation shall be considered a separate offense and subject to a penalty as set forth in subsection (4), above.
(Ord. No. 738, 4-7-97)
Penalties for violations:
Anyone violating this section shall be subject to a fine not less than $50.00 for the fourth offense, $100.00 for the fifth offense and an additional $100.00 for each offense after that (the sixth alarm will be $200.00, the seventh $300.00, etc.).
(Ord. No. 682, 11-7-94; Ord. No. 993, 10-19-09)
STERLING,
ARTICLE I. IN GENERAL – Sterling, Illinois – Code of Ordinances
Sec. 62-8. – Discharge of firearms, air rifles, slingshots and similar instruments.
(a)
Firearms. No person shall fire or discharge any gun, pistol, revolver or other firearm in the city limits, except in the discharge of political duty or necessary or lawful act, and when so done such firing or discharge shall be done in a proper and careful manner. This subsection shall not apply to any discharge as permitted under the provisions of chapter 10, article VI, pertaining to shooting ranges.
(b)
Air rifles and spring guns. No person shall discharge any air rifle or air gun or spring gun involving the propelling of any missile in the city limits, except in the discharge of a legal duty or necessary or lawful act, and when so done such discharge shall be done in a proper and careful manner.
(c)
Slingshots and toy pistols. No person shall shoot or discharge any slingshot or any instrument projecting a missile in any form or discharge any toy pistol in which a percussion cap is used containing more than 21/100 grain of explosive mixture, except in discharge of a legal duty or necessary or lawful act, and when so done such shooting or discharge shall be done in a proper and careful manner.
(Code 1982, § 19-9)
STICKNEY,
ARTICLE II. OFFENSES AGAINST PUBLIC PEACE AND SAFETY Stickney, Illinois Code of Ordinances
Sec. 50-31. Registration of air rifles and guns, slingshots or other such dangerous instruments.
Every person owning, possessing or having under his control, an air rifle, air pistol, pump gun, BB gun, slung shot, slingshot, or any other dangerous instrument of like character shall register the same with the police department within ten days after acquiring the same. There shall be no charge for such registration.
(Code 1981, § 16-4)
ARTICLE I. IN GENERAL Stickney, Illinois Code of Ordinances
Sec. 54-10. Weapons.
No person, other than a law enforcement officer of the village, shall bring, attempt to bring, carry, have in his vehicle, or use in any way, any knife having a blade longer than three inches, or air gun, pellet gun, or sling shot in any park, except instruments used to prepare food at the Stickney Pavilion pursuant to a written permit issued by the parks and recreation committee. No person shall bring, attempt to bring, carry or use in any way any bow or arrow in any park, unless in a directly supervised park program.
(Ord. No. 2001-09, § 2(17-8), 7-17-2001)
Cross reference— Weapons, § 50-171 et seq.
STILLMAN VALLEY,
CHAPTER 1. GENERAL OFFENSES Stillman Valley, Illinois Code of Ordinances
Sec. 9-1-7. Firearms, weapons.
<!–[if !supportLists]–>(a) <!–[endif]–>Statutes adopted. There is hereby adopted by the village for the purpose of regulating the use of deadly weapons in the village 720 Illinois Compiled Statutes 5/24-1 et seq.
(b) Discharge unlawful. It shall be unlawful to discharge any firearm or air gun in the village; provided, that this subsection shall not be construed to prohibit any police officer from discharging a firearm in the discharge of his duty.
(c) Air rifles.
(1)Definition. As used in this subsection, “air rifle” means and includes any air gun, air pistol, spring gun, spring pistol, BB gun, pellet gun or any implement that is not a firearm, as defined in Illinois state statute, which impels a pellet constructed of hard plastic, steel, lead or any other hard materials with a force that reasonably is expected to cause bodily harm.
(2) Carrying or discharging. It is unlawful for any person to carry or possess in a vehicle or on or about his person any air rifle within the corporate limits of the village unless such air rifle is in a nonfunctioning state or in a case. It is unlawful for any person to discharge any air rifle within the corporate limits of the village.
(3)Seizure and removal. The state police, any sheriff or police officer shall seize, take, remove or cause to be removed at the expense of the owner, any air rifle used in any manner in violation of this subsection.
(1) Definition. Any knife equipped with a spring or other device for opening and exposing the blade, or any knife the blade of which can be opened or exposed by the use of any trigger, trip or other device shall be known as a “switchblade knife”.
(2) Unlawful. It shall be unlawful for any person to carry or sell, loan or give to any person a switchblade knife or instrument of like character.
(1981 Code)
STREATOR,
Chapter 9.08 OFFENSES AGAINST PUBLIC PEACE AND DECENCY Streator, Illinois Code of Ordinances
9.08.020 Guns, slingshots, and arrows.
No person shall fire or discharge any firearm, air rifle, slingshot, or metal-tipped hunting arrow and/or hunting bow in the city, except a member of the police department or other peace officer in the performance of his or her duties.
(Prior code § 14-115)
SUN RIVER TERRACE,
ARTICLE VI. WEAPONS – Sun River Terrace, Illinois – Code of Ordinances
Sec. 30-214. – Laser sights.
No person shall operate a laser sight within the village, except for recreational use upon premises used by a duly licensed shooting gallery, gun club, or rifle club. As used herein, a laser sight is any laser device manufactured for use as an aid for aiming firearms, bows, air guns, or any other device which discharges projectiles whether by air, spring, explosive substance, or any other force, that emits an intense beam of light, including but not limited to Class 1, Class 2a, Class 2, Class 3a, and Class 4 lasers as defined in 21 CFR 1040.10 or 21 CFR 1040.11.
Sec. 30-215. – Paintball guns.
No person shall fire or discharge any paintball gun within the village except on private property with the permission of the owner of the property and provided that the projectile fired will not traverse any space used as a public way or any private property when the owner of that property has not granted permission.
TAMPICO,
Chapter 9.30 WEAPONS REGULATIONS Tampico, Illinois-Code of Ordinances
9.30.010 Declaration of purpose.
The village council has determined that the possession and use of weapons which are inherently dangerous to human life, constitute a sufficient hazard to the health, safety and welfare of the people and property in the municipality to require prohibition unless there appears appropriate justification created by special circumstances.
(Ord. 620 (part), 1992)
9.30.020 Legislative intent.
This chapter is adopted pursuant to the powers granted to municipalities in Paragraphs 82-8, 83-13.1, and 24-1 et. seq. of Chapter 38, Illinois Revised Statutes, 1989, as amended.
(Ord. 620 (part), 1992)
9.30.030 Definitions.
For purposes of this chapter:
A.
“Air rifle” means and includes any air gun, air pistol, spring gun, spring pistol, BB gun, pellet gun, slingshot or any implement that is not a firearm which impels a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
B.
“Firearm” means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however:
1.
Any pneumatic gun, spring gun, or BB gun which expels a single globular projectile not exceeding .18 inch in diameter;
2.
Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
3.
Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition;
4.
An antique firearm (other than a machine gun) which, although designed as a weapon, the department of law enforcement finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.
(Ord. 620 (part), 1992)
9.30.040 Discharge prohibited—Exceptions.
No person shall discharge any firearm or air rifle within the village limits; provided that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty; nor to prohibit any citizen from discharging a firearm when lawfully defending his person or property.
(Ord. 620 (part), 1992)
9.30.050 Unlawful use of weapons.
A person commits the offense of unlawful use of weapons when he knowingly:
A.
Sells, manufactures, purchases, possesses or carries any bludgeon, blackjack, slingshot, sand-club, sandbag, metal knuckles, throwing star or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or
B.
Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or laser or any other dangerous or deadly weapon or instrument of like character; or
C.
Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a nonlethal noxious liquid gas or substance designed solely for personal defense carried by a person eighteen years of age or older; or
D.
Carries or possesses in any vehicle or concealed on or about his person within the corporate limits of the city, except when on his land or in his own abode or fixed placed of business, any pistol, revolver or other firearm; or
E.
Sets a spring gun; or
F.
Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or
G.
Carries or possesses any firearm or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gather at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.
(Ord. 620 (part), 1992)
9.30.060 Exemptions.
A.
Subsections 9.30.050(C) and 9.30.050(D) do not apply to or affect any of the following:
1.
Peace officers or any person summoned by any such officers to assist in making arrests or preserving the peace while he is actually engaged in assisting such officer;
2.
Members of the armed services or reserved forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty;
3.
Agents and investigators of the Illinois Legislative Investigating Commission authorized by the commission to carry the weapons specified in subsections 9.30.050(C) and 9.30.050(D), while on duty in the course of any investigation for the Commission;
4.
Manufacture, transportation, or sale of weapons to persons authorized under paragraphs 1 through 3 of this subsection to possess those weapons.
B.
Subsection 9.30.050(D) does not apply to or affect any of the following:
1.
Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, patrons of such range while such members or patrons are using their firearms on those target ranges;
2.
Duly authorized military or civil organizations while parading, with the special permission of the village council;
3.
Licensed hunters or fishermen while engaged in hunting or fishing;
4.
Transportation of weapons broken down in a nonfunctioning state or not immediately accessible.
C.
A complaint based upon a violation of any section of this chapter need not negate any exemptions contained in this chapter. The defendant shall have the burden of providing such an exemption.
(Ord. 620 (part), 1992)
9.30.070 Possession by minors prohibited.
It is unlawful for any person to permit, suffer, or allow any child under the age of eighteen years to handle or have in his possession within the village any air rifle or firearm of any description, or any other similar weapon, which is a deadly weapon, or which, if discharged, is of sufficient force or power to inflict bodily injury; provided, however, this section shall not apply to situations in which the minors are licensed hunters or fishermen while engaged in hunting or fishing.
(Ord. 620 (part), 1992)
9.30.080 Violation—Penalty.
Any person who violates, neglects, or refuses to comply within any of the provisions of this chapter, shall, upon conviction, be subject to penalty as provided in Chapter 1.12 of this code.
(Ord. 620 (part), 1992)
THORNTON,
Chapter 8 LICENSING OF FIREARM DEALERS – Thornton, Illinois – Code of Ordinances
Sec. 5-8-1. – Applicability.
A.
It is intended that this Chapter shall preempt all Cook County licensing or other regulatory schemes for firearms, firearms dealers and assault weapons. As provided in Article VII, Section 6(c) of the State of Illinois Constitution of 1970, if a County ordinance conflicts with an ordinance of a municipality, the municipal ordinance shall prevail within its jurisdiction.
B.
It is specifically intended that this Chapter shall preempt the Cook County Firearms Dealer’s License and Assault Weapons and Ammunition Ban Ordinance as now in effect or as may be hereafter amended.
(Ord., 9-17-12, § 1)
Sec. 5-8-2. – Definitions.
The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
Department means the Village of Thornton Police Department.
Chief means the Village of Thornton Police Chief.
Engaged in the business has the same meaning as in 18 USC 921 (a) (21).
Firearm.
1.
The term “firearm” means any device, by whatever name known, which is designed to expel a projectile by the action of an explosion, expansion of gas, or escape of gas.
2.
The term “firearm” excludes, however:
a.
Any pneumatic gun, spring gun, paintball gun or BB gun which either expels a single lobular projectile not exceeding 0.18 inches in diameter or breakable paintballs containing washable marking colors;
b.
Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
c.
Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition;
d.
An antique firearm (other than an assault weapon) which, although designed as a weapon, the State Police Department finds, by reason of the date of its manufacture, value, design, or other characteristic, is primarily a collector’s item and is not likely to be used as a weapon.
Firearm ammunition.
1.
The term “firearm ammunition” means any self-contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm.
2.
The term “firearm ammunition” excludes, however:
a.
Any ammunition exclusively designed for use with a device used exclusively for signally or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
b.
Any ammunition designed exclusively for use with a stud or rivet driver or other similar industrial ammunition.
Firearms dealer means any Federally licensed firearms dealer, excluding any person licensed solely as a “collector” pursuant to 18 USC 923(b) and possessing only a Type 03 Federal license.
Gun shop means the premises of any Federally licensed firearms dealer.
President means the Village President of the Village of Thornton.
(Ord., 9-17-12, § 1)
UNIVERSITY PARK,
CHAPTER 670. WEAPONS AND EXPLOSIVES – University Park, Illinois – Code of Ordinances
Sec. 670-01. – Possessing dangerous or deadly weapons.
No person shall carry or possess any dangerous or deadly weapon or firearm ammunition in violation of Article 24 of the Illinois Criminal Code.
(Ord. 521. Passed 2-9-82.)
Sec. 670-02. – Use of dangerous weapons.
(a)
Discharge of Firearms. No person shall discharge a firearm, air gun or other gas powered gun from a position within the Village limits, or from a position outside the Village limits in such a manner as to cause the projectile therefrom to travel into the Village.
(b)
Discharge of Dangerous Weapons (other than Firearms).
(1)
Dangerous Weapons (other than firearms) shall mean and include crossbows, bows and arrows when the arrows are tipped with razor points or other heads designed for hunting, slingshots, and any other device designed and intended to hurl a projectile with force and velocity so as to kill, maim, injure or damage persons or property.
(2)
No person shall discharge, launch or otherwise project any Dangerous Weapon (as defined in (1) supra) from a position within the Village limits which is within four hundred (400) feet of a park, recreation field, public recreation area, nature preserve, occupied structure or motor vehicle.
(3)
No person shall discharge, launch, or otherwise project any Dangerous Weapon from a position outside the Village limits in such a manner as to cause the projectile therefrom to travel into the Village within four hundred (400) feet of a park, recreation field, public recreation area, nature preserve, occupied structure or motor vehicle.
(c)
Peace Officer Exemptions. The provisions of this section shall not apply to a peace officer while in the performance of his or her duty and training, or to any persons summoned by any such officer to assist in making arrests or preserving the peace while he or her is actually engaged in assisting such officer, or to any persons upon premises duly authorized by the President and Board of Trustees for use as a shooting gallery, gun or archery range, hunting area, gun club or rifle club.
(d)
Severability. If any work, sentence, clause, phrase or other provision of this Section 670-02, is for any reason, declared invalid or unenforceable on its face, or in its application, by a Court or other agency of competent jurisdiction, then said invalid or unenforceable word, sentence, clause, phrase or other provision shall be deemed severed from the whole and the remainder of this section 670-02 shall be and remain in full force and effect.
(Ord. 41. Passed 5-10-68; Ord. 1159. Passed 2-24-98.)
Sec. 670-03. – Confiscation and disposition of weapons.
(a)
Upon a conviction for a violation of any of the provisions of this chapter, any weapon seized shall be confiscated by the trial court.
(b)
Any stolen weapon so confiscated, when no longer needed for evidentiary purposes, shall be returned to the person entitled to possession, if known. All other confiscated weapons, after the disposition of a criminal case and when no longer needed for evidentiary purposes, and when in due course no legitimate claim has been made for such weapons, may be transferred by the court to the County Sheriff who shall proceed to destroy them or, at his or her discretion, order such weapons preserved as property of the governmental body whose police agency seized the weapon. If, after the disposition of a criminal case, a need still exists for the use of such confiscated weapons for evidentiary purposes, the court may transfer such weapons to the custody of the custody of the State Department of Corrections for preservation.
(Ord. 445. Passed 12-11-79.)
Sec. 670-04. – Storage of firearms.
Any person who owns, possesses, or maintains a handgun, shotgun, rifle or a firearm of any sort or kind in his or her home shall at all times:
(a)
Have a permanent or removable device which shall lock and prevent the trigger of said handgun, shotgun, rifle or firearm of any sort or kind from being pulled so as to allow the weapon from being fired or discharged; or
(b)
Store said handgun, shotgun, rifle or a firearm of any sort or kind in a locked facility, box, or other device or container.
(Ord. 1108. Passed 9-24-96.)
Sec. 670-99. – Penalty.
Editor’s note—
See section 606-99(a) for general Code penalty if no specific penalty is provided.
Whoever violates or fails to comply with any of the provisions of Section 670-01 shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 372. Passed 9-13-77.)
(82) Cross reference— Open display of weapons by private security guards, see B.R.&T. 864-03; private security guards carrying firearms, see B.R.&T. 864-04; storage of explosives and blasting agents, see F.P. 1610-05(a); storage of fireworks, see F.P. 1610-05(b); motor vehicle routes for transporting explosives, dangerous articles, see F.P 1610-06. (Back)
CHAPTER 1064. USE OF VILLAGE LANDS AND FACILITIES – University Park, Illinois – Code of Ordinances
Sec. 1064-01. – Prohibited acts in recreational areas.
(20)
Carry any firearm of any kind, including an air-gun or BB-gun, bow and arrow, or blowgun;
(21)
Pursue with any firearm of any kind, including an air-gun or BB-gun, bow and arrow, blowgun or any other means, with intent to maim, injure or kill any bird or animal;
CHAPTER 610. ANIMALS – University Park, Illinois – Code of Ordinances
Sec. 610-16. – Hunting.
The regulation and licensing of the taking of wildlife in Illinois are exclusive powers and functions of the State, and State law can be enforced by local authorities. The Division of Police is authorized and directed to diligently enforce the provisions of the Illinois Wildlife Code found at 520 ILCS 5/1.1 et seq. as said provisions are amended from time-to-time. See also: UP Cod. Ord. Ch. 670, Section 670.02 “Use of Dangerous Weapons” prohibiting the discharge of a firearm, air gun or other gas powered gun in the Village and prohibiting the discharge of other dangerous weapons within four hundred (400) feet of a park, recreation field, public recreation area, nature preserve, occupied structure or motor vehicle.
(Ord. 513. Passed 12-8-81; Ord. 751. Passed 7-12-88; Ord. 1121. Passed 1-28-97; Ord. 1159. Passed 2-24-98.)
(Ord. 1563. Passed 7-11-06.)
Sec. 610-99. – Penalty.
Editor’s note—
See Section 606-99(a) for general Code penalty if no specific penalty is provided.
(a)
Whoever violates Section 610-07 shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
(Ord. 280. Passed 1-27-76.)
(b)
Whoever violates Section 610-14(a) shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).
(c)
Whoever violates Section 610-14(a) shall be fined not less than fifty dollars ($50.00), nor more than five-hundred dollars ($500.00).
(Ord. 572. Passed 1-11-83; Ord. 2008-18. Passed 5-13-08.)
URBANA,
DIVISION 2. WEAPONS Urbana, Illinois-Code of Ordinances
Sec. 15-72. Use of slings and air guns prohibited.
Any person who shall within the corporate limits of the city use any sling, rubber sling, air gun or other implement or device whatsoever for the casting or throwing of stones, bullets, shot or any other article whatsoever of a dangerous or annoying character shall be guilty of an offense.
(Code 1975, § 21.57)
Chapter 1 GENERAL PROVISIONS Urbana, Illinois-Code of Ordinances.
15-72
Use of slings and air guns prohibited.
Penalty: Minimum Fine: $ 165.00
VANDALIA,
Chapter 9.24 WEAPONS AND EXPLOSIVES – Vandalia, Illinois – Code of Ordinances
9.24.020 – Discharging firearms.
No person shall fire or discharge any gun, pistol or other firearm within the city except upon premises used by a shooting gallery, gun club, or gun range. No person shall discharge any air gun, sling shot or toy pistol with percussion caps within the city.
The Mayor or Chairperson of the Police Committee may by written order authorize discharge of firearms by named persons within a designated area and within a specified time period to destroy fowl or rodents declared by the Committee to constitute a present health hazard.
(Editorially amended during 2002 codifications; prior code § 42.09)
VERNON HILLS,
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY Vernon Hills, Illinois-Code of Ordinances
Sec. 14-311. Discharge of projectiles; possession of air gun in public by person under 18 years.
(a)
No person shall fire, discharge, set off or use within the limits of the village any firearm, air gun, bean shooter, slingshot or any other instrument or machine from which a missile is discharged or hurled; provided, that this subsection shall not prohibit any police officer from discharging a firearm in the performance of his duty.
(b)
No person under the age of 18 years shall, when at or upon any public way or in any public place, possess any type of loaded air gun.
(Code 1982, § 14-106)
State law reference— Deadly weapons, Ill. Rev. Stat. ch. 38, ¶ 24-1 et seq.
VILLA PARK,
ARTICLE I. IN GENERAL Villa Park, Illinois-Code of Ordinances
Sec. 16-113. Control, sale, possession and discharge of air rifles and B-B guns within the village.
(a)
Definitions.
(1)
“Air rifle” means and includes any air gun, air pistol, spring gun, spring pistol, B-B gun, pellet gun or any implement that is not a firearm which impels a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
(2)
“Dealer” means any person, co-partnership, association or corporation engaged in the business of selling at retail or renting any of the articles included in the definition of “air rifle.”
(b)
Selling, renting or transferring to children prohibited
(1)
It is unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air rifle to any person under the age of thirteen (13) years where the dealer knows or has cause to believe the person to be under thirteen (13) years of age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under thirteen (13) years of age.
(2)
It is unlawful for any person to sell, give, lend or otherwise transfer any air rifle to any person under thirteen (13) years of age except where the relationship of parent and child, guardian and ward or adult instructor and pupil, exists between such person and the person under thirteen (13) years of age, or where such person stands in loco parentis to the person under thirteen (13) years of age.
(c)
Possessing or discharging on public streets.
(1)
It is unlawful for any person to possess any air rifle, whether carried by the person or transported in a vehicle, on the public streets, roads, highway or public lands within this village, unless such person has in his/her possession a receipt for purchase of the air rifle that demonstrates that the air rifle was purchased that day and the air rifle is not loaded.
(2)
It is unlawful for any person to discharge any air rifle from or across any street, sidewalk, road, highway or public land or any public place except on a safely constructed target range.
(d)
Permissive possession. Notwithstanding any provision of this section, it is lawful for any person under thirteen (13) years of age to have in his possession any air rifle if it is:
(1)
Kept within his house of residence or other private enclosure.
(2)
Used by the person under thirteen (13) years of age and he/she is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult and then only if said air rifle is actually being used in connection with the activities of said club, team or society under the supervision of a responsible adult.
(3)
Used in or on any private grounds or residence under circumstances when such air rifle is fired, discharged or operated in such a manner as not to endanger persons or property and then only if it is used in such manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residence.
(e)
Permissive sales. The provisions of this section do not prohibit sales of air rifles:
(1)
By wholesale dealers or jobbers.
(2)
To be shipped out of the village.
(3)
To be used at a target range operated in accordance with subsection (d) of this section or by members of the Armed Services of the United States or veterans organizations.
(f)
Seizure and removal. A police officer shall seize, take, remove or cause to be removed at the expense of the owner, any air rifle sold or used in any manner in violation of this section.
(Ord. No. 2004, § 1, 11-23-81; Ord. No. 3436, § 2, 8-13-07)
Cross reference— Discharge of firearms, § 16-106.
WALNUT,
ARTICLE IV. OFFENSES INVOLVING PUBLIC SAFETY Walnut, Illinois-Code of Ordinances
Sec. 20-82. Discharging firearms, fireworks.
It shall be unlawful to fire or discharge any firearm or air gun in the village, or to fire or discharge any fireworks other than at an approved public display in accordance with 425 ILCS 35/2.
(Rev. Ords. 1905, ch. XVII, art. II, § 8; Code 1975, § 12-54)
WAUKEGAN,
DIVISION 1. GENERALLY Waukegan, Illinois-Code of Ordinances
Sec. 15-135. Discharge of firearms, hunting restricted.
(a)
No person, not lawfully authorized to bear arms in the discharge of his duty, shall discharge any firearm in the city. No person shall shoot or fire an arrow, dart, spear or other sharp projectile by means of a bow, crossbow or other like instrument. No person shall kill or wound, or attempt to kill or wound, by the use of firearms, slingshot, bow and arrow, pelting with stones or otherwise, any quail, pheasant, robin, blue jay or other song, plumage or game bird; or shoot an arrow or throw a stone, or club or other missile, at any of the above-named birds within any private ground, public park, square, street or grounds; or take or destroy the eggs or young of any such bird or birds within any private enclosure or public ground.
(b)
No person shall discharge or set off or have in his possession for such purpose, any toy firearm, air rifle or toy cannon that discharges projectiles, either by air, spring, explosive substance or any other force.
(c)
This section does not apply to the discharge of firearms or other weapons upon a rifle range, pistol range or shooting range owned by the city or authorized by the city council.
(Code 1974, § 26-26; Ord. No. 95-O-31, § 1, 3-6-95)
Sec. 15-136. Sale of weapons to minors, aliens prohibited.
No person shall sell or give to any alien or to any minor under the age of 18 years any weapon listed in section 15-137 of this Code.
(Code 1974, § 26-27)
Sec. 15-136.1. Cigarette lighters that have the appearance of a weapon.
(a)
Definitions. As used in this section, the following terms shall have the meanings indicated:
Cigarette lighter means any mechanical device which is used in the lighting of cigars, pipes or cigarettes or other smoking materials used by any person;
Weapon means any instrument or device used in attack or defense in combat, fighting or war, including but not limited to a sword, knife, firearm, hand grenade, rifle or gun.
(b)
Sale and possession. It shall be unlawful for any person, partnership, firm or corporation to sell, distribute or make available in any manner whatsoever a cigarette lighter that has the appearance of a weapon of any kind. It shall also be unlawful for any person or persons to buy, carry or have in his possession a cigarette lighter that has the appearance of a weapon.
(c)
Violation and penalty. Any person found guilty of violating, disobeying, neglecting or refusing to comply with, or resisting or opposing the enforcement of any of the provisions of this section, except where otherwise specifically provided, shall be punished by a fine of not less than $75.00 nor more than $750.00.
(Ord. No. 05-O-117, § 1, 8-1-05)
Sec. 15-137. Weapons—Unlawful use.
(a)
A person commits the offense of unlawful use of weapons when he knowingly:
(1)
Sells, manufactures, purchases, possesses or carries any bludgeon, blackjack, slung-shot, sand-club, sandbag, metal knuckles, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or
(2)
Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or
(3)
Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid, gas or substance, other than an object containing a nonlethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or
(4)
Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm; or
(5)
Sets a spring gun; or
(6)
Carries or possesses any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted; or
(7)
Carries or possesses in a vehicle or on or about his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or
(8)
Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of the city, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; or
(9)
Sells, manufactures or purchases any explosive bullet. For purposes of this section “explosive bullet” means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. “Cartridge” means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap.
(b)
A “stun gun or taser” as used in this section means any device which is powered by electrical charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person’s nervous system in such a manner as to render him incapable of normal functioning; or any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person’s nervous system in such a manner as to render him incapable of normal functioning.
(Code 1974, § 26-28(a))
State law reference— Similar provisions, Ill. Rev. Stat. ch. 38, ¶ 24-1.
WEST CHICAGO,
DIVISION 10. CONCERNING GUNS AND WEAPONS West Chicago, Illinois Code of Ordinances
DIVISION 10. CONCERNING GUNS AND WEAPONS
Sec. 11-131. Discharge—Guns.
Sec. 11-132. Same—Air guns, air pistols, etc.
Sec. 11-133. Unlawful use.
Secs. 11-134—11-145. Reserved.
Sec. 11-131. Discharge—Guns.
(a)
No person shall discharge any gun of any kind or nature or description within the city.
(b)
The above shall not apply to the following:
(1)
Peace officers in their official duties.
(2)
Persons using, in accordance with all rules and regulations, the range in the city park.
(Ord. No. 879, Art. XI, § 2, 5-17-65)
Sec. 11-132. Same—Air guns, air pistols, etc.
(a)
No person shall be permitted to fire or discharge upon the public streets, walks and ways or upon the property of another without his, it’s or their express permission so to do, within the city any air gun, air pistol, spring gun or spring pistol or device which is intended to propel or project a bullet, pellet, arrow or similar projectile.
(b)
Every air gun, air pistol, spring gun or spring pistol or other device described in subsection (a), when used or operated contrary to the provisions of this section by any person is hereby declared to be a public nuisance and is subject to seizure and confiscation by any police officer and shall be disposed of as the police department shall direct.
Upon the seizure of any device because of its use contrary to the provisions of this section, the police officer making such seizure shall forthwith cause a complaint to be filed, before a court of competent jurisdiction and a summons to be issued requiring the owner or person in possession of said property to appear in court and show cause why the device seized should not be forfeited to the city. In case of any failure to serve such summons upon the owner of such seized property or person in possession of the same at the time of seizure thereof, notice of the proceedings before the court, shall be given as required by the statutes of the state, in cases of attachment. Upon the return of the summons, duly served or upon posting or publication of notice made as hereinbefore provided, the court shall proceed to determine the question of the illegality of the use of the seized property and upon judgment being entered to the effect that the property was illegally used, an order shall be entered providing for the forfeiture of said seized property to the city. Such confiscation or forfeiture shall not preclude or mitigate prosecution and assessment of penalties.
All costs of publication or posting of notice as required herein shall be paid by the city.
(Ord. No. 879, Art. XI, § 3, 5-17-65)
Sec. 11-133. Unlawful use.
(a)
A person commits the offense of unlawful use of weapons when he knowingly:
(1)
Sells, manufactures, purchases, possesses or carries any bludgeon, blackjack, slingshot, sandclub, sandbag, shotgun with a barrel less than eighteen (18) inches in length, metal knuckles or any knife; commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife; or
(2)
Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto or any other dangerous or deadly weapon or instrument of like character; or
(3)
Carries on or about his person or in any vehicle a tear gas gun, projector or bomb or any object containing noxious liquid gas or substance; or
(4)
Carries concealed in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed places of business any pistol, revolver or other firearm; or
(5)
Sets a spring gun; or
(6)
Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or
(7)
Sells, manufactures, purchases, possesses or carries any weapon from which more than eight (8) shots or bullets may be discharged by a single function of the firing device.
(b)
Subsection (a) shall not apply to:
(1)
Peace officers or any person summoned by any such officers to assist in making arrests or preserving the peace while he is actually engaged in assisting such officer.
(2)
Watchmen while actually engaged in the performance of their duties of their employment.
(3)
Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while such members are using their firearms on such target ranges.
(Ord. No. 879, Art. XI, § 4, 5-17-65)
Village of Westchester,
Chapter 7.92 AIR RIFLES – Westchester, Illinois – Code of Ordinances
Chapter 7.92 – AIR RIFLES
Sections:
7.92.010 – Definitions.
7.92.020 – Carrying or discharging on public streets.
7.92.030 – Unlawful use of weapons.
7.92.040 – Permissive possession.
7.92.050 – Seizure and removal.
7.92.060 – Parent or legal guardian’s responsibility for violations.
7.92.070 – Violation—Penalty.
7.92.010 – Definitions.
As used in this chapter, “air rifle” means and includes any air gun, air pistol, spring gun, spring pistol, BB gun, pellet gun or any implement that is not a firearm which is designed to expel a projectile or projectiles under .18 inch in diameter constructed of hard plastic, steel, lead or other hard materials by the action of an explosion, expansion of gas or escape of gas with a force that reasonably is expected to cause bodily harm.
(Ord. 87-1182 § 1, 1987)
7.92.020 – Carrying or discharging on public streets.
(a)
It is unlawful for any person under twenty-one years of age to carry any air rifle on the public streets, roads, highways or public lands within the village.
(b)
It is unlawful for any person to discharge any air rifle from or across any street, sidewalk, road, highway or public land or any public place except on a safely constructed target range.
(Ord. 87-1182 § 1, 1987)
7.92.030 – Unlawful use of weapons.
A person commits the offense of unlawful use of weapons when he or she knowingly:
(1)
Carries or possesses in any vehicle or concealed on or about his or her person except when on his or her land or in his or her own abode or fixed place of business any air rifle, stun gun or taser or other deadly weapon; or
(2)
Carries or possesses any air rifle, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted; or
(3)
Carries or possesses in a vehicle or on or about his or her person any air rifle, stun gun or taser or other deadly weapon, when he or she is hooded, robed or masked in such manner as to conceal his or her identity; or
(4)
Carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of the village, except when an invitee thereon or therein, for the purpose of the display of such weapon or the unlawful commerce in weapons, or except when on his or her land or in his or her own abode or fixed place of business, any air rifle, stun gun or taser or other deadly weapon.
(5)
The presence in an automobile other than a public omnibus of any air rifle, stun gun or taser or other deadly weapon is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such air rifle, stun gun or taser or other deadly weapon is found, except under the following circumstances: (i) if such air rifle, stun gun or taser or other deadly weapon is found upon the person of one of the occupants therein; or (ii) if such air rifle, stun gun or taser or other deadly weapon is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his or her trade, then such presumption shall not apply to the driver.
(Ord. 87-1182 § 3, 1987)
7.92.040 – Permissive possession.
Notwithstanding any provision of this chapter, it is lawful for any person under twenty-one years of age to have in his or her possession any air rifle if it is:
(1)
Kept within his or her house of residence or other private enclosure;
(2)
Used by the person under twenty-one years of age and he or she is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult and then only if said air rifle is actually being used in connection with the activities of said club, team or society under the supervision of a responsible adult; or
(3)
Used in or on any private grounds or residence under circumstances when such air rifle is fired, discharged or operated in such a manner as not to endanger persons or property and then only if it is used in such manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residence.
(4)
This chapter shall not apply to law enforcement officers or security officers, nor to students carrying or possessing air rifles for use in training courses, parades, hunting, target-shooting on school ranges, or otherwise with the consent of school authorities and which air rifles are transported unloaded and enclosed in a suitable case, box or transportation package.
(Ord. 87-1182 § 4, 1987)
7.92.050 – Seizure and removal.
Police officers of the village shall seize, take, remove or cause to be removed at the expense of the owner, any air rifle sold or used in any manner in violation of this chapter.
(Ord. 87-1182 § 5, 1987)
7.92.060 – Parent or legal guardian’s responsibility for violations.
The parent or legal guardian of an unemancipated person under twenty-one years of age residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility, and said parent or legal guardian shall be responsible for damages and the resulting fine upon conviction of a violation of this chapter.
(Ord. 87-1182 § 6, 1987)
7.92.070 – Violation—Penalty.
Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than two hundred dollars for the first offense, five hundred dollars for the second offense, and one thousand dollars for the third offense.
(Ord. 87-1182 § 7, 1987)
Chapter 7.04 MISDEMEANORS – Westchester, Illinois – Code of Ordinances
7.04.070 – Firearms—Discharge.
No person shall fire or discharge any cannon, gun, fowling piece, pistol or firearms of any kind or description, or fire, explode, or set off any firecrackers, or anything containing powder or other explosive substances within the limits of the village of Westchester.
(Ord. 72-810 § 2, 1972: Ord. 76 Art. I § 7, 1930)
WESTMONT,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
(720 ILCS 535/) (Air Rifle Act.)
WHEELING,
Chapter 8.18 OFFENSES INVOLVING WEAPONS Wheeling, Illinois Code of Ordinances
8.18.020 Air rifles.
a)
Definition. “Air rifle” means and includes any air gun, air pistol, spring gun, a spring pistol, B-B gun, pellet gun or any implement that is not a firearm which impels a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
b)
Regulations. It is unlawful for any person to carry or possess on or about his person within the corporate limits of the village any loaded or uncased air rifle.
(Ord. 2301 § I (part), 1986)
8.18.030 Discharging firearms.
a)
No person shall fire or discharge, within the village, any cannon, gun, pistol, rifle or any gun which discharges projectiles either by air, spring device, explosive substance or any other force.
b)
This section shall not apply to the discharge of a firearm by any officer of the law nor to any person discharging a firearm on or at a duly licensed target range.
(Ord. 2301 § I (part), 1986)
WILMINGTON,
Chapter 130 OFFENSES AGAINST THE PERSON Wilmington, Illinois Code of Ordinances
130.05 Discharge of firearm.
(A)
It shall be unlawful for any person to fire, discharge, set off, or use within the corporate limits of the city any air gun, firearm, bean shooter, slingshot, or any other instrument or machine from which a missile is discharged or hurled except at or upon duly licensed ranges.
(B)
It is declared to be unlawful for any person to have or carry upon his person or within any vehicle upon the streets, highways, or thoroughfares, and within the territory of the corporate limits of the city any shotgun or rifle unless the shotgun or rifle being carried or transported is unloaded and unless the same is disassembled, or otherwise taken apart so as to render it incapable of being fired, or unless the same is enclosed in a case. The provisions hereof shall not apply, however, to the following officers while engaged in the discharge of their official duties: sheriffs, coroners, constables, police officers, or other duly constituted peace officers, nor to persons lawfully summoned by an officer to assist in making arrests or preserving the peace and while so engaged in assisting such officer.
(Ord. 677, passed 4-1-75) Penalty, see Section 130.99(A)
130.12 Brandishing of replica firearm prohibited.
(A)
Replica firearm defined. As used in this section the term “replica firearm” shall include any device or object made of any material which is a facsimile or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or any other firearm.
(B)
Brandishing replica firearm. No person shall, except in self-defense, draw, exhibit or brandish a replica firearm in a threatening manner in such a manner as to tend to cause the victim to reasonably believe that the person is actually in possession of an operable firearm.
(C)
Any person, firm or corporation violating any provision of this section shall be fined not less than $100 nor more than $500 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 1159, passed 2-2-93)
WINNEBAGO,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
(720 ILCS 535/) (Air Rifle Act.)
ZION,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference— Air Rifle Act, 720 ILCS 535/0.01 et seq.
(720 ILCS 535/) (Air Rifle Act.)
INDIANA-
State Law reference—Title 35, Article 47 of the Indiana Code. Article 47 defines “firearms” as “any weapon that is capable of expelling… a projectile by means of an explosion.” Airsoft & BB-Pellet guns, which are powered by compressed air, are not regulated by the state gun laws.
CLOVERDALE,
ARTICLE III. CLOVERDALE PARK REGULATIONS – Cloverdale, Indiana – Code of Ordinances
Sec. 5-20. – Government owned parks general rules and guidelines.
All government owned parks within the town will be subject to the following general rules:
(12) Firearms, weapons, pellet guns, air guns, bows and guns and cross bows are prohibited.
FOWLER,
ARTICLE I. IN GENERAL – Fowler, Indiana – Code of Ordinances
Sec. 12-1. – Use of weapons.
(a)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Ammunition means any material intended as a projectile including, but not limited to, bullets, pellets, B-B’s, arrows, shotgun shot, salt, stones, or other missiles.
Shooting means the propulsion of any ammunition by any weapon.
Weapon means a firearm, bow, slingshot, sling, air rifle, or other similar device from which a projectile is shot or otherwise commonly propelled of a speed sufficient to penetrate the skin of a person or animal.
(b)
The shooting of any ammunition from any weapon within the corporate limits of the town shall be unlawful.
(Code 1984, § 93.08; Ord. No. 1960-8, 10-24-1960; Ord. of 2-17-1986)
FRANKLIN,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—Title 35, Article 47 of the Indiana Code. Article 47 defines “firearms” as “any weapon that is capable of expelling… a projectile by means of an explosion.” Airsoft & BB-Pellet guns, which are powered by compressed air, are not regulated by the state gun laws.
GRIFFITH,
ARTICLE II. OFFENSES AGAINST PUBLIC PEACE AND SAFETY Griffith, Indiana Code of Ordinances
Sec. 46-28. Firearms.
(a)
No persons shall fire or discharge any gun, pistol, or other firearms, or any other weapon operated by means of any explosive charge or by springs or air power, or other means, or any other device having force directed by the user thereof within the town, except upon premises used by a duly licensed or approved shooting gallery, gun or rifle club, or archery range, or any program of organized training or practice in the use of firearms or other weapons approved and supervised by the chief of police, or such officer or other person as the chief of police shall appoint for such purpose. However, it shall not be unlawful to fire or shoot a bow and arrow, so long as the use thereof is restricted to areas at least 1,000 feet distance from any building whether occupied or unoccupied or within 1,000 feet distance of any public street, alley, or highway.
(b)
No cannon or piece of artillery shall be discharged or fired off in any public way or other place within the town, except upon the express permission of the town council.
(c)
The provisions of this section shall not apply to members of the police department or other peace officers engaged in the discharge of their official duties, nor to any person summoned by any of such officers to assist in making an arrest or preserving the peace while such person so summoned is engaged in assisting such officer, nor to sheriffs, coroners, or constables. The restrictions of this section shall not apply to the use or discharge of any gun loaded with blank cartridges when used in athletic contests.
(Code 1984, § 130.02(A))
State law reference— Weapons offenses generally, IC 35-47-1-1 et seq.
County of
HAMILTON
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—Title 35, Article 47 of the Indiana Code. Article 47 defines “firearms” as “any weapon that is capable of expelling… a projectile by means of an explosion.” Airsoft & BB-Pellet guns, which are powered by compressed air, are not regulated by the state gun laws.
HEBRON,
ARTICLE II. WEAPONS Hebron, Indiana Code of Ordinances
Sec. 38-31. Discharge of firearm, air gun, or bow and arrow.
(a)
It shall be unlawful for any person to:
(1)
Discharge any shotgun, rifle, revolver, pistol, or firearms of any kind, or air gun, target gun, or BB gun, or propel an arrow with a bow, upon or across any street, alley, or other public property within the town;
(2)
Discharge any firearms of any kind, or air gun, target gun, or BB gun, or propel an arrow with a bow, upon any private property within the town in such manner that the object projected or propelled thereby shall travel beyond the property lines or limits of such property except with the written prior approval of the owner of the property onto which the object is projected or propelled;
(3)
Discharge any firearms of any kind, or air gun, target gun, BB gun, or propel an arrow with a bow, upon any private property within the town if the person is not the owner or lessee of such private property, or expressly authorized thereby.
(b)
A violation of this section shall be subject to punishment as provided in section 1-9 of this Code. This section shall be subject to the town ordinance violations bureau as set out in chapter 2, article VII.
(Code 1994, § 3-1-5-1)
Consolidated City and County
INDIANAPOLIS/MARION, INDIANA
Chapter 451 WEAPONS Indianapolis – Marion County, Indiana Code of Ordinances
Sec. 451-3. Discharge of weapons across public ways.
It shall be unlawful to shoot across or upon any public street or place, or toward a public way from any private premises, any bullet, pellet, missile or object impelled from any gun, pistol or weapon operated by means of any explosive charge, or by springs, air pressure or other means, or impelled from a slingshot, or any other device having force directed by the user thereof.
(Code 1975, § 20-188)
KENDALLVILLE,
Chapter 9 MISCELLANEOUS PROVISIONS AND OFFENSES Kendallville, Indiana Code of Ordinances
Sec. 9-3. Discharge of air guns.
It shall be unlawful for any person to discharge any air rifle, air pistol or revolver, or any gun operated by CO2 or other gaseous propellants, within the limits of the city.
Chapter 1 GENERAL PROVISIONS Kendallville, Indiana Code of Ordinances
9-3: Penalty:
Discharge of air guns
Fine of: $ 10.00
KNOX,
ARTICLE V. PROHIBIT THE DISCHARGE OF FIREARMS Knox, Indiana Code of Ordinances
Sec. 11-95. Definition.
For purposes of this article, the term “firearm” means any revolver, handgun, pistol, rifle, shotgun, black powder weapon or any other weapon designed or adopted to expel a projectile by an explosive method. The term does not include BB or pellet guns.
LAFAYETTE,
Chapter 11.07 DISCHARGE OF FIREARMS Lafayette, Indiana Municipal Code
11.07.010 Discharge of firearms prohibited.
A.
It is unlawful for any person to shoot, fire, or discharge any firearms of any description, guns, air guns, air pistols, or other mechanical devices which shoot or throw shot, bullets, stones, or other missiles within the city, except, that this section shall not prohibit any officer of the law from discharging a firearm in the performance of such officer’s official duty, nor apply to any citizen when lawfully defending such citizen’s person or property from physical injury.
B.
It is unlawful for any person, except those persons above excluded, by any means to explode, set off, or discharge any firearm shell, shot, or cartridge within the city.
(’71 Code, § 19-14)
(Ord. 62-14, 10-1-62) Penalty, see § 11.07.990
11.07.990 Penalty.
Whoever violates any provision of this title for which no other penalty is otherwise specifically provided shall be fined not more than one thousand dollars ($1,000.00). A separate offense shall be deemed committed on each day that a violation occurs or continues.
LAKE STATION,
DIVISION IX. GENERAL PUBLIC SAFETY REGULATIONS – Lake Station, Indiana – Code of Ordinances
Sec. 6-109. – Discharge of weapons.
(a)
It shall be unlawful for any person to fire, discharge, or release, or cause to be fired or discharged or released within the city limits, or into or inside any public place or property, any weapon, firearm, rifle, shotgun, pistol or air gun, spring gun, gas gun, bow, or any other similar device which is intended to or used to propel a bullet, pellet, arrow, or any other similar projectile. Nothing in this section shall prevent the use of such devices in any place authorized and regulated by the police department of the city provided a permit has been issued by the chief of police; nor shall the use of any such device in defense of person or property as permitted by the law of the state be abridged hereby.
(b)
It shall be unlawful for the parent, guardian, or other person having the care, custody and control of a person under the age of eighteen (18) years to knowingly permit that person to fire, discharge or release, or cause to be released within the city limits, any weapon, firearm, rifle, shotgun, pistol, air gun, spring gun, gas gun, bow, or any other similar device which is intended or used to propel a bullet, pellet, arrow, or similar projectile. Nothing in this section shall prevent the use of such devices in any place authorized and regulated by the police department of the city provided a permit has been issued by the chief of police; nor shall the use of any such device in defense of person or property as permitted by the law of the state be abridged hereby.
(c)
Any weapon used in the violation of any provision of this section may be confiscated by the police and shall be returned or disposed of by the city pursuant to state law governing the disposal of such property.
LAPORTE,
ARTICLE I. IN GENERAL LaPorte, Indiana Code of Ordinances
Sec. 70-3. Unlawful discharge of miscellaneous devices and objects.
It is unlawful for any person to use or shoot any air gun, air pistol, toy gun, toy pistol, slingshot or other mechanical device to shoot or throw shot, bullets, stones or other articles, or to throw or cast, by hand or otherwise, any stone or missile into or within the city.
LOGANSPORT,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—Title 35, Article 47 of the Indiana Code. Article 47 defines “firearms” as “any weapon that is capable of expelling… a projectile by means of an explosion.” Airsoft & BB-Pellet guns, which are powered by compressed air, are not regulated by the state gun laws.
MERRILLVILLE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—Title 35, Article 47 of the Indiana Code. Article 47 defines “firearms” as “any weapon that is capable of expelling… a projectile by means of an explosion.” Airsoft & BB-Pellet guns, which are powered by compressed air, are not regulated by the state gun laws.
MICHIGAN CITY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—Title 35, Article 47 of the Indiana Code. Article 47 defines “firearms” as “any weapon that is capable of expelling… a projectile by means of an explosion.” Airsoft & BB-Pellet guns, which are powered by compressed air, are not regulated by the state gun laws.
MISHAWAKA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—Title 35, Article 47 of the Indiana Code. Article 47 defines “firearms” as “any weapon that is capable of expelling… a projectile by means of an explosion.” Airsoft & BB-Pellet guns, which are powered by compressed air, are not regulated by the state gun laws.
MUNSTER,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—Title 35, Article 47 of the Indiana Code. Article 47 defines “firearms” as “any weapon that is capable of expelling… a projectile by means of an explosion.” Airsoft & BB-Pellet guns, which are powered by compressed air, are not regulated by the state gun laws.
PORTAGE,
ARTICLE III. FIREARMS AND RANGES Portage, Indiana Code of Ordinances
Sec. 54-56. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air-gun shall mean an instrument from which a projectile is propelled by a spring.
Air-rifle shall mean any instrument in which, by means of a lever, air is pumped into a chamber and then released by pulling the trigger; and the release of compressed air forces out the pellet, or any instrument in which compressed carbon dioxide is used to propel the pellet or shot.
Supervised ground area shall mean a private or public area or space designated in a location or site wherein discharge of pellets or projectiles from an air rifle or air gun will prevent the same from traversing any ground or space outside the limits of such designated area or space and wherein a responsible person has power or authority to regulate and direct the activities of the use of such air rifle or air gun in such area or space.
(Code 1985, § 9-3-5)
Cross reference— Definitions generally, § 1-4.
Sec. 54-57. Penalty for violation.
Any person found guilty of violating the provisions of this article shall, upon conviction thereof, be fined the sum of $50.00 for each offense. Each shot fired and/or arrow shot, shall constitute a separate offense.
(Code 1985, § 9-3-5(G); Ord. No. 86-4, § 4, 2-4-86; Ord. No. 88-52, § 5, 11-1-88)
Sec. 54-58. Reserved.
Editor’s note—
Ord. No. 11-31, § 1, adopted Sept. 6, 2011, repealed § 54-58 which pertained to possession and/or discharge of air guns and air rifles and derived from § 9-3-5(B) of the 1985 Code; and Ord. No. 04-59, § 1, adopted Nov. 3, 2004.
Sec. 54-59. Discharge of weapons—Generally.
It shall be unlawful for any person to discharge any, paintball gun or bow and arrow within the limits of the city; provided that this section shall not be construed to prohibit:
(a)
Any officer of the law to discharge a firearm in the performance of his duty;
(b)
Any member of an archery club or paintball gun club to discharge a bow and arrow or paintball gun in furtherance of purposes of the club when the activities of the club have been approved by the board of public works and safety.
(Code 1985, § 9-3-5(C); Ord. No. 88-52, § 2, 11-1-88; Ord. No. 04-12, § 1, 3-2-04; Ord. No. 11-31, § 2, 9-6-11)
Editor’s note—
Ord. No. 11-31, § 3, adopted Sept. 6, 2011, repealed § 54-60 which pertained to discharge of weapons for pest control and protection of land or crops and derived from Ord. No. 88-52, § 4, adopted Nov. 1, 1988
PRINCETON,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—Title 35, Article 47 of the Indiana Code. Article 47 defines “firearms” as “any weapon that is capable of expelling… a projectile by means of an explosion.” Airsoft & BB-Pellet guns, which are powered by compressed air, are not regulated by the state gun laws.
SOUTH BEND,
ARTICLE 4. OFFENSES AGAINST PUBLIC PEACE AND SAFETY – South Bend, Indiana – Code of Ordinances
Sec. 13-58. – Discharging firearms prohibited; exception.
(a)
No person shall shoot any revolver or pistol of any description, shotgun or rifle which may be used for the explosion of cartridges, any air gun, gas-operated gun, spring gun, pellet gun or instrument made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether the instrument is called by any name set forth above or by any other name. [9]
(b)
This section shall not apply to any legally appointed officer in the discharge of his duty.
(Code 1962, § 26-10)
ST. JOHN,
Chapter 12 MISCELLANEOUS PROVISIONS AND OFFENSES – St. John, Indiana – Code of Ordinances
Sec. 12-5. – Discharge, etc. of firearms, air guns, etc.
(a)
It shall be unlawful and prohibited for any person to point, aim, fire, discharge, or to suffer, permit or allow to be pointed, aimed, fired or discharged, any gun, pistol, rifle, revolver, firearm or any other similar weapon or device of any type within the municipal corporate limits of the town, except as otherwise permitted by applicable law.
(b)
The regulations and prohibitions of this section shall not apply to police officers in the performance of their duties.
(c)
The violation of any provision of this section, as amended from time to time, in addition to any penalties prescribed under any applicable state law, shall be punishable as follows for each offense, namely:
(1)
First offense, a fine of no less than three hundred dollars ($300.00).
(2)
Second offense, a fine of no less than five hundred dollars ($500.00).
(3)
Third offense, a fine of no less than one thousand dollars ($1,000.00).
(4)
Fourth offense, a fine of no less than two thousand five hundred dollars ($2,500.00).
Each day of any violation of this section, as amended from time to time, shall constitute a separate offense.
(Code 1983, 36-5-2-9(h), §§ 1, 2, 4; Ord. No. 996, §§ 1—3, 10-3-95)
Sec. 12-6. – Discharge of bows, etc.
(a)
It shall be unlawful for any person to use, shoot, or discharge within the town limits any bow and arrow, slingshot, or other similar device which is intended to propel an arrow, pellet, stone or any other similar projectile.
(b)
It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of eighteen (18) years, to knowingly permit such minor to use, shoot, or discharge any bow and arrow, slingshot, or other similar device which is intended to propel an arrow, pellet, stone or any other similar projectile within the town limits.
(Code 1983, 36-5-2-9(h), §§ 5, 6)
SYRACUSE,
Abstract Unavailable -NOTE: At the time of this writing, the Town of Syracuse has not since made available, abstracts of the following. While there may be ordinances and/or laws with specific regard to air-powered or spring guns, we suggest contacting the local law enforcement, an attorney or town officials for more detailed information.
ARTICLE 5. FIREARM REGULATIONS – Syracuse, Indiana – Code of Ordinances
ARTICLE 16. COMPRESSED GAS OR GAS-OPERATED WEAPON REGULATIONS – Syracuse, Indiana – Code of Ordinances. SEE ABOVE NOTE.
TIPTON,
Chapter 8 MISCELLANEOUS PROVISIONS AND OFFENSES – Tipton, Indiana – Code of Ordinances
Sec. 8-1. – Discharge of firearms.
(a)
For the purpose of this section, the word “gun” shall mean and be taken as any firearm, air gun or other device whereby anything is or can be discharged, thrown or propelled into space for any distance, by any means, whether mechanical, explosive or otherwise.
(b)
It shall be unlawful to use, operate, discharge or otherwise cause the operation or discharge of any gun within the corporate limits of the city.
(c)
Subsection (b) shall not apply to duly authorized law enforcement officers in the performance of their official duties.
(Code 1973, §§ 28.01—28.03)
VERSAILLES,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—Title 35, Article 47 of the Indiana Code. Article 47 defines “firearms” as “any weapon that is capable of expelling… a projectile by means of an explosion.” Airsoft & BB-Pellet guns, which are powered by compressed air, are not regulated by the state gun laws.
WABASH,
DIVISION VI. PARKING REGULATIONS – Wabash, Indiana – Code of Ordinances
Sec. 8-146. – Municipally owned public parking area regulations
a.
All of the following rules shall apply to all municipally owned public parking areas within the corporate limits of the City of Wabash, as such corporate limits now exist or may hereafter exist following annexation of additional areas:
7.
Firearms, air rifles, BB guns, bows and arrows, other weapons, other projectiles and dangerous objects may not be displayed or used anywhere on the premises.
WANATAH,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—Title 35, Article 47 of the Indiana Code. Article 47 defines “firearms” as “any weapon that is capable of expelling… a projectile by means of an explosion.” Airsoft & BB-Pellet guns, which are powered by compressed air, are not regulated by the state gun laws.
WARSAW,
ARTICLE III. OFFENSES INVOLVING PUBLIC SAFETY Warsaw, Indiana Code of Ordinances
Sec. 54-63. Discharge of air rifles, air pistols or revolvers or CO2 guns.
It shall be unlawful for any person to discharge any air rifle, air pistol or revolver or any gun operated by CO2 or other gaseous propellants within the limits of the city. The provisions of this section do not apply to:
(1)Police officers while engaging in official duties;
(2)Members of the Armed Forces of the United States or the National Guard, when engaging in official duties as such;
(3)Persons exercising their legal right of self-defense or defense of others.
West Lafayette,
CHAPTER 65 – NUISANCES AND MISCELLANEOUS
Sec. 65.30. Air rifles, firearms, etc.–discharge.5
It be unlawful for any person to shoot, fire or discharge any firearms of any description, guns, air-guns, air pistols or other mechanical device, to shoot or throw shot, bullet, stones or other missile within the city; except, that this section shall not prohibit any officer of the law to discharge a firearm in the performance of official duty, nor to any citizen when lawfully defending person or property from physical injury.
It shall be unlawful for any person, except those persons above excluded, by any means to explode, set off or discharge any firearm shell, shot or cartridge, the shooting of which may cause damage or injury to person or property within the city. (Code 1960, § 15-15)
5 As to weapons generally, see Indiana Code chapters 35-47-1 to 35-47-13. As to prohibition against discharge of firearms, air rifles, etc., in parks, see § 24.137 of this code.
Sec. 65.03. Penalties.
Violation of Section 65.01 shall be punishable by a fine of not less than $50 nor more than $500.
The minimum fine for any second or subsequent violation of Section 65.01 shall be $200. (Ord.
No. 31-99 § 3)
WESTFIELD,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—Title 35, Article 47 of the Indiana Code. Article 47 defines “firearms” as “any weapon that is capable of expelling… a projectile by means of an explosion.” Airsoft & BB-Pellet guns, which are powered by compressed air, are not regulated by the state gun laws.
WHITING,
ARTICLE IV. WEAPONS – Whiting, Indiana – Code of Ordinances
Sec. 12-126. – Discharging pellet guns prohibited.
It is unlawful for any person to fire or discharge, within the city limits, any air gun, spring gun, or other similar device commonly called a BB gun, which is intended to propel a pellet, bullet, or any similar projectile; provided, however, that nothing in this section shall prevent the use of such weapons in shooting galleries or in any authorized place regulated by the police department.
(Code 1962, § 17-201; Code 1979, § 9.32.010)
Sec. 12-127. – Allowing minors to discharge pellet guns prohibited.
It is unlawful for the parents, guardian, or other adult person having care and custody of a minor under the age of 21 years to knowingly permit such minor to fire any air gun, spring gun, or other similar device commonly known as and called a BB gun, which is intended to propel a pellet, bullet, or any other similar projectile within the city limits.
(Code 1962, § 17-202; Code 1979, § 9.32.020)
Sec. 12-128. – Discharging gun within city prohibited.
It is unlawful and shall be deemed disorderly conduct for any person to discharge any gun, pistol or revolver within the corporate limits of the city, except when necessary to protect his person or property.
(Code 1962, § 17-521; Code 1979, § 9.32.040)
WINONA LAKE,
ARTICLE IV. FIREARMS, WEAPONS AND AIRGUNS Winona Lake, Indiana Code of Ordinances
Sec. 42-86. Discharge of air rifles, etc., prohibited.
It shall be unlawful for any person to discharge any rifle, air pistol or revolver or any gun operated by air, CO gas, or other gaseous propellants within the limits of the town.
(Ord. No. 2005-10-2, 10-25-2005)
IOWA-
Iowa State Air-gun laws described:
724.1 OFFENSIVE WEAPONS.
An offensive weapon is any device or instrumentality of the
following types:
1. A machine gun. A machine gun is a firearm which shoots or is
designed to shoot more than one shot, without manual reloading, by a
single function of the trigger.
2. A short-barreled rifle or short-barreled shotgun. A
short-barreled rifle or short-barreled shotgun is a rifle with a
barrel or barrels less than sixteen inches in length or a shotgun
with a barrel or barrels less than eighteen inches in length, as
measured from the face of the closed bolt or standing breech to the
muzzle, or any rifle or shotgun with an overall length less than
twenty-six inches.
3. Any weapon other than a shotgun or muzzleloading rifle,
cannon, pistol, revolver or musket, which fires or can be made to
fire a projectile by the explosion of a propellant charge, which has
a barrel or tube with the bore of more than six-tenths of an inch in
diameter, or the ammunition or projectile therefor, but not including
antique weapons kept for display or lawful shooting.
4. A bomb, grenade, or mine, whether explosive, incendiary, or
poison gas; any rocket having a propellant charge of more than four
ounces; any missile having an explosive charge of more than
one-quarter ounce; or any device similar to any of these.
5. A ballistic knife. A ballistic knife is a knife with a
detachable blade which is propelled by a spring-operated mechanism,
elastic material, or compressed gas.
CEDAR FALLS,
ARTICLE I. IN GENERAL – Cedar Falls, Iowa – Code of Ordinances
Sec. 19-15. – Discharge of firearms.
(d)
No person shall discharge or carry on or about his/her person or in a vehicle any air rifles, pellet guns or similar devices capable of discharging any leaden or other dangerous missile or substance within the city, except peace officers in the line of duty. However, it shall be lawful to carry one or more unloaded air rifles, pellet guns or similar devices if the unloaded weapon is carried in a gun case or closed container which is too large to be effectively concealed on the person or within the clothing of an individual.
CEDAR RAPIDS,
CHAPTER 63 OFFENSES AGAINST PUBLIC SAFETY Cedar Rapids, Iowa Code of Ordinances
63.10A FIREARMS.
(a)
No person shall carry upon his person or have in his possession any loaded or uncased cannon, gun, fowling piece, air gun, gas or air operated pellet gun, other firearm or gun of any nature or type, except with the written permission of the Chief of Police or his/her designee and upon the filing of a certificate of liability insurance satisfactory to the City.
(b)
It shall be unlawful for any person under eighteen years of age to carry or have in his possession an air gun, gas or air operated pellet gun, or firearm or gun of any nature or type when not under the supervision of a parent, guardian or other person over the age of eighteen having the care and custody of said under aged person.
(c)
No person, except a duly authorized peace officer, shall discharge any cannon, gun, fowling piece, air gun, gas or air operated pellet gun, other firearm or gun of any nature or type, except with the written permission of the City Council and upon the filing of a certificate of liability insurance satisfactory to the City Council.
CENTERVILLE,
Chapter 8.04 Minor Offenses – Centerville, Iowa – Code of Ordinances
8.04.110 – Discharging of weapons.
(a)
No person shall discharge any cannon, shotgun, rifle, pistol, air gun, or shoot a bow (cross bow) or any other firearm or dangerous instrument within the city. However, this prohibition shall not apply to law enforcement Officers using firearms, organized functions, e.g. Veterans Services, or bow hunters (cross bows) bow (cross bow) hunters must complete a bow hunter shooting proficiency test and comply with all Iowa DNR Rules covering Bow hunting of deer and possess a valid State of Iowa hunting license and a City of Centerville deer hunting permit issued by the city administrator or designee.
8.04.120 – Penalty for violation.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than three hundred dollars and court costs, or may be imprisoned in the city or county jail for a term not to exceed thirty days. Each day’s violation shall be deemed a separate and distinct offense.
(Ord. 929 § 1, 1970; 1942 Rev. Ords. § 842)
(Ord. No. 1298, § 2, 9-6-2011).
COUNCIL BLUFFS,
Chapter 8.74 DISCHARGING FIREARMS IN CITY LIMITS – Council Bluffs, Iowa – Code of Ordinances
8.74.010 – Discharge of firearms in city limits.
No person or members of a corporation, firm or organization shall discharge any firearm or any apparatus capable of propelling a missile, including but not limited to any air rifle or gun, CO2 rifle or gun, slingshot or bow and arrow, within the corporate limits of the city, or on city-owned property outside the corporate limits of the city, except upon the following conditions:
(1)
A firearm may be discharged in an enclosed structure upon a firing range approved as safe by the city, and then only after obtaining a permit from the city clerk;
(2)
Apparatus capable of firing a missile, exclusive of firearms, may be operated on one’s own property and upon the property of another, with the consent of the owner; provided, that said apparatus is not being utilized for the purpose of hunting and that the projectile discharged at no time crosses the boundary of the property;
(3)
Apparatus capable of firing a missile, exclusive of firearms, may be operated on one’s own property and upon the property of another, with the consent of the owner for the purpose of hunting; provided, that the property is zoned either A-1 or A-2, and the projectiles so discharged at no time cross the boundary of the property;
(4)
Firearms may be discharged on outdoor ranges in A-1, A-2, and G-M zoning districts if the location and safety of the range has been approved by the city, and then only after obtaining a permit from the city clerk;
(5)
Nothing in this chapter shall prohibit any federal, state or city law enforcement officer from discharging a firearm while in the lawful performance of such officer’s duties.
(Ord. 5215 § 1, 1995).
8.74.020 – Penalty for violation.
Any person found guilty of a violation of any of the provisions of this chapter shall, upon conviction, be subject to the penalty provisions of Section 8.02.020 of this code. Each day that a violation is allowed to continue shall constitute a separate and distinct violation. At the discretion of the city attorney, any violation of the provisions of this chapter may be pursued as a municipal infraction according to the terms of Chapter 1.95 in lieu of criminal prosecution.
(Ord. 5626 § 1, 2001).
DES MOINES,
1
ORDINANCE NO. 14,903
AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, as heretofore amended, by repealing and replacing subsection (b) of Section 70-81, subsection (b) of Section 70-82, Section 70-84, subsection (a) of Section 70-86, Section 70-87, Section 70-88, Section 70-89 and Section 70-90, regarding hunting and the use of firearms, BB guns, and bows and arrows.
BE IT ORDAINED by the City Council of the City of Des Moines, Iowa:
Section 1. That the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, and amended by Ordinance No. 13,999 passed September 24, 2001, and by Ordinance No. 14,131 passed August 5, 2002, and by Ordinance No. 14,524 passed December 19, 2005, and by Ordinance No. 14,587 passed September 25, 2006, and by Ordinance No. 14,710 passed October 8, 2007, and by Ordinance No. 14,878 passed August 10, 2009, be and is hereby amended by repealing and replacing subsection (b) of Section 70-81, subsection (b) of Section 70-82, Section 70-84, subsection (a) of Section 70-86, Section 70-87, Section 70-88, Section 70-89 and Section 70-90, regarding hunting and the use of firearms, BB guns, and bows and arrows, as follows:
Sec. 70-81. Air-guns and BB guns.
. . .
(b) No person shall shoot, fire, or discharge any air gun or BB gun, except pursuant to sections 70-82 and 70-84 of this article and section 22-101 of this code, within the city or within a city-owned park without written permission of the chief of police. Such permission shall limit the time and place of shooting and may be revoked by the chief of police.
. . .
Sec. 70-82. Use of air guns and BB guns.
. . .
(b) No person shall shoot, fire or discharge any air gun or BB gun under authority of this section in such fashion that the discharged pellet, projectile or BB travels beyond the building in which such air gun or BB gun is fired or, for outdoor shooting, beyond the boundaries of the designated shooting area in which the person is shooting.
2
Sec. 70-84. Hunting.
(a) No person shall pursue, hunt, kill, snare, net, search for, shoot at, stalk, or lie in wait for any game, animal, or bird with an air gun, BB gun, firearm, bow and arrow, or any other thrown or propelled device within the city limits except as provided in subsections (b), (c), (d) and (e) of this section, and sections 70-81(d) and 22-101 of this code.
(b) Licensed bow hunters meeting the requirements established by the state department of natural resources (DNR) may hunt antlerless deer within the areas designated as the “Des Moines Special Deer Management Zones” on public or private property, under all the following conditions:
(1) Hunting may occur only on dates designated by the DNR as bow hunting season in the Des Moines Special Deer Management Zone (zone) by persons who are at least 18 years of age and licensed for such hunting, and this license must be carried on his or her person;
(2) Hunters must have written permission from the property owner and must carry that written permission form on his or her person and the portion of the special deer management zone map which verifies that the property is within the zone;
(3) Hunters cannot carry an uncased bow within 100 feet of any residence or within 75 feet of any trail, road or building;
(4) Hunters must have a permit issued by the director of the park and recreation department and comply with the terms and conditions of such permit.
(5) Upon application of the property owner, the director of the park and recreation department may issue a permit which waives the 100 feet residency requirement as provided in subsection (b)(3) of this section and provide for a lesser distance. Such waiver permit may be issued only after an on-site inspection by the park and recreation department and a determination by the director that the hunt may be safely performed. Such waiver permit may include special hunt restrictions to ensure the safety of the hunt and must adhere to the distance requirements provided in subsection (b)(3) of this section from adjoining properties;
(6) Hunters must take all shots from an elevated stand and shoot no further than 25 yards;
(7) Hunters must comply with all rules of the state department of natural resources for hunting in such zone; and
(8) Hunters must take all deer meat to be processed or given to charity.
(c) Bow hunting for deer may occur in Des Moines Water Works Park according to the requirements of this Code if permitted by resolution of the city water works board of trustees, which resolution may impose greater restrictions than are provided in this Code. No hunting may occur in any other park owned by the city and operated by the park and recreation department except bow hunting for deer during the dates designated by the DNR as bow hunting season within the areas designated as the “Des Moines Special Deer Management Zones” with written permit issued by the park and recreation director, which permit may limit the dates, time of day and area that hunting is allowed. No hunting may occur within
3
75 feet of any city-owned recreational trail or on any other property owned or leased by the city, other than the water works park, except as provided in section 22-101 of this code.
(d) Licensed bow hunters meeting the requirements established by the state department of natural resources (DNR) may hunt antlered deer within the areas designated as the special deer management zones on public or private property, under all the following conditions:
(1) All conditions listed in subsection (b) above must be met.
(2) A limited number of antlered deer may be taken according to an incentive program that may be adopted by the county deer task force and approved by the state department of natural resources (DNR).
(e) Hunting, including but not limited to hunting for deer and waterfowl, may occur on private property subject to compliance with each of the following limitations:
1. All such hunting activities must be conducted in compliance with all rules and regulations imposed by the code of Iowa and the Iowa department of natural resources, including, but not limited to, all licensing provisions of the Iowa department of natural resources.
2. No firearm may be used for any such hunting activity except a shotgun, muzzle loading rifle, or BB gun rifle. Pistols shall not be used for hunting.
3. The property must be a minimum of twenty (20) contiguous acres or more in size, located within the A-1 agricultural district, and assessed as agricultural property for property tax purposes.
4. The hunters must either be under the direct supervision of a record titleholder of the property, or have in their possession written permission from a record titleholder of the property to hunt on such property.
5. No person shall hunt with a bow or BB gun rifle within 100 feet of a public park or public street, highway or recreational trail; and no person shall hunt with a firearm within 200 yards of a public park or public street, highway or recreational trail.
6. A person shall not hunt with a bow or BB gun rifle within 100 feet of a building inhabited by people or domestic livestock or within 100 feet of a feedlot as defined in I.C. §481A.123, and no person shall hunt with a firearm within 200 yards of a building inhabited by people or domestic livestock or within 200 yards of a feedlot, unless the owner or tenant of such building or feedlot has given consent.
7. A person shall not shoot any firearm, BB gun or arrow on or over any public waters, highways, streets, alleys or recreational trail, or any railroad right-of-way.
8. No person shall hunt with a shotgun using slugs or with a muzzle loading rifle except for deer hunting from an elevated stand or platform at least 10 feet above the ground, and without the aid of other persons used to drive or concentrate the deer in the vicinity of the hunter.
(f) Any violation of this section is punishable as provided in section 1-15 of this Code.
Sec. 70-86. Discharging firearms.
4
(a) No person shall fire or discharge any cannon, gun, pistol or other firearm within the city, except as provided in this section or for hunting as permitted by section 70-84.
. . .
Sec. 70-87. Use of bows and arrows generally.
Except as provided in section 70-84 of this article, no person shall shoot a bow and arrow within the city, except pursuant to sections 70-88, 70-89, and 70-90 of this article, without permission from the chief of police, which permission shall limit the time and place of shooting and may be revoked by the chief of police. In this section and in sections 70-88, 70-89 and 70-90 of this article, the term “shoot a bow and arrow” means to place the nock of the arrow in the string of a bow or of any other object and to release the arrow in such fashion that, when the string is pulled and released, the arrow thrusts forward.
Sec. 70-88. Restrictions on use of bows and arrows.
No person shall shoot a bow and arrow within the city limits except as follows:
(1) Any person may participate in a supervised program of physical education or competitive sports in a public or private school.
(2) Any person may shoot a bow and arrow at a public or private lane or range that has been certified by the Archery Range and Retailers Organization or the National Field Archery Association.
(3) Any participant may shoot a bow and arrow in a tournament which either has been approved by the city manager or his or her designee at least one week prior to the time of the tournament and for which tournament rules have been submitted to the city manager or his or her designee or which is conducted at a licensed lane or range.
(4) Any person may shoot a bow and arrow on private or school property, provided the requirements of section 70-89 of this article are met.
(5) A properly licensed qualified person may shoot a bow and arrow for hunting as provided in section 70-84 of this article.
Sec. 70-89. Use of bows and arrows on private or school property.
No person shall shoot a bow and arrow in such fashion that it travels beyond the boundaries of the private or school property on which the person is shooting. Except as provided in section 70-84 of this article, any person shooting a bow and arrow on private or school property shall direct the arrow toward a backdrop composed of a substance which will not allow the arrow to pass through, and such backdrop must extend at least five feet beyond the target on the top and both sides and must extend from the bottom of the target to the ground. The target shall be constructed and installed so that the target face cannot move more than two inches in any direction.
Sec. 70-90. Use of bows and arrows for hunts.
No person shall shoot a bow and arrow within the city limits at any living being such as an animal, bird, fish, or fowl, except as provided in section 70-84 of this article.
5
Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.
FORM APPROVED:
Roger K. Brown, Assistant City Attorney
T. M. Franklin Cownie, Mayor
Attest:
I, Diane Rauh, City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 09-1953), passed by the City Council of said City at a meeting held October 26, 2009 signed by the Mayor on October 26, 2009 and published as provided by law in the Business Record on November 9, 2009. Authorized by Publication Order No. 6864.
Diane Rauh, City Clerk
ARTICLE III. OFFENSES AGAINST PUBLIC SAFETY Des Moines, Iowa Code of Ordinances
Sec. 70-81. Air-guns and BB guns.
(a)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Air gun means any gun, including handguns, capable of propelling a pellet or other projectile from the barrel of such gun by non-explosive means, such as compressed air, CO2 or other gas.
BB gun means any air gun capable of propelling a BB or other projectile from the barrel by means of a spring mechanism or air.
Shoot, fire, or discharge means the act of triggering the mechanism of an air gun or BB gun so that it propels a pellet, BB or other projectile from the barrel of such gun.
(b)
No person shall shoot, fire, or discharge any air gun or BB gun, except pursuant to sections 70-82 and 70-84 of this article and section 22-59 of this Code, within the city or within a city-owned park without written permission of the chief of police. Such permission shall limit the time and place of shooting and may be revoked by the chief of police.
(c)
No person under the age of 18 shall shoot, fire or discharge any air gun or BB gun unless under the direct supervision of an adult.
(d)
No person shall shoot, fire or discharge any air gun or BB gun at any live animal or bird unless express written permission to do so has been granted by the chief of police, except as provided in section 22-59 of this Code.
(C75, § 17-35.02; O.9036; C79, C91, § 17-35.02; O.13,999, 14,903)
Cross reference— Definitions generally, § 1-2.
Sec. 70-82. Use of air guns and BB guns.
(a)
Air-guns and BB guns may be fired or discharged within the city by persons for target shooting purposes without written permission of the chief of police in the following situations:
(1)
In connection with educational programs of a public or private school under the supervision of school personnel.
(2)
At enclosed shooting ranges or firing ranges, either in target competition or in practice, under the continuing supervision of the owner or his or her designee.
(3)
In any park areas specifically designed for such and designated by the city park and recreation board, under such rules as that board may enact to ensure the safety of participants and others.
(4)
In enclosed private buildings.
(b)
No person shall shoot, fire or discharge any air gun or BB gun under authority of this section in such fashion that the discharged pellet, projectile or BB travels beyond the building in which such air gun or BB gun is fired or, for outdoor shooting, beyond the boundaries of the designated shooting area in which the person is shooting.
(C75, § 17-35.03; O.9036; C79, C91, § 17-35.03, 14,903)
KEOKUK,
Chapter 8.06 WEAPONS* – Keokuk, Iowa – Code of Ordinances
8.06.010 – Discharging firearms
(d)
No person shall discharge or carry on or about his person, or in a vehicle, any air rifles, pellet guns, sling shots or similar devices capable of discharging any leaden or other dangerous missile or substance within the city, except peace officers in the line of duty. However, it is lawful to carry one or more unloaded air rifles, pellet guns or similar devices if the unloaded weapons are carried in gun cases or closing containers which are too large to be effectively concealed on the person or within the clothing of an individual.
(Ord. No. 1905, § 1, 5-19-11)
Editor’s note—
Ord. No. 1905, § 1, adopted May 19, 2011, repealed the former § 8.06.010, and enacted a new § 8.06.010 as set out herein. The former § 8.06.010 pertained to similar subject matter and derived from Ord. No. 1636, 1995.
State law reference— For statutory provisions pertaining to weapons generally, see I.C.A. Ch. 724
MOUNT PLEASANT,
ARTICLE V. OTHER OFFENSES Mount Pleasant, Iowa Code of Ordinances
Sec. 14-66. Air guns, bows, sticks and similar projectiles.
(a)
It shall be unlawful for any person to shoot or discharge any bow, air gun, pellet gun, slingshot, wrist rocket or similar device.
(b)
It shall be unlawful for any person to throw any stone or stick with the intent of damaging or defacing any private or public property or with the intent to cause injury to any person or animal.
(c)
Notwithstanding the foregoing, the parks and recreation director, with prior approval of the city council, may establish locations within the city where the use of the above devices may be permitted. The parks and recreation director shall promulgate appropriate rules and regulations governing the use of these facilities, which rules and regulations shall receive prior approval of the city council.
(d)
It shall be unlawful for any person to utilize any such facility established by the city contrary to the rules and regulations as posted at the facility site or as available from the parks and recreation department.
(Code 1969, §§ 7.08.130, 7.08.140; Ord. No. 781, § 1, 6-27-90)
Cross reference— Parks and recreation, Ch. 15.
OSKALOOSA,
Chapter 9.28 WEAPONS Oskaloosa, Iowa Code of Ordinances
9.28.010 Discharge prohibited.
It is unlawful for a person to discharge rifles, shotguns, revolvers, pistols, guns or firearms of any kind within the city limits except by authorization of the police chief.
(Prior code §2.1-1.0416)
9.28.020 Throwing or shooting missiles.
It is unlawful for a person to throw stones, bricks, wood or other substances or missiles of any kind whereby any person may be hit or injured or any windows broken or other property injured, or to shoot arrows, rubber guns, slingshots, air rifles or other dangerous instruments or toys on or into any street, alley, highway, sidewalk, public way, public ground, or public building, without written consent of the city manager.
Nothing herein shall prohibit the hunting of deer with bow and arrow by persons issued permits by the City of Oskaloosa pursuant to the rules adopted by the city, in those areas designated by the city, during those periods designated annually by the Iowa Department of Natural Resources for such hunting by persons issued licenses by the Iowa Department of Natural Resources.
(Prior code §2.1-1.0417)
(Ord. No. 1280, § 1, 12-21-2009)
OTTUMWA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—Title 35, Article 47 of the Indiana Code. Article 47 defines “firearms” as “any weapon that is capable of expelling… a projectile by means of an explosion.” Airsoft & BB-Pellet guns, which are powered by compressed air, are not regulated by the state gun laws.
Kansas-
Kansas State Air-gun laws defined:
Article 16. – MISCELLANEOUS PROVISIONS
12-16,115. Imitation firearms; civil penalty for sale, manufacture or distribution. (a) Any person who sells, manufactures or distributes an imitation firearm in violation of this section shall be liable for a civil penalty in an action brought by the city attorney of the city or the county or district attorney of the county of not more than $10,000 for each violation. Penalties recovered pursuant to this section shall be deposited in the general fund of the city or county.
(c) As used in this section, the term “imitation firearm” means a replica of a firearm which is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. The term “imitation firearm” does not include: (1) A non-firing collector’s replica of an antique firearm which was designed prior to 1898, is historically significant, and is offered for sale in conjunction with a wall plaque or presentation case; (2) a non-firing collector’s replica of a firearm which was designed after 1898, is historically significant, was issued as a commemorative by a nonprofit organization and is offered for sale in conjunction with a wall plaque or presentation case; or (3) a pneumatic, spring, spring-air or compressed-gas powered non-powder gun that is commonly called an air gun and is designed to discharge BB’s, pellets or paint balls.
ARKANSAS CITY,
ARTICLE II. PUBLIC OFFENSE CODE Arkansas City, Kansas Code of Ordinances
Sec. 42-28. Air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun; section 10.6 of the Standard Uniform Public Offense Code amended.
The unlawful operation of an air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun is the shooting, discharging or operating of any air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun, with in the city except (a) within the confines of a building or other structure or (b) on any contiguous tract or tracts of land of 30 acres or more, from which the projectiles cannot and do not escape.
(Ord. No. 2012-12-4321, § 1, 12-4-2012)
ATCHISON,
ARTICLE II. MERCHANT POLICE SERVICES – Atchison, Kansas – Code of Ordinances
Sec. 26-42. – Firearm discharge.
(a)
It shall be unlawful for any person to discharge any gun, revolver, pistol or other firearm or air gun within the city; provided:
(1)
That the provisions of this section shall not apply to the discharging of firearms in any licensed shooting gallery or by a gunsmith in his trade, or by officers of the law in the discharge of their duties; and
(2)
That the provisions of this section shall not apply to the discharge of firearms on any land zoned agriculture containing ten (10) or more acres that have been preapproved for target or skeet shooting; and
(3)
That the provisions of this section shall not apply to the discharge of firearms on tracts of two (2) or more acres for the protection of authorized livestock.
(b)
Violation of this section is a Class B misdemeanor.
(Ord. No. 5862, § 22, 8-17-92; Ord. No. 6203, § 1, 1-18-05)
CHANUTE,
Chapter 9.72 WEAPONS – Chanute, Kansas – Code of Ordinances
9.72.050 – Air gun, slingshot use unlawful—Penalty.
It is unlawful for any person to use or discharge, or to permit his child to use or discharge, any air gun, air rifle, slingshot, or pellet gun. Any person violating the provisions of this section shall, upon conviction thereof, be fined in any sum not exceeding $25.00.
Chapter 12.24 PARKS AND CAMPGROUNDS – Chanute, Kansas – Code of Ordinances
12.24.040 – Firearms and fireworks.
It is unlawful for any person to discharge firearms, air guns, sling shots, firecrackers, bombs, torpedoes, rockets or any other type of firework or pyrotechnic except for public display as authorized by city commission.
(Ord. 2264 §3(part), 1985).
CLEARWATER,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference—
CONCORDIA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—
DERBY,
Chapter 9.01 UNIFORM PUBLIC OFFENSE CODE – Derby, Kansas – Code of Ordinances
10.6 AIR GUN, AIR RIFLE, BOW AND ARROW, SLINGSHOT, BB GUN OR PAINT BALL GUN.
(a)
Except as otherwise provided in this section or section 10.6.1, it shall be unlawful for any person to shoot, discharge or operate any air gun, air rifle, bow and arrow, slingshot, BB or paint ball gun within the City.
(b)
It is unlawful for any person, other than a law enforcement or animal control officer, to discharge or fire an air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun within the City, except within the confines of a building or other structure from which the projectiles cannot escape, or within or upon a property or facility licensed by the City for that purpose; or to carry any such weapon on the streets, alleys or public places in the City unless the same is dismantled or in a scabbard.
(c)
The chief of police may authorize, in writing, any charitable or educational organization to conduct training and instruction in the safe use of air guns, air rifles, bows and arrows, slingshots, BB guns or paint ball guns, including training in the shooting or discharge of the same, when he or she finds that such training and instruction will be conducted under the supervision of qualified instructors, that the site of such training and instruction does not pose a danger to the public, and that the organization proposing to conduct such training and instruction has procured insurance coverage of a type and amount deemed adequate by the city attorney.
Unlawful operation of an air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun is a Class C violation.
AA.
The Uniform Public Offense Code is hereby amended by addition thereto of a new section, designated section 10.6.1, to read as follows:
10.6.1 OPERATION OF AIR GUN, AIR RIFLE, BOW AND ARROW, BB GUN OR PAINT BALL GUN ON PROPERTY ZONED R-1C SUBURBAN SINGLE-FAMILY RESIDENTIAL DISTRICT.
(a)
Air guns, air rifles, bow and arrows, BB guns and paintball guns may be fired, discharged or operated on property zoned R-1C Suburban Single-Family Residential District, but only when in compliance with this section.
(b)
No person shall fire, discharge or operate any air gun, air rifle, bow and arrow, BB or paintball gun on property zoned R-1C Suburban Single-Family Residential District in a manner so as to allow a projectile shot or discharged from any such device to leave the property on which it was discharged.
(c)
No owner or occupant of property zoned R-1C Suburban Single Family Residential District shall allow another to fire, discharge or operate any air gun, air rifle, bow and arrow, BB or paintball gun in a manner so as to allow a projectile shot or discharged from any such device to leave the property upon which it was discharged.
(d)
No air gun, air rifle, bow and arrow, BB gun or paintball gun shall be fired, discharged or operated pursuant to this section unless such device and any projectile fired or discharged therefrom complies with the following requirements:
(1)
Paint ball guns:
(A)
persons under 18 years of age must wear eye and face protection when firing, discharging or operating any such device; and
(B)
muzzle velocity shall not exceed 400 feet per second.
(2)
Bow and arrows:
(A)
arrows shall have target or safety tips; razor or expanding tips are prohibited; and
(B)
bows shall not be capable of propelling an arrow at a speed greater than 300 feet per second;
(3)
BB guns, air guns and air rifles:
(A)
projectiles shall be no larger than .177 caliber; and
(B)
muzzle velocity shall not exceed 650 feet per second.
Violation of this section is a class C offense.
EL DORADO,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference—
FORT SCOTT,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference—
GARDEN CITY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference—
GOODLAND,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference—
GREAT BEND,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference—
HAYS,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference—
INDEPENDENCE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference—
IOLA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference—
JOHNSON COUNTY,
ARTICLE 1. PUBLIC SAFETY Johnson County, Kansas Code of Resolutions
Sec. 2.1.7. Firearms and weapons.
Except as provided in subsections (a), (b) and (c) below, no person shall discharge, use or carry, within the boundaries of District Facilities, any firearm, air gun, spring gun, blank gun, slingshot, blow gun, or any other device in which force is used to propel projectiles.
(a)
This section shall not apply to law enforcement officers who are authorized by law to carry a firearm.
(b)
This section shall not apply to other persons who are authorized by law to carry a firearm for the performance of their official duties, when said persons are performing their official duties.
(c)
This section shall not apply to persons using archery equipment in conformity with the provisions of Section 2.1.5 of this Code.
(d)
This section shall not apply to persons using BB gun equipment at the Timber Ridge Adventure Center’s BB Gun Range through participation in that facility’s programs or facility rental.
(e)
This section shall not apply to persons who are duly licensed under the Kansas Personal and Family Protection Act, K.S.A. 75-7c01 et seq., and amendments thereto, to carry a concealed weapon and only while such persons are on or in District Facilities which are not otherwise signed as required by law to prohibit weapons.
Chapter 14 AVIATION Johnson County, Kansas Code of Resolutions
Sec. 14-4. Prohibitions.
(e)
Weapons. It shall be unlawful for any person, except law enforcement officers, to possess firearms, air rifles, BB guns, pellet guns and slingshots within the airports and related facilities.
Sec. 14-1. Penalty.
Any person who shall willfully violate any of the provisions herein shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $100.00 or by imprisonment for not more than three months or by such fine and imprisonment.
(Res. No. 76-78, art. IV, X-XX-1978)
JUNCTION CITY,
ARTICLE IX. OFFENSES AGAINST THE PUBLIC SAFETY – Junction City, Kansas – Code of Ordinances
SECTION 220.765: – UNLAWFUL SHOOTING IN CITY
A.
It is unlawful for any person to discharge, shoot or otherwise fire any gun, pistol, rifle or any device that launches a projectile with the use of compressed air, CO2 or chemical explosion within the City limits.
B.
Exceptions. Shooting shall not be unlawful if done:
1.
By a sworn Law Enforcement Officer in the discharge of the officer’s duties.
2.
By any person otherwise lawfully in possession of a firearm who discharges said firearm in a situation where said person is deemed to be acting in self-defense or defense of another as defined by the laws of the State of Kansas.
3.
By any person utilizing an approved range existing within the City which is in full conformity with all applicable City Codes, to include Zoning, Building, and Fire.
4.
By any person who is otherwise authorized to do so by the laws of the State of Kansas or of the United States of America.
C.
Unlawful shooting in the City is a Class B misdemeanor.
(CC 1965 §12-905; Ord. No. G-496 §2, 10-14-80; Ord. No. G-887 §1, 7-20-99)
SECTION 220.780: – SHOOTING AIRGUNS IN THE CITY
A.
It shall be unlawful for any person to shoot any BB gun, air gun, CO2 gun or pellet gun along, upon, or across any street, alley, or public ground or along a pond or across the private property of any other person without permission within the City unless the same is otherwise authorized by the applicable public agency or the laws of the State of Kansas.
B.
Unlawful shooting of air guns in the City as set forth herein is a Class C misdemeanor.
(CC 1965 §12-908; Ord. No. G-622 §1, 11-19-85)
LARNED,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference—
LEAVENWORTH,
Chapter 70 OFFENSES Leavenworth, Kansas Code of Ordinances
Sec. 70-2. Same—Amendments
Section 10.1(a)(5) is deleted.
Section 10.6. Section 10.6, Air Gun, Air Rifle, Bow and Arrow, Slingshot or BB Gun of the Uniform Public Offense Code is hereby amended to read as follows:
AIR GUN, AIR RIFLE, BOW and ARROW, SLINGSHOT or BB GUN. The unlawful operation of an Air Gun, Air Rifle, Bow and Arrow, Slingshot or BB Gun is the shooting, discharging or operating of any Air Gun, Air Rifle, Bow and Arrow, Slingshot or BB Gun, within the City, except by permit authorized by the City for deer hunting or within the confines of a building or other structure from which to projectiles cannot escape provided that Bow and Arrow may be used in an open air archery range meeting the following requirements.
1)
An open, flat plain with a clear and unobstructed field of distance. The maximum distance between archer and target shall be no more than 40 yards.
2)
Target shall be situated so that any path, target, road or building is located with a 30 degree arc centered perpendicular with the shooter and target extending a minimum of 40 yards behind the target.
3)
A target backstop be constructed which is at least 12 feet wide and 8 feet high behind each target. The backstop is to be constructed and maintained using a material, which would capture and trap arrows shot into it. The material used must not cause arrows to be deflected in another direction.
4)
A secondary earthen backstop consisting of an earthen berm, material hill or excavated face shall be provided. The secondary backstop should be at least 30 feet wide and 16 feet high.
5)
Operation of an archery range shall be allowed between the hours of sunrise and sunset.
Unlawful operation of an Air Gun, Air Rifle, Bow and Arrow, Slingshot or BB Gun is a class B Violation.
LINDSBORG,
DIVISION 1. GENERALLY – Lindsborg, Kansas – Code of Ordinances
Sec. 8-55. – Unlawful to use, place, etc., traps that will injure animals.
It shall be unlawful for any person to use, place, set out, or deploy any animal trap above ground which makes use of a spring gun, spring jaws, clamping devices, cutting or stabbing mechanism or any other devices that will damage or severely injure any animal when caught or trapped by the device or trap, except that nothing contained in this section shall prohibit the use of animal traps that are so designed to trap and hold animals without injuring the animals.
(Code 1996, § 2-110)
MANHATTAN,
Article VI OFFENSES AGAINST PUBLIC SAFETY Manhattan, Kansas Code of Ordinances
Sec. 22-67. Discharging firearms.
It shall be unlawful for any person to shoot or discharge any gun, pistol or other firearm or any gun or weapon which is designed to expel a projectile by the action of compressed air, gas, spring or elastic which is capable of causing injury or damage to person or property; provided, that the provisions of this section shall not apply to the discharge of firearms at any licensed shooting gallery or by a gunsmith in his trade, or to duly constituted police or military officers in the performance of their official duties.
(Code 1973, § 14-306)
McPherson,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—
NEODESHA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—
OSAGE CITY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—
PITTSBURG,
ARTICLE II. UNIFORM PUBLIC OFFENSE CODE Pittsburg, Kansas Code of Ordinances
Sec. 54-43. Amendment to Section 10.6, air gun, air rifle, bow and arrow, slingshot or BB gun.
(a)The unlawful operation of an air gun, air rifle, bow and arrow, slingshot or BB gun, is the shooting, discharging or operating of any air gun, air rifle, bow and arrow, slingshot or BB gun, within the City, except within the confines of a building or other structure from which the projectiles cannot escape or within the confines of one’s own premises from which the projectiles cannot escape.
(b)Unlawful operation of an air gun, air rifle, bow and arrow, slingshot or BB gun is a Class B violation.
(Code 1975, § 15-103)
County of
SALINE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—
County of
SEDGWICK,
ARTICLE IV. PARKS, LAKES AND RECREATIONAL FACILITY RULES Sedgwick County, Kansas Code of Ordinances
Sec. 20-120. Motor vehicles and roadways; firearms; archery equipment.
(a)
Prohibited acts. The following acts are prohibited in any county park, lake or recreational area, subject to the exceptions set out in subsection (c):
(5)
Discharging, using, or possessing any firearm, air rifle, pellet gun, or archery equipment; however this subsection shall not apply to any law enforcement officer, as the term is defined in K.S.A. 74-5602, and amendments thereto.
(c)
Exceptions.
(2)
The board of county commissioners specifically reserves the right to allow discharging, using, or possessing any firearm, air rifle, pellet gun, or archery equipment in conjunction with an organized safety program at the public firing range at Lake Afton Park or pertaining to the use by the county sheriff’s office of the firing range at Lake Afton Park which is specifically reserved for its use exclusive of the public; and
(3)
The board of county commissioners specifically reserves the right to allow discharging, use or possession of any firearm or archery equipment in conjunction with an organized theatrical or entertainment event at any county park, lake or recreational area. Application for permission under this section shall be made to the park superintendent.
(4)
Discharging, using, or possessing any firearm, air rifle, pellet gun, or archery equipment is allowed in the Lake Afton Park public firing range during the hours it is open to the public.
ARTICLE I. IN GENERAL Sedgwick County, Kansas Code of Ordinances
Sec. 19-1. Violations and penalty.
(a)
This chapter is enforceable under chapter 8. Except as otherwise stated, violations of this chapter are classified as provided in section 8-6
(b)
Violations of this chapter are punishable as provided in section 1-8
Firearm means any loaded or unloaded pistol, revolver, rifle, shotgun or other weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosion, expanding gases, or other combustion. Air rifles, air pistols and BB guns are included in this definition.
VALLEY CENTER,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).State Law reference—
WELLINGTON,
ARTICLE II. UNIFORM OFFENSE CODE Wellington, Kansas Code of Ordinances
Section 10.6 of the 2012 Uniform Public Offense Code for Kansas Cities, 28th Edition, is amended to read as follows:
“10.6 Air Gun, Air Rifle, Slingshot, BB Gun, Paint Ball Gun or Bow and Arrow.
(a)
The unlawful operation of an air gun, air rifle, BB gun or paint ball gun is the shooting, discharging or operating of any air gun, air rifle, slingshot, BB gun, or paint ball gun within the city, except within the confines of a building or other structure from which projectiles cannot escape, and except for special events sponsored by established and recognized organizations held in those areas of the city’s public park system that are not frequently frequented by persons, if such event is (1) conducted in such a manner as to guard against and prevent injury to persons participating in the event as well as any other person or persons and damage to property; (2) approved in writing prior to the event by the Park Board and the Police Department of the city; (3) supervised by a person over the age of twenty-one (21) years; and (4) a certificate of insurance in a form satisfactory to the city, showing that the city is properly insured for all claims for injuries to persons and damage to property resulting from the special event, is filed with the city.
(b)
The operation of a bow and arrow is the shooting, discharging or operating any bow and arrow within the city, except when shot, discharges or operated as a part of a physical education program in the regular curriculum of a public school, if said program is supervised by a qualified archer who a member of the school faculty, is conducted on school-owned property in areas not commonly frequented by people in the presence of the supervisor and in a manner as to guard against and prevent injury to persons participating in the program and to others, or except in the confines of a building or other structure from which arrows cannot escape.
(c)
Violation of this section is a Class C misdemeanor punishable of a fine up to $500.00 and/or 30 days in jail.”
WICHITA,
CHAPTER 5.88. WEAPONS Wichita, Kansas Code of Ordinances
Sec. 5.88.020. Unlawful discharge of a firearm, air rifles, pellet guns and BB guns.
(1)
It is unlawful for any person to recklessly discharge or fire any gun, pistol, air rifle, pellet gun, BB gun or any other firearm within the corporate limits of the city.
(2)
This section shall not apply to the discharge of any firearm if:
(a)
The firearm is discharged at a private or public shooting range which has been approved by the Chief of Police;
(b)
The firearm is discharged in the lawful defense of one’s person, another person or one’s property;
(c)
The firearm is discharged by authorized law enforcement officers, animal control officers or a person who has a wildlife control permit issued by the Kansas Department of Wildlife, Parks and Tourism;
(d)
The firearm is discharged using blanks; or
(e)
The firearm is discharged in lawful self-defense or defense of another person against an animal attack.
(3)
Any person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $500.00 or by imprisonment for not more than one year, or by both such fine and imprisonment.
(4)
In addition to the penalty for the violation of this section, it shall be the duty of the Municipal Court Judge to order any weapon seized in connection with such violation to be forfeited to the city and the same shall be disposed of by the Chief of Police.
(Ord. No. 46-612 § 2; Ord. No. 49-256, § 50, 5-8-2012; Ord. No. 49-523, § 1, 6-25-2013)
Sec. 5.88.030. Air rifles, pellet guns and BB guns—Carrying within the city.
(a)
It is unlawful for any person to carry an air rifle, pellet gun or BB gun on the streets, alleys or public places within the corporate limits of the city unless the air rifle, pellet gun or BB gun is dismantled or in a scabbard.
(b)
Any person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $500.00 or by imprisonment for not more than one year, or by both such fine and imprisonment.
(c)
In addition to the penalty for the violation of this section, the Municipal Court Judge may, in his or her discretion, order such air rifle, pellet gun or BB gun forfeited to the city and disposed of pursuant to Section 5.88.010(11).
(Ord. No. 46-612 § 3; Ord. No. 49-256, § 51, 5-8-2012)
Sec. 5.88.040. Reserved.
Editor’s note—
Ord. No. 47-503, § 1, adopted June 26, 2007, repealed § 5.88.040 in its entirety. Formerly said section pertained to carrying concealed weapons in places prohibited by the Personal and Family Protection Act and derived from Ord. No. 47-321, § 1, 12-19-06.
Sec. 5.88.050. Reserved.
Editor’s note—
Ord. No. 47-504, § 1, adopted June 26, 2007, repealed § 5.88.050 in its entirety. Formerly said section pertained to carrying concealed weapon when posted otherwise or when under the influence of alcohol and/or drugs and derived from Ord. No. 47-322, § 1, 12-19-06.
CHAPTER 5.89. FIREARMS Wichita, Kansas Code of Ordinances
Sec. 5.89.010. Definitions.
For the purposes of this chapter, the following terms shall have the meaning ascribed to them in this section:
(a)
“Minor” means a person who is under the age of eighteen years.
(b)
“Firearm” means any loaded or unloaded pistol, revolver, rifle, shotgun or other weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosion, expanding gases or other combustion. Air rifles, air pistols and BB guns are included in this definition only if capable of expelling projectiles by the sudden release of compressed gas. This term shall not include a firearm which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. 5841, et seq., and any amendments thereto.
(Ord. No. 41-967 § 1)
Sec. 5.89.020. Possession of a firearm by a minor prohibited—Exceptions.
(a)
Unless otherwise specifically provided herein, it shall be unlawful for a minor to possess any firearm within the City of Wichita, except when the minor is in the presence of and under the direct supervision of a parent, stepparent, grandparent, step grandparent, or legal guardian.
(b)
Any minor who is not in the presence of and under the direct supervision of his or her parent, stepparent, grandparent, step grandparent, or legal guardian may only possess a firearm in the City of Wichita under the following circumstances:
1.
During a hunter education class held pursuant to K.S.A. 32-920 and conducted by a Kansas hunter education instructor who is certified by the Kansas Department of Wildlife and Parks, provided said possession is under the supervision of the instructor;
2.
During a firearms instructional or safety training class taught by an instructor certified by the National Rifle Association or other nationally recognized hunting, target or sports shooting organization, provided said possession is under the supervision of the instructor;
3.
While transporting an unloaded firearm to and from an excursion for lawful hunting of game birds or animals, provided:
(a)
The minor is in possession of a valid hunting license, if said license is required by state or federal law for the purposes of the hunting excursion;
(b)
The minor is in possession of a valid hunter education certificate issued to said minor;
(c)
The firearm, during transportation, is unloaded and is stored in a case, scabbard, or other container which completely encloses the firearm.
(Ord. No. 46-612 § 4)
Sec. 5.89.030. Forfeiture of firearms possessed by a minor.
Except as provided in Section 5.89.040, any firearm seized in connection with a violation of this chapter shall be disposed of pursuant to Section 5.88.010(8)(a) and (b) of the Code of the City of Wichita.
(Ord. No. 46-612 § 5)
Sec. 5.89.040. Stolen weapons.
Any stolen firearm confiscated in connection with any violation of this chapter shall be returned to the person entitled to possession, if known, when the same is no longer needed for evidence.
(Ord. No. 41-967 § 4)
Sec. 5.89.050. Penalty.
Any minor violating the provisions of this chapter shall be dealt with in accordance with the Kansas Juvenile Offenders Code, K.S.A. 38-1601, et seq., and any amendments thereto.
(Ord. No. 41-967 § 5)
CHAPTER 3.14. PARADES Wichita, Kansas Code of Ordinances
Sec. 3.14.100. Public conduct during parades and motor vehicle events.
(d)
It shall be unlawful for any person as a parade or motor vehicle event participant to discharge or fire any gun, pistol, air rifle, pellet gun, BB gun or any firearm, as a part of, during, or along any parade route while a parade is in progress, provided, however, that firearms loaded with blank ammunition which when discharged does not produce any noise greater than that produced by .22 caliber blank ammunition may be used as a part of the parade. This prohibition shall not apply to law enforcement officers engaged in the performance of their duties.
CHAPTER 9.03. PARK RULES AND REGULATIONS Wichita, Kansas Code of Ordinances Ord. No. 48-767, § 11, 7-20-2010)
Sec. 9.03.470. Firearms and weapons.
It is unlawful for any person to possess or discharge a firearm, air gun, or slingshot on park property.
(Ord. No. 48-709, § 47, 4-13-2010)
WINFIELD,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference—
UNIFIED GOVERNMENT CODE
of
WYANDOTTE COUNTY/KANSAS CITY, KANSAS,
DIVISION 1. GENERALLY Wyandotte County – Unified Government, Kansas Code of Ordinances
Sec. 25-50. Animals, hunting and firearms.
(a)
No person shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, throw missiles at or give toxic substances to any animal, reptile or bird. No person shall remove or have in his possession the young of any wild animal or the eggs, nests or the young of any reptile or bird.
(b)
No person shall use, carry or possess firearms of any description, air rifles, spring guns, bows and arrows, slings, any other forms potentially inimical to wildlife and dangerous to human safety, any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device.
(Code 1964, §§ 25-43(3), 25-46(4); Code 1988, § 25-70; Ord. No. 61265, §§ 3, 6, 4-15-1980)
Kentucky-
Kentucky: Allows the use of air guns for the taking of small game animals, including rabbit, squirrel, and non- game species such as sparrows, pigeons, starlings, ground squirrels, coyote may also be taken with air-guns. In 2004, the regulations were reinterpreted to allow the use of large bore air-guns for taking whitetail, but it was further stipulated that the guns must be converted into muzzle loaders and used during the primitive weapons season.
No State listed air-gun laws by statute. *(City-wide ordinances may apply throughout each town & County).
HENDERSON,
ARTICLE I. IN GENERAL – Henderson, Kentucky – Code of Ordinances
Sec. 16-4. – Use of air rifles, air handguns and pellet guns.
(a)
The following words and phrases, when used in this section, shall have the meanings respectively ascribed to them:
(1)
Air rifles, air handguns and pellet guns shall mean any barreled weapons of any description from which a projectile can be discharged by the action of compressed air or compressed gas, rather than the action of an explosive. “Air rifles,” “air handguns” and “pellet guns” shall include all weapons as defined above herein and not subject to registration and regulation by state and federal laws, and shall be referred to collectively herein as “non-regulated firearm.”
(2)
Projectile shall mean any object or device which will or is designed to be expelled from any “non-regulated firearm.”
(b)
Restrictions regarding the use of non-regulated firearms shall be as follows:
(1)
It shall be unlawful for any person under the age of eighteen (18) years to have in his possession any non-regulated firearm, unless he is in the presence of his parent or guardian, or unless he is on property owned by his parent or guardian.
(2)
It shall be unlawful for any person to discharge a non-regulated firearm in such a manner as to endanger, damage or injure another person or the property of another person.
(3)
It shall be unlawful for any person to discharge a non-regulated firearm in such a manner as to cause or allow the projectile to be expelled beyond the boundary lines of the property from which said unregulated firearm was discharged.
(4)
It shall be unlawful for any person to have in his possession on a public street after the hours of darkness a non-regulated firearm.
(Ord. No. 14-78, §§ I, II, 5-23-78)
LEXINGTON-FAYETTE,
Chapter 14 OFFENSES AND MISCELLANEOUS PROVISIONS Lexington-Fayette County, Kentucky Code of Ordinances
Sec. 14-46. Same—Air rifles, air pistols, BB guns, or similar guns, slingshots or steel-tipped arrows, discharging within the urban county; penalty.
(a)
It shall be unlawful for any person to sell or give away any air rifle, air pistol, BB gun, or similar gun, slingshot or steel-tipped arrow to any person under the age of eighteen (18).
(b)
It shall be unlawful for any person under the age of eighteen (18) to discharge any air rifle, air pistol, BB gun, or similar gun, slingshot or steel-tipped arrow without adult supervision.
(c)
No person, except peace officers, military personnel and similar officers in the execution of their official duties, shall shoot or discharge air rifles, air pistols, BB guns, or similar guns, slingshots or steel-tipped arrows within the urban county in the following places or circumstances:
(1)
Within the urban service area boundary, rural activities centers (as identified in the comprehensive plan) and rural settlements, including but not limited to Athens, Avon, Bracktown, Clays Ferry, Coletown, Fort Springs, Jimtown, Little Georgetown, Little Texas, Loradale, Maddoxtown, Princetown, Nihizertown, Centerville, Uttingertown, Columbus and Willa Lane, except as provided in subsections (d), (e), and (f).
(2)
Within three hundred (300) feet of any building which, in addition to its ordinary meanings, includes any vehicle or aircraft; except that this prohibition shall not apply to the safe discharge of air rifles, air pistols, BB guns, or similar guns, slingshots or steel-tipped arrows with the consent of the owner of any such building.
(3)
On any real property without the consent of the owner thereof.
(4)
Within any urban county park, unless said park is posted otherwise by the director of parks and recreation. Such posting may be made only in areas which have been inspected for safety purposes by the department of public safety.
(d)
Air rifles, air pistols, BB guns, or similar guns, slingshots or steel-tipped arrows may be shot or discharged:
(1)
In lawful defense of person or property.
(2)
In competition at the Bluegrass State Games.
(3)
In competition or for instructional purposes at schools or universities.
(e)
Steel-tipped arrows may be shot in indoor archery ranges.
(f)
Paint ball guns may be shot or discharged in properly zoned commercial establishments operated in accordance with recognized national standards.
(g)
Any person who violates this section shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense, and any parent of any minor who shall knowingly permit such minor to violate this section shall likewise be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense.
(Ord. No. 49-92, § 1, 4-2-92; Ord. No. 244-2005, §§ 1, 2, 8-25-05)
MAYFIELD,
No listed air-gun ordinances.
OWENSBORO,
ARTICLE I. ESTABLISHMENT, SUPERVISION AND REGULATIONS OF CITY PARKS Owensboro, Kentucky Code of Ordinances
Weapon means firearm, rifle, pistol, revolver, or any weapon designed or intended to propel a shot, bullet, or other missile of any kind, or any device capable of discharging projectile by air, spirit, gas or explosive, or any explosive substance or harmful solid, liquid and gaseous substance, or any spear, arrow, bow and arrow, slingshot, crossbow, spear or spear gun, or any dirk, Bowie knife, switchblade knife, ballistic knife, or any other knife, straight-edged razor, spring stick, metal knuckles, blackjack, paintball gun, or any bludgeon-type weapon, or any flailing instrument or any disk which is designated to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun, laser or similar device.
(Ord. No. 8-2003, § 1, 2-4-2003; Ord. No. 3-2010, § 1, 2-2-2010)
PADUCAH,
DIVISION 1. GENERALLY Paducah, Kentucky Code of Ordinances
Sec. 66-64. Shooting BB guns or firearms.
(a)
The shooting of a BB gun, pellet gun or any firearm, as defined by KRS 527.010, in the city is hereby prohibited and unlawful.
(b)
The Chief of Police is hereby authorized to issue permits for firing ranges within the city and shooting on approved firing ranges with permission of the owner or operator of the firing range and such firing ranges shall not be unlawful under subsection (a) above.
(Ord. of 6-3-47; Code 1968, § 19-13; Ord. No. 81-4-2077, 4-14-81; Code 1996, § 131.04)
WINCHESTER,
ARTICLE I. IN GENERAL – Winchester, Kentucky – Code of Ordinances
Sec. 11-4. – Hunting of game, discharge of firearms and the use and sale of fireworks prohibited.
(a)
It shall be unlawful for any person to engage in the act of hunting game in the corporate limits of the city.
(b)
(1)
It shall be unlawful for any person to discharge any firearm or air gun, BB gun or pellet gun projecting lead or any missiles except in a regularly established shooting gallery within the corporate limits of the city for any reason whatsoever, provided that this subsection shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty nor to prohibit any citizen from discharging a firearm when lawfully defending person or property.
(2)
It shall be unlawful for any person to engage in bow hunting or bow practice or to discharge or propel an arrow of any length with any type of head from any type recurved or compound bow or crossbow, or any other type of bow, within the corporate limits of the city, except a toy bow with a pull of one (1) pound or less, using arrows with rubber or soft heads, provided however, that this subparagraph shall not be construed to prohibit bow practice or to prohibit discharging or propelling an arrow within the corporate limits of the city if conducted at an archery range within the confines of an enclosed structure so long as the archery range is properly licensed and is located in a proper commercial zone or as part of an educational program conducted by a duly recognized public, private or parochial school or as part of a bona fide youth organization.
Louisiana-
Louisiana’s state code doesn’t explicitly place stipulations on BB guns, but leaves it to the discretion of specific localities. In Louisiana’s Jefferson parish, BB guns are legal to purchase and use, but residents must be careful where and how they use them.
BB Guns in Public Places
The code has very specific legislation regarding the use of BB guns in public places. It forbids the discharge of a BB gun or any other potential hazardous use within 500 feet of a public place. The code also outlaws BB gun use during formal ceremonies put on by organizations such as the V.F.W. or American Legion.
BB Guns at Parks and Playgrounds
Jefferson parish explicitly outlaws the use or possession of a BB gun in any park or playground within its limits.
No State laws regarding Air-guns or the use thereof are listed.
ABBEVILLE,
No local ordinances regarding Air-guns or the use thereof are listed.
ABITA SPRINGS,
CHAPTER 4. CRIMES AGAINST THE PUBLIC – Abita Springs, Louisiana – Code of Ordinances
Sec. 7-405. – Discharge of firearms.
(a)
It is unlawful for any person to shoot, fire or discharge any gun, pistol or firearm anywhere within the limits of the town.
(b)
It is unlawful for any person to use, fire, shoot, explode or discharge any air gun, pellet gun, B-B gun, or blow gun within the limits of the town.
(Ord. No. 2, § 1, 6-4-12; Ord. No. 91, 7-1-75; Ord. No. 210, § 2, 12-15-98)
TABLE OF ORDINANCES DISPOSITION TABLE – Abita Springs, Louisiana – Code of Ordinances
7-1-75 Prohibiting “air guns” or “pellet guns”
*No further information made available.
Parish of
ACADIA,
ARTICLE I. IN GENERAL – Acadia Parish Police Jury, Louisiana – Code of Ordinances
Sec. 13-8. – Illegal use of weapons.
(a)
Defined. Illegal use of weapons is the intentional or criminally negligent discharging of any firearm or air gun from or which or while located on any parish road or parish property.
(b)
Penalty. Whoever commits an illegal use of weapons shall be fined not more than three hundred dollars ($300.00) or imprisoned for not more than ninety (90) days, or both.
(Ord. No. 372, 6-8-82)
Sec. 13-8.1. – Discharge of firearms—Regulations.
(a)
Restrictions.
(1)
It shall be unlawful for any person to fire, shoot, discharge or cause to be fired, shot or discharged any type of firearm on a parish road or on parish property, unless specifically authorized by the Acadia Parish Police Jury.
(2)
It shall be unlawful for any person to fire, shoot, discharge or cause to be fired, shot or discharged any type of firearm, including but not limited to shotguns of any description, gas operated gun or spring gun, or any similar mechanism by whatever name known, which is designed to expel a projectile through a gun barrel by action of any explosive, for any purpose, within three hundred (300) feet of a recognized subdivision in the parish.
(b)
Exceptions.
(1)
The provisions as recited above shall not be construed so as to prohibit any person from discharging a firearm in the defense of his person, family or property, or any law enforcement officer in the performance of his duties.
(2)
Further, this section shall not apply to the discharge of firearms within the confines of approved and licensed shooting ranges, law enforcement agency ranges, existing private and commercial shooting ranges, gun clubs, and official hunting areas. Further, the discharge of blanks or non-lethal shells or cartridges is not prohibited by this section.
(c)
Penalty. Any person who violates the provisions of this section shall be fined not more than one hundred dollars ($100.00) or imprisoned for not more than sixty (60) days, or both. Additionally, the court may order the forfeiture of the weapon in accordance with the law.
(Ord. No. 884, §§ I—III, 1-4-05)
Editor’s note—
Ord. No. 884, §§ I—III, adopted Jan. 4, 2005 did not specify manner of codification; hence, inclusion of these provisions as § 13-8.1 was at the editor’s discretion.
ADDIS,
DIVISION 6. OFFENSES AFFECTING THE PUBLIC MORALS – Addis, Louisiana – Code of Ordinances
Sec. 14-152. – Air guns.
It shall be unlawful for any person to use, fire, squirt, or explode an “air gun” or “air rifle” or “blow gun.”
(Ord. No. 96-3, § 103, 11-6-96
Albany,
ARTICLE X. OFFENSES AFFECTING ORGANIZED GOVERNMENT Albany, Louisiana Code of Ordinances
(c) Sec. 24-331. Gunshot wounds; mandatory reporting.
(a)
In every case of a gunshot wound or injury presented for treatment to a medical professional, practitioner or associated personnel, that professional, practitioner or associated personnel shall make an oral notification to the chief of police immediately after complying with all applicable state and federal laws, rules and regulations related to the treatment of emergencies and before the wounded person is released. A written notation of this action shall be made on the emergency record.
(b)
Any person who fails to file a report or who knowingly files a false report under this section shall be fined not more than $500.00 or imprisoned for not more than 60 days, or both.
This section shall not apply to any wounds or injuries received from the firing of an air gun.
State law reference— Similar provisions, R.S. 14:403.5.
ALEXANDRIA,
ARTICLE VII. OFFENSES AFFECTING THE PUBLIC GENERALLY Alexandria, Louisiana Code of Ordinances
Sec. 15-103. Air guns.
It shall be unlawful for any person to use, fire, shoot, or explode an “air-gun” or “air rifle” or “blow gun.”
Parish of
ALLEN,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
AMITE CITY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
ASCENSION PARISH,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
BAKER,
DIVISION 1. GENERALLY – Baker, Louisiana – Code of Ordinances
Sec. 14-1006. – Discharging firearms.
(a)
Firearm defined. For purposes of this section, the term “firearm” is defined as an instrument used in the propulsion of the shot, shell or bullets by the action of gunpowder within it or by the action of compressed air, CO2 or a metal spring.
(b)
Prohibitions; exceptions.
(1)
It shall be unlawful for any person, other than members of the federal, state or municipal government, duly authorized and empowered to carry firearms, and when acting within the scope of their legal authority, participants in a city-sanctioned shoot or shooters’ education program, and persons acting pursuant to the general provisions contained in R.S. 14:18—14:22, inclusive, to discharge, fire or cause to be discharged or fired any firearm within the city limits.
(2)
The use of spring-loaded BB guns shall be allowed under this section provided property or persons are not endangered.
(3)
There is specially excepted from the provisions of this section the discharge, firing or the causing to be discharged or fired of any firearm within the confines of a regularly and properly licensed and supervised shooting or firing range located and situated within the city.
(c)
Penalty. Any person convicted of violating this section shall be punished by a fine of not more than $500.00 or imprisonment for not more than 60 days, or both.
(Ord. No. 2005-07, § 2, 1-25-05)
BALL,
ARTICLE XI. OFFENSES AFFECTING THE PUBLIC GENERALLY Ball, Louisiana Code of Ordinances
Sec. 34-356. Air guns.
It shall be unlawful for any person to use, fire, squirt or explode an “air gun,” “air rifle” or “blow gun.”
(Ord. No. 46, art. 59, 5-17-1983; Ord. No. 144-99, § 103, 10-19-1999)
BASTROP,
ARTICLE IX. WEAPONS – Bastrop, Louisiana – Code of Ordinances
Sec. 8-153. – Air guns.
(a)
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of the city, is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot or explode “air guns,” “air rifles” or “blow guns” within the city limits.
(b)
Notwithstanding any other provision recited in the Code of Ordinances that is to the contrary, the terms “air guns,” “air rifles” and “blow guns,” when used in this section, do not include devices or instrumentalities that exclusively use paint balls or like projectiles that are incapable of inflicting death or bodily injury when discharged, and are used for recreational purposes within a fenced and/or a walled barrier of sufficient height and density to prevent projectiles or the contents thereof from traveling over or through the barrier into areas owned or occupied by adjacent landowners or occupants.
(Code 1966, § 10-189; Ord. No. 3133, § 1, 12-14-82; Ord. No. 04-4028, 5-13-04)
BATON ROUGE
Parish of
EAST BATON ROUGE,
Title 13 CRIMINAL LAW Baton Rouge, East Baton Rouge Parish, Louisiana Code of Ordinances
Sec. 13:93. Discharge of firearms.
(a)
Shooting of firearms within the city. It shall be unlawful to shoot or discharge a gun, pistol, revolver, rifle or other firearm within the city except in a regularly established rifle or pistol range built and operated under the proper safety precautions. The prohibition of this section shall not apply to members of the federal, state or municipal government authorized to carry such firearms, when acting within the scope of their authority.
(b)
Discharge of firearms in the parish; definitions; exceptions.
(1)
The discharge of any type pistol or rifle for any purpose by any person within one-half mile of any street, road or house in the parish is hereby prohibited.
(2)
The discharge of other types of firearms, including shotguns of any description which may be used for the explosion of cartridges or air gun, BB gun, gas-operated gun or spring gun, for any purpose by any person within five hundred (500) feet of any street, road or house in the parish is hereby prohibited.
(3)
The provisions of this subsection shall not be construed so as to prohibit any person from discharging a firearm in the defense of his person, family or property.
(Ord. No. 7421, § 1, 1-25-84)
BERWICK,
ARTICLE II. SPECIFIC CRIMES Berwick, Louisiana Code of Ordinances
Sec. 14-37. Air guns.
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of this town is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot, or explode “air guns” or “air rifles” or “blow guns” within the municipal limits.
Semi-automatic paintball guns or markers (i.e. bolt type, rate of fire (rof), effective range, gas type/efficiency, or similar paintball markers) used to discharge paintballs are exempted from this section provided that the paintball gun or marker is fired or discharged only within the boundaries of a paintball course, field or facility as duly approved by the mayor and council, and operated pursuant to rules and regulation of the American Paintball League. This discharge of any paintball gun or marker outside of the boundaries of an approved paintball course, field or facility are prohibited.
Whoever fires an “air gun” or “air rifle” or “blow gun” within the municipal limits shall be punished as provided in section 1-8 of this Code.
(Ord. No. 463, 12-14-99)
BOGALUSA,
ARTICLE III. RULES AND REGULATIONS – Bogalusa, Louisiana – Code of Ordinances
Sec. 13-67. – Hunting and firearms.
No person shall trap or pursue wild life at any time. No person shall use, carry, or possess firearms of any descriptions, or air-rifles, spring-guns, bow and arrows, slings or any other form of weapons potentially inimical to wild life and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
(Code 1955, § 18-16(3)
BOSSIER CITY,
ARTICLE VII. OFFENSES AGAINST THE PUBLIC AND PUBLIC OFFICERS Bossier City, Louisiana Code of Ordinances
Sec. 38-274. Discharge of air guns, paintball guns, slingshots etc.
(a)
It shall be unlawful for any person to use, shoot or discharge any air gun, slingshot, paintball gun, blow gun, or shooting instrument of any kind within the city limits.
(b)
Whoever commits an unlawful discharge of an air gun, slingshot, paintball gun, blow gun or shooting instrument of any kind shall be fined not more than $500.00 or imprisoned for not more than 60 days or both.
(Ord. No. 75-2005, 6-21-2005)
BREAUX BRIDGE,
ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY, SENSIBILITY, AND PEACE – Breaux Bridge, Louisiana – Code of Ordinances
Sec. 9-94.1. – Illegal use of weapons or dangerous instrumentalities.
(a)
Illegal use of weapons or dangerous instrumentalities is the intentional or criminally negligent discharging of any firearm, gun, pistol, revolver, rifle or air gun, or the throwing, placing, or other use of any article, liquid, or substance, where it is foreseeable that it may result in death or great bodily harm to a human being. Nothing contained herein shall prohibit the discharge of a firearm at regularly established rifle or pistol ranges built and operated under the proper safety precautions.
(b)
Whoever commits the crime of illegal use of weapons or dangerous instrumentalities shall be fined not more than $500.00 or imprisoned for not more than six months, or both. Additionally, the court may order that the weapon be forfeited in accordance with law.
(Ord. No. 2023A, § A, 3-5-1991)
BUNKIE,
PART VIII. OFFENSES AGAINST THE PUBLIC AND PUBLIC OFFICERS – Bunkie, Louisiana – Code of Ordinances
Section 15:59. – Air guns.
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of this municipality is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot or explode “air guns” or “air rifles” or “blow guns” within the municipal limits.
(Ord. of 1-9-79, Art. 59)
Parish of
CADDO,
ARTICLE III. OFFENSES AFFECTING PUBLIC SAFETY, HEALTH, AND ORDER Caddo Parish, Louisiana Code of Ordinances
Sec. 32-48. Discharge of firearms.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(2)
Within one mile of a dedicated residential subdivision that lies within five miles of the city limits of Shreveport:
a.
All exceptions listed in subsection (e)(1) of this section;
b.
BB guns, shotguns, pellet guns.
(Code 1976, § 12-11; Code 1985, § 15-5; Ord. No. 4745, 4-17-2008)
State law reference— Illegal use of weapons or dangerous instrumentalities, R.S. 14:94.
Parish of
CALCASIEU,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
Parish of
CAMERON,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
CARENCRO,
ARTICLE I. IN GENERAL – Carencro, Louisiana – Code of Ordinances
Sec. 50-7. – Discharge of firearms.
(a)
It shall be unlawful for any person to fire, shoot, discharge, or cause to be fired, shot, or discharged within the territorial limits of the City of Carencro any pistols, rifles, shotguns, “BB guns” or air rifles, or any other firearms of any kind or character whatsoever.
(b)
In addition to all other penalties, the court may order the firearm which has been discharged in violation of the terms of this section confiscated and destroyed.
(c)
Subsection (a) of this section shall not apply:
(1)
To sheriffs and their deputies, state and city police, constables and town marshals, or other persons vested with police power when in the actual discharge of their official duties.
(2)
Where the shooting is justified as that term is defined under the provisions of R.S. 14:19 et seq., or other applicable provisions of law.
(3)
To the activities of an elementary or secondary school duly accredited by the state in connection with its offering of a formal firearms education and safety program or courses of study as part of its curriculum.
(4)
To shooting of such weapons at an approved firing range. The term “approved firing range”, as used herein, means one whose use has been specifically approved in writing by the sheriff upon proper application. Use of such ranges shall be subject to any conditions imposed by the sheriff after his having given due consideration to the physical location, construction and makeup of such range. The right to revoke or further limit such approval once given is always reserved to the sheriff.
(Ord. No. 2011-007, § 1, 5-16-2011)
Parish of
CONCORDIA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
COVINGTON,
ARTICLE V. OFFENSES AFFECTING PUBLIC SAFETY Covington, Louisiana Code of Ordinances
Sec. 66-143. Air guns.
The use, firing, shooting and explosion of air guns or air rifles and blowguns within the corporate limits of this city is hereby declared to be a nuisance; it shall be unlawful for any person to use, fire, shoot, or explode air guns or air rifles or blowguns within the municipal limits.
(Code 1977, § 14-111)
DENHAM SPRINGS,
DIVISION 2. WEAPONS AND FIREARMS Denham Springs, Louisiana Code of Ordinances
Sec. 66-152. Illegal use of air guns.
(a)
The use, firing, shooting and explosion of air guns or air rifles and blow guns within the corporate limits of this city is declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot, or explode air guns or air rifles or blow guns within the municipal limits.
(b)
Whoever commits the crime of illegal use of air guns shall be fined not more than $500.00 or imprisoned for not more than 60 days, or both, at the discretion of the judge.
(Code 1987, § 15:48; Ord. No. 09-08, art. I, 2-23-09)
DeQUINCY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
DeRIDDER,
ARTICLE II. SPECIFIC CRIMES – DeRidder, Louisiana – Code of Ordinances
Sec. 5-24. – Same—Discharging air guns.
The use, firing, shooting and explosion of “air guns” or “air rifles” or “blow guns” within the city is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot, or explode “air guns” or “air rifles” or “blow guns” within the city.
Whoever fires an “air gun”, “air rifle” or “blow gun” within the city shall be punished as provided in section 1-8.
(Code 1966, § 7-60)
DESOTO PARISH
POLICE JURY
CODE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
DONALDSONVILLE,
ARTICLE I. IN GENERAL Donaldsonville, Louisiana Code of Ordinances
. 11-14. Shooting of air guns.
It shall be unlawful for any person to shoot or discharge an air gun, pistol or rifle or other weapon powered by compressed air within the city.
(Code 1956, Title 11, Ch. 5, § 33)
ARTICLE I. IN GENERAL Donaldsonville, Louisiana Code of Ordinances
Cross reference— Shooting of firearms, § 11-13; shooting of air guns, § 11-14; concealed weapons, § 11-15.
FARMERVILLE,
ARTICLE III. SPECIFIC OFFENSES – Farmerville, Louisiana – Code of Ordinances
Sec. 6-77. – Air gun.
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of this municipality is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot, or explode “air guns” or “air rifles” or “blow guns” within the municipal limits.
(Ord. of 6-11-84, § 7(Art. 59)
FRANKLIN,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
GONZALES,
ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY – Gonzales, Louisiana – Code of Ordinances
Sec. 8-181. Air guns.
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of this city is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot, or explode “air guns” or “air rifles” or “blow guns” within the municipal limits.
(Code 1965, § 11-43)
GRAMERCY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
GRETNA,
Chapter 16 CRIMINAL OFFENSES Gretna, Louisiana Code of Ordinances
Sec. 16-108. Air guns.
(a)
The use, firing, shooting and explosion of air guns or air rifles and blowguns within the city is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot or explode air guns or air rifles or blowguns within the city limits.
(b)
Whoever commits the crime of use of air guns shall be punished as provided in section 16-8 of this Code.
(Ord. No. 4007, 1-12-09)
GROSS TETE,
ARTICLE IX. OFFENSES AFFECTING THE PUBLIC GENERALLY – Grosse Tete, Louisiana – Code of Ordinances
Sec. 28-266. – Air guns.
(a)
It shall be unlawful to shoot or discharge any air rifle, BB gun, shotgun, pistol, rifle, or firearm of any kind in the village.
(b)
This section does not apply to police officers in the exercise of their duties or to anyone who has been authorized by the mayor in unusual circumstances or particular occasions to discharge firearms or other weapons.
(c)
Whoever violates this section, upon conviction, shall be fined not more than $100.00, imprisoned for not more than 30 days, or both.
(Code 2004, § 14.95.2)
HAMMOND,
Chapter 21 OFFENSES AND MISCELLANEOUS PROVISIONS – Hammond, Louisiana – Code of Ordinances
Sec. 21-114. – Air guns.
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of this municipality is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot or explode “air guns” or “air rifles” or “blow guns” within the municipal limits.
Whoever fires an “air gun” or “air rifle” or “blow gun” within the municipal limits shall be punished as provided in section 1-8 of this Code.
(Ord. No. 2227, C.S., 10-1-91)
HARAHAN,
ARTICLE X. OFFENSES AFFECTING ORGANIZED GOVERNMENT – Harahan, Louisiana – Code of Ordinances
Sec. 62-385. – Gunshot wounds; mandatory reporting
(c)
This section shall not apply to any wounds or injuries received from the firing of an air gun.
State law reference—Similar provisions, R.S. 14:403.5.
Parish of
IBERVILLE,
ARTICLE V. FIRING RANGES – Iberville Parish Council, Louisiana – Code of Ordinances
Sec. 14-51. Permit required.
No person, firm, association, partnership or corporation shall operate a firing range without the appropriate permit issued by the police jury.
(Ord. of 2-21-84, § 1)
Sec. 14-52. Exemptions.
This article shall not apply to firing ranges currently being operated by a department or division of the government of the United States, the State of Louisiana, or any political subdivision of the State of Louisiana; nor shall it apply to temporary operations of a nonpublic nature; nor shall it apply to the firing of BB guns.
(Ord. of 2-21-84, § 9)
Parish of
JEFFERSON DAVIS,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
Parish of
JEFFERSON,
DIVISION 3. WEAPONS Jefferson Parish, Louisiana Code of Ordinances
Sec. 20-150. Discharge of slingshots, arrows, air rifles, firearms and other weapons.
(a)
Discharge of slingshots, arrows, air rifles, etc., within five hundred (500) feet of public places. It shall be unlawful for any person to fire or discharge any slingshot, blank pistol, blank cartridge, shotgun, fowling piece, air rifle, air pistol, or any arrow or other projectile capable of inflicting death or grievous bodily injury within five hundred (500) feet of any public place, road highway, street, park, playground, walk or walkway, bike or horse trail, navigable stream or waterway, canal, residence, home or building or structure occupied or capable of habitation within the parish.
Sec. 20-151. Air rifles on parks and playgrounds.
It shall be unlawful for any person to have in his possession or under his control an air rifle or air pistol, sometimes referred to as BB guns, while on the premises of any park or playground located in the unincorporated area of Jefferson Parish.
(Ord. No. 18772, § 1, 5-26-93)
JENA,
ARTICLE I. IN GENERAL – Jena, Louisiana – Code of Ordinances
Sec. 26-2. – Unlawful discharge of air-powered weapons.
(a)
That it shall be illegal to discharge within the corporate limits of the town, any spring or compressed air-powered rifle or pistol, B-B gun, pellet gun, or any other type of air rifle or pistol.
(b)
That whoever violates the provisions of this section shall be fined for each violation thereof not more than $50.00.
(Ord. No. 55A, §§ 1, 2, 3-19-1957)
Subdivision III. Firearms – Jena, Louisiana – Code of Ordinances
Sec. 26-401. – Gunshot wounds; mandatory reporting.
(c)
This section shall not apply to any wounds or injuries received from the firing of an air gun
KAPLAN,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
KENNER,
ARTICLE IX. OFFENSES AFFECTING THE PUBLIC GENERALLY Kenner, Louisiana Code of Ordinances
Sec. 7-164. Air guns.
The use, firing, shooting, and explosion of “air guns” or “air rifles” or “blow guns” within the corporate limits of the municipality is hereby declared to be a nuisance and it shall be unlawful for any person to use, fire, shoot, or explode “air guns” or “air rifles” or “blow guns” within the municipality limits.
(Ord. No. 7297, § 2, 9-21-95)
KENTWOOD,
ARTICLE II. OFFENSES – Kentwood, Louisiana – Code of Ordinances
Sec. 38-23. – Sale or use of fireworks, air guns and slingshots.
(a)
It is unlawful for any person to sell fireworks, including firecrackers, rockets, bombs and torpedoes, within the corporate limits of the town.
(b)
It is unlawful for any person to discharge or shoot any such fireworks, air guns, caps or cartridges, slingshots, or any other explosives, within the limits prescribed and bounded as follows: north by Avenue A, east by a line 500 feet east of and parallel to the Illinois Central Railroad right-of-way, south by College Road and its prolongation, and west by 13th Street.
(Code 1976, § 11-4008; Code 1996, § 17-6)
State law reference— Sale of fireworks containing white or yellow phosphorus prohibited, penalty, R.S. 14:318; fireworks generally, R.S. 51:650 et seq.; fireworks in municipalities, R.S. 51:659, 51:660.
KINDER,
ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY – Kinder, Louisiana – Code of Ordinances
Sec. 7-184. – Air guns.
The use, firing, shooting and explosion of air guns, air rifles or blowguns within the town is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot or explode air guns, air rifles or blowguns within the town limits.
City-Parish Consolidated Government of
LAFAYETTE, LOUISIANA
ARTICLE II. CRIMES AND OFFENSES IN UNINCORPORATED AREAS – Lafayette City-Parish Consolidated Government, Louisiana – Code of Ordinances
Sec. 62-105. – Discharge of firearms.
(a)
It shall be unlawful for any person to fire, shoot, discharge, or cause to be fired, shot, or discharged within the territorial limits of subdivisions or mobile home parks or within 1,500 feet thereof any pistols, rifles, shotguns, “BB guns”, or air rifles, or any other firearms of any kind or character whatsoever.
(b)
In addition to all other penalties, the court may order the firearm which has been discharged in violation of the terms of this section confiscated and destroyed.
LAFOURCHE PARISH,
ARTICLE I. IN GENERAL – Lafourche Parish Council, Louisiana – Code of Ordinances
Sec. 26-2. – Discharge of firearms; prohibitions.
(a)
Discharging firearms on parish roads or parish property prohibited. It shall be unlawful for any person to discharge a firearm on a parish road or on parish property, except on an authorized parish firing range or by a police officer in the performance of his duties or unless authorized by the parish council.
(b)
Discharge of firearms prohibited in certain areas.
(1)
It shall be illegal, only in Councilmatic District No. 7, to shoot waterfowl closer than 500 feet from a resident’s home.
(2)
It shall be unlawful, only in Councilmatic District No. 8, for any person to discharge any rifle, pistol, shotgun, or pellet gun within 300 feet of any residence, except in the lawful defense of life or property; and except skeet shooting, where power is limited to recommended skeet loads only, adult-supervised target practice, and turkey shoot contests, which do not pose a threat to the public.
(c)
Any person who violates the provisions of this section shall, upon conviction thereof, be punished by imprisonment in the parish jail for a period of not more than 30 days, or by a fine of not more than $500.00, or by both such imprisonment and fine, at the discretion of the court.
(Code 1996, § 15:2; Ord. No. 1335, 11-12-1980; Ord. No. 2598, 3-10-1998; Ord. No. 2618, 6-9-1998)
LAKE CHARLES,
DIVISION 1. GENERALLY – Lake Charles, Louisiana – Code of Ordinances
Sec. 15-67. – Weapons, traps; shooting from outside park.
No person in any park shall use, carry or possess firearms of any description or air rifles, spring guns, bows and arrows, slings or any other form of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
(Code 1956, § 17-63)
Cross reference— As to carrying and discharge of weapons generally, see §§ 13-28, 13-29.
ARTICLE I. IN GENERAL – Lake Charles, Louisiana – Code of Ordinances
Sec. 13-29. – Same—Discharge.
(a)
It shall be unlawful for any person to intentionally discharge any firearm or air gun within the corporate limits, unless such discharge of firearms is reasonably required for the protection of life and property, except as hereinafter provided.
(b)
The provisions of this section shall not apply to persons discharging firearms from approved indoor firing ranges.
LEESVILLE,
DIVISION 5. OFFENSES AFFECTING THE PUBLIC GENERALLY Leesville, Louisiana Code of Ordinances
Sec. 54-101. Air guns.
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of this municipality is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot, or explode “air guns” or “air rifles” or “blow guns” within the municipal limits.
(Article 48, Model Municipal Criminal Code, adopted by Commission Series Ord. No. 92 of 3-8-71)
Parish of
LIVINGSTON,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
LUTCHER,
ARTICLE III. OFFENSES AGAINST THE PUBLIC Lutcher, Louisiana Code of Ordinances
Sec. 58-64. Use, firing of air guns.
The use, firing, shooting and explosion of air guns or air rifles and blow guns within the corporate limits of this town is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot or explode air guns or air rifles or blow guns within the municipal limits.
(Code 1982, § 11-4016)
MAMOU,
CHAPTER 9.48. WEAPONS – Mamou, Louisiana – Code of Ordinances
9.48.020. – Air-guns, air rifles or blow guns—Use unlawful.
The use, firing, shooting and explosion of air guns, air rifles and blow guns, within the corporate limits of the municipality or on property owned, leased or managed by the municipality located outside the municipal limits, is declared to be a nuisance, and it is unlawful for any person to use, fire, shoot or explode air guns, air rifles or blow guns within the municipal limits or on property owned, leased or managed by the municipality located outside the municipal limits.
Whoever fires an air gun, air rifle or blow gun within the municipal limits or on property owned, leased or managed by the municipality located outside the municipal limits shall be fined not more than $200.00 or shall be confined for not more than 30 days, or both.
(Ord. 7-1981 § 1 (part): prior code § 9.88.010)
MANDEVILLE,
ARTICLE II. SPECIFIC CRIMES – Mandeville, Louisiana – Code of Ordinances
Sec. 11-61. – Air guns.
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of this municipality is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot or explode “air guns” or “air rifles” or “blow guns” within the municipal limits.
Whoever fires an “air gun”, “air rifle” or “blow gun” within the municipal limits shall be punished as provided in section 1-9 of this Code.
(Ord. of 5-11-54, § 1, Art. XV)
MINDEN,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
MONROE,
ARTICLE X. WEAPONS – Monroe, Louisiana – Code of Ordinances
Sec. 12-204. – Air guns.
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of the city, is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot or explode “air guns” or “air rifles” or “blow guns” within the city limits.
(Code 1958, § 10-2)
MONROE,
ARTICLE X. WEAPONS – Monroe, Louisiana – Code of Ordinances
Sec. 12-204. – Air guns.
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of the city, is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot or explode “air guns” or “air rifles” or “blow guns” within the city limits.
(Code 1958, § 10-2)
MORGAN CITY,
ARTICLE V. OFFENSES AFFECTING THE PUBLIC GENERALLY – Morgan City, Louisiana – Code of Ordinances
Sec. 74-190. – Firearms, air rifles, slingshots, crossbows and similar weapons.
(a)
It shall be unlawful for any person to discharge or cause to be discharged any firearm, rifle, air rifle, air gun, slingshot or crossbow within the corporate limits. This section shall not apply to any police officer in carrying out his official duties.
(b)
Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than 180 days, or both.
(Code 1961, § 10-68)
NATCHITOCHES,
Chapter 10 CRIMINAL CODE Natchitoches, Louisiana Code of Ordinances
Sec. 10-41. Air guns.
(a)
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of this municipality is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot, or explode “air guns” or “air rifles” or “blow guns” within the municipal limits.
(b)
Whoever fires an “air gun” or “air rifle” or “blow gun” within the municipal limits shall be punished as provided in section 10-78 of this chapter.
(Ord. No. 889, § I, 11-22-65)
Parish of
NATCHITOCHES,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
NEW IBERIA,
ARTICLE IV. OFFENSES INVOLVING PUBLIC SAFETY New Iberia, Louisiana Code of Ordinances
Sec. 58-96. Firing of air guns.
The use, firing, shooting or explosion of air guns or air rifles and blow guns within the corporate limits of the city is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot or explode air guns or air rifles or blow guns within the city limits.
(Ord. No. 293, § 1(art. 59), 12-21-82)
NEW ORLEANS,
DIVISION 2. OFFENSES AGAINST PUBLIC SAFETY, WEAPONS New Orleans, Louisiana Code of Ordinances
Sec. 54-336. Discharging certain weapons prohibited; exceptions.
(a)
It shall be unlawful for any person to fire or discharge in the parish any of the following weapons:
(1)
Any shotgun, rifle, firearm or hunter’s bow and arrow;
(2)
Any air rifle or air pistol or any weapon which can or is designed to or may readily be converted to expel a projectile by the action of any air pressure.
NEW ROADS,
DIVISION 5. OFFENSES AFFECTING THE PUBLIC GENERALLY – New Roads, Louisiana – Code of Ordinances
Sec. 14-51. – Air guns.
The use, firing, shooting and explosion of air guns or air rifles and blow guns within the corporate limits of this municipality is hereby declared to be a nuisance; and it shall be unlawful for any person to use, fire, shoot, or explode air guns or air rifles or blowguns within the municipal limits.
(City Criminal Code, art. 51, 8-24-76)
Parish of
OUACHITA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
PATTERSON,
ARTICLE II. SPECIFIC CRIMES – Patterson, Louisiana – Code of Ordinances
Sec. 15-39. – Air guns.
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of this city is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot, or explode “air guns” or “air rifles” or “blow guns” within the municipal limits.
Whoever fires an “air gun” or “air rifle” or “blow gun” within the municipal limits shall be punished as provided in section 1-8 of this Code, and in addition the weapon shall be confiscated.
(Ord. No. 262, §§ 1, 2, 2-15-61)
PINEVILLE,
ARTICLE II. CITY OF PINEVILLE CRIMINAL CODE – Pineville, Louisiana – Code of Ordinances
Sec. 22-39. – Air guns: prohibition.
The use, firing, shooting and explosion of air guns or air rifles and blow guns within the corporate limits of this municipality is hereby declared to be a nuisance and it shall be unlawful for any person to use, fire, shoot or explode air guns or air rifles or blow guns within the municipal limits.
(Code 1971, § 14-58; Ord. No. 553, § 7, art. 48, 12-1-1964; Ord. No. 1313C-03, § I(11), 10-14-2003)
Parish of
PLAQUEMINES,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
POINTE COUPEE PARISH
POLICE JURY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
PORT ALLEN,
ARTICLE I. IN GENERAL – Port Allen, Louisiana – Code of Ordinances
Sec. 54-3. – Air-guns.
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of this city is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot, or explode “air guns” or “air rifles” or “blow guns” within the city limits.
(Ord. No. 9-1974, § 7(art. 48), 11-13-1974; Code 1982, § 17-16)
Parish of
RAPIDES,
ARTICLE I. IN GENERAL Rapides Parish Police Jury, Louisiana Code of Ordinances
Sec. 19-20. Discharge of firearms.
(a)
Discharge in subdivisions prohibited. It shall be unlawful for any person to discharge or fire any firearm, B.B. gun, air rifle or pellet gun or any similar contrivance within any residential subdivision of land now or hereinafter approved and accepted by the police jury pursuant to the subdivision ordinance of this parish.
(b)
Discharge within 200 feet of subdivisions restricted. No firearm, B.B. gun, air rifle or pellet gun shall be fired within two hundred (200) feet of any residential subdivision of land, except in defense of property or person, now or hereinafter approved and accepted by the police jury pursuant to the subdivision ordinance of the parish.
(c)
Discharge in direction of residence, business or public facility. No firearm shall be fired in the direction of any residence, business or other public facility or within two hundred (200) feet of any public road except in defense of property or person.
(d)
Exemption for law enforcement officers. Local, state and federal law enforcement officers are exempted from the provisions of this section while acting in the discharge of their official duties.
(e)
Exemption for gun dealers. Also exempted from the provisions of this section are properly licensed gun dealers registered to collect sales tax.
(f)
Penalty for violation. Any person who violates this section shall be fined upon conviction by a court of competent jurisdiction of not more than five hundred dollars ($500.00) or imprisoned not more than thirty (30) days, or both.
(Ord. of 6-8-93; Ord. of 6-22-93; Ord. of 5-11-98)
RAYNE,
Chapter 58 OFFENSES AND MISCELLANEOUS PROVISIONS Rayne, Louisiana Code of Ordinances
Sec. 58-10. Firearms and air guns; discharging in city.
It shall be unlawful for any person to intentionally discharge any firearm or air gun within the corporate limits of the city, unless such discharge of firearms is reasonably required for the protection of life and property.
(Code 1958, § 6-12)
State law reference— Illegal use of weapons, R.S. 14:94; illegal carrying of weapons, R.S. 14:95.
RUSTON,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
SHREVEPORT,
DIVISION 5. OFFENSES AFFECTING PUBLIC SAFETY Shreveport, Louisiana Code of Ordinances
Sec. 50-134. Discharge of firearms, air guns, etc.; exemptions.
(a)
It shall be unlawful for any person to use, shoot or discharge any firearm, air gun, slingshot, or shooting instrument of any kind within the city limits.
(b)
The activities of bona fide rifle ranges, shotgun clubs, or paintball establishments are exempted from the provisions of subsection (a). This exemption shall apply only to bona fide rifle ranges, shotgun clubs, or paintball establishments who are properly zoned and licensed and are otherwise lawfully operating.
(c)
Whoever commits an unlawful discharge of an air gun, slingshot, or other shooting instrument excluding a firearm, shall be fined not more than $500.00 or imprisoned for not more than 60 days or both.
(d)
Whoever is found to be guilty of unlawful discharge of a firearm shall be fined not less than $250.00 nor more than $500.00 and incarcerated for not less than 30 days nor more than 60 days. Imposition or execution of sentence shall not be suspended unless the offender is placed on probation with a minimum condition that he perform 30 eight-hour days of court-approved community service activities, at least half of which will consist of participation in a litter abatement or collection program. An offender who participates in a litter abatement or collection program pursuant to this section shall have no cause of action for damages against the entity conducting the program or supervising his participation therein, including the city, or the parish, marshal, court system or other entity nor against any official employee or agent of such entity for injury or loss suffered by him during or arising out of his participation in the program, if such injury or loss is a direct result of the lack of supervision or act or omission of the supervisor, unless the injury or loss was caused by intentional or grossly negligent act or omission of the entity or its official, employee or agent.
(e)
On a second conviction of unlawful discharge of a firearm, regardless of whether the second offense occurred before or after the first conviction, the offender shall be fined not less than $350.00 nor more than $500.00 and incarcerated for not less than 30 days nor more than six months. Imposition or execution of the sentence of incarceration shall not be suspended.
(f)
Whoever is found to be guilty of unlawful discharge of a firearm on, or within 24 hours, before or after, a state recognized holiday, shall be fined not less than $500.00 or incarcerated for not less than 30 days, nor more than 60 days. Imposition or execution of sentence shall not be suspended.
(g)
On a second or subsequent conviction of unlawful discharge of a firearm on or within 24 hours, before or after, a state recognized holiday regardless of whether the second or subsequent offense occurred before or after the first conviction, the offender shall be fined not less than $500.00 and incarcerated for six months. Imposition or execution of the sentence of incarceration shall not be suspended.
(Ord. No. 40, 1989, 4-11-89; Ord. No. 263, 1990, 12-27-90; Ord. No. 48, 1994, 4-12-94; Ord. No. 50, 2000, 4-11-00; Ord. No. 72, 2004, 6-8-04)
SLIDELL,
ARTICLE VII. OFFENSES AGAINST THE PUBLIC AND PUBLIC OFFICERS Slidell, Louisiana Code of Ordinances
Sec. 11-183. Air guns and potato guns.
The use, firing, shooting and explosion of air guns, air rifles, potato guns, blow guns or any other similar device whereby material is exploded from a gun or barrel through the force of an explosion caused by the igniting of inflammable material within the corporate limits of this municipality is hereby declared to be a nuisance, and is unlawful.
(Code 1966, § 9-59)
SPRINGHILL,
DIVISION 10. OFFENSES AFFECTING ORGANIZED GOVERNMENT – Springhill, Louisiana – Code of Ordinances
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
Parish of
ST. BERNARD,
ARTICLE I. IN GENERAL St. Bernard Parish Council, Louisiana Code of Ordinances
Sec. 14-2. Discharge of firearms; organized shooting ranges.
(a)
It shall be unlawful to discharge, fire or shoot any firearm of any description, air rifle, BB gun, or any instrument that propels missiles, within the limits of any town, village, or residence of the parish, or within one (1) mile of any town, village, or residence of the parish, except in organized indoor shooting ranges which have been acoustically designed to prevent exterior noise.
(b)
Any person discharging, firing, or shooting any firearm of any description, air rifle, BB gun or any instrument that propels missiles within the limits of any town, village, or residence of the parish, except in organized indoor shooting ranges which have been acoustically designed to prevent exterior noise, shall be deemed guilty of a misdemeanor and upon conviction of a court of competent jurisdiction shall be punished by a fine of not more than one hundred dollars ($100.00) or less than ten dollars ($10.00), or imprisonment in the parish jail of not more than thirty (30) days or less than ten (10) days, or both, within the description [discretion] of the court.
(c)
This section shall not apply to any legally existing outdoor organized shooting ranges in continuous operation prior to the adoption of Ordinance No. OPC-15-88.
(Ord. of 2-2-54, § 1; Ord. No. 23-85, §§ 1, 2, 5-7-85; Ord. No. OPC-15-88, 11-10-88)
Parish of
ST. CHARLES,
Chapter 14 MISCELLANEOUS PROVISIONS AND OFFENSES St. Charles Parish, Louisiana Code of Ordinances
Sec. 14-6. Discharge of weapons.
(a)
It shall be unlawful for any person to discharge any rifle, pistol or pellet gun within two thousand (2,000) feet of any residence or to discharge a shotgun within eight hundred (800) feet of any residence within the parish except in the lawful defense of life or property.
(b)
It shall be unlawful for any person intentionally, or in a criminally negligent manner, to discharge, throw, place or use any instrumentality, liquid or substance, where it is foreseeable that it may result in injury, death or great bodily harm to a human being.
(c)
Local, state and federal peace officers are excepted from the provisions of subsections (a) and (b) while acting in the discharge of their official duties.
(d)
Any person found guilty by a court of competent jurisdiction of violating the provisions of subsections (a) and (b) shall be fined not more than twenty-five dollars ($25.00), or imprisoned not more than thirty (30) days, or both.
(e)
It shall be unlawful for any person to be in bodily possession of or discharge any rifle, pistol or weapon discharging ball ammunition within the boundaries of the Bonnet Carre Spillway (including the Spillway levees) from the Mississippi) River to Lake Pontchartrain.
(f)
It shall be unlawful for any person to be in bodily possession of a loaded shotgun or discharge any shotgun within the boundaries of the Bonnet Carre Spillway within eight hundred (800) feet of the Spillway levee system, U.S. 61 (Airline Highway), SC 12, or the Spillway Road.
(g)
It shall be unlawful for any person to discharge any firearm in District Five, St. Rose, between LA 48 (River Road) and U.S. 61 (Airline Highway) and Crespo Lane and the Jefferson Parish/St. Charles Parish Line.
(h)
It shall be unlawful for any person to discharge any firearm within fifteen hundred (1,500) feet of the Ama Pump Station.
(i)
Any person found guilty of violating the provisions of subsection (d), (e), (f) and (h) of this section shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than five (5) days, or both.
(j)
Signs advising of the provisions in subsections (d) and (e) shall be placed at all entrances to the Spillway, and signs advising of the provisions in subsection (f) shall be placed in strategic locations in District Five.
(Code 1970, §§ 13-12—13-14; Ord. No. 91-6-7, § I, 6-3-91; Ord. No. 91-8-3, § I, 8-5-91; Ord. No. 91-10-15, § I, 10-21-91; Ord. No. 93-3-14, § I, 3-8-93; Ord. No. 94-4-2, §§ I—III, 4-4-94)
State law reference— General statutory maximum for penalty for ordinance violations, R.S. 33:1243.
ST. FRANCISVILLE,
ARTICLE III. SPECIFIC CRIMES St. Francisville, Louisiana Code of Ordinances
Sec. 8-75. Same—Discharging air guns.
The use, firing, shooting and explosion of “air guns” or “air rifles” or “blow guns” within the corporate limits of the municipality is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot, or explode an “air gun” or “air rifle” or “blow gun” within the municipality.
Parish of
ST. HELENA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
ST. JAMES PARISH,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
ST. JOHN THE BAPTIST PARISH,
ARTICLE II. OFFENSES INVOLVING PUBLIC SAFETY – St. John the Baptist Parish, Louisiana – Code of Ordinances
Sec. 28-24. – Discharge of firearms; exemption.
(a)
It shall be unlawful for any person to discharge any rifle, pistol, shotgun, which discharges pellets larger in size than the commonly referred to as No. 6 Shot, or pellet gun within 2,000 feet of any residence within the parish, except in the lawful defense of life or property. It shall be unlawful to discharge a shotgun within 300 feet of any residence within the parish except in the lawful defense of life or property.
(b)
Local, state and federal peace officers are exempted from the provisions of this section while acting in the discharge of their official duties.
(Code 1988, § 8:50; Ord. of 2-16-1967, § 2; Ord. of 9-10-1981)
State law reference— Local firearm ordinances, R.S. 14:1796(A).
Parish of
ST. LANDRY,
ARTICLE VII. RULES AND REGULATIONS FOR SHOOTING RANGES IN THE UNINCORPORATED AREAS OF THE PARISH – St. Landry Parish, Louisiana
Sec. 14-232. – Definitions.
The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise:
Shooting range or range means an area designed and operated primarily for: persons using or discharging rifles, shotguns, pistols, revolvers, or black powder weapons; archery; air rifles; silhouettes; skeet ranges; trap ranges; target shooting, or any other similar activities.
PARISH OF
ST. MARTIN,
ARTICLE IV. FIRING RANGE PERMIT St. Martin Parish, Louisiana Code of Ordinances
Sec. 20-93. Exemptions.
This article shall not apply to firing ranges currently being operated by a department or division of the government of the United States, the state, or any political subdivision of the state; nor shall it apply to temporary operations of a nonpublic nature, nor shall it apply to the firing of BB guns.
(Code 1979, § 10-43; Ord. of 3-18-1980, § 9; Ord. No. 02-07-0234-OR, § 9, 7-2-2002)
ST. MARY PARISH,
ARTICLE I. IN GENERAL – St. Mary Parish, Louisiana – Code of Ordinances
Sec. 13-1. – Prohibitions concerning firearms.
(a)
Definition. As mentioned in this section the word “firearm” is defined to mean any contrivance from which any missile or bullet is hurled by means of an explosive substance or air pressure, and such definition is intended to include but not be limited to shotguns, rifles, pistols, and pellet guns.
Chapter 14 PARKS AND RECREATION – St. Mary Parish, Louisiana – Code of Ordinances
Sec. 14-1. – Burns Point Recreation Area—Rules, regulations, and standards of conduct.
The following rules, regulations, and standards of conduct are hereby established and made applicable to the Burns Point Recreation Area, more specifically described in section 14-2, and henceforth no one shall therein:
(8)
Shoot or otherwise cause the discharge of any rifle, air rifle, gun, shotgun, pistol, or other firearm;
Sec. 14-4. – Same—Penalties for violating rules, regulations, and standards of conduct.
Whoever violates any of the rules, regulations, and standards of conduct prescribed in this chapter shall be guilty of a misdemeanor and, upon conviction, shall be sentenced to pay a fine not in excess of $100.00 or to serve not more than 30 days in the parish jail, or both.
(Code 1969, § 13½-4)
SULPHUR,
ARTICLE I. IN GENERAL Sulphur, Louisiana Code of Ordinances
Sec. 8-5. Air guns.
The use, firing, shooting and explosion of air guns, air rifles or blowguns within the city is hereby declared to be a nuisance; and it shall be unlawful for any person to use, fire, shoot or explode air guns, air rifles or blowguns within the city limits.
Parish of
TANGIPAHOA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
Parish of
TERREBONNE,
ARTICLE I. IN GENERAL Terrebonne Parish, Louisiana Code of Ordinances
Sec. 19-2. Weapons.
(a)
It shall be unlawful for any person to discharge, either in the daytime or nighttime (except on lawfully regulated and controlled gun, rifle and shotgun ranges and/or duly licensed and permitted business establishments which deal in the retail or wholesale sale of guns and firearms which have duly regulated and controlled gun, rifle and shotgun ranges for the conduct of its business), any firearms within a subdivision of the parish, except law enforcement officers in the discharge of their duties and other persons acting in necessary defense of life or property. Thus, shooting of air guns, BB, or pellet guns, pistols, rifles, shotguns and any other firearms within a subdivision of the parish is prohibited.
(b)
It shall be unlawful for any person to discharge rifles, pistols and similar firearms (excluding shotguns) within three hundred (300) feet of a home, building or other structure inhabited or occupied by humans.
(c)
For purposes of this section, the term “subdivision” means any tract of land which has been subdivided into lots, primarily for residential or commercial purpose, and approved by the Houma-Terrebonne Regional Planning Commission pursuant to the provisions of section 24-2(a) of the Terrebonne Parish Code.
(d)
Any person who violates the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine of up to five hundred dollars ($500.00) or imprisonment in the parish jail for thirty (30) days, or both, at the discretion of the judge.
(Parish Code 1979, § 14-2; Ord. No. 4440, § I, 12-13-89; Ord. No. 4759, § I, 1-8-92; Ord. No. 5586, § I, 4-24-96; Ord. No. 5710, § I, 12-4-96; Ord. No. 7001, § II, 6-8-05)
Cross reference— Wards, § 2-21 et seq.; firearms-free zones, § 19-9.
State law reference— Illegal use of weapons or dangerous instrumentalities, R.S. 14:94; parish zoning of heavily populated areas from hunting and shooting of firearms, R.S. 33:120.
ARTICLE IV. OFFENSES (CITY) Terrebonne Parish, Louisiana Code of Ordinances
Sec. 19-240. Discharging guns and firearms.
(a)
It shall be unlawful for any person to discharge, either in the daytime or nighttime (except on lawfully regulated and controlled gun, rifle and shotgun ranges and/or duly licensed and permitted business establishments which deal in the retail or wholesale sale of guns and firearms which have duly regulated and controlled gun, rifle and shotgun ranges for the conduct of its business), any firearms within the corporate limits of the city, except law enforcement officers in the discharge of their duties and other persons acting in necessary defense of life or property. Thus, shooting of air guns, BB, or pellet guns, pistols, rifles, shotguns and any other firearms within the city is prohibited.
(b)
Whoever commits the crime of discharging guns and firearms shall be guilty of a misdemeanor.
(Ord. No. 4355, § I(9-74), 6-28-89)
Cross reference— Firearms-free zones, § 19-9.
State law reference— Use of force or violence in defense, R.S. 14:19.
THIBODAUX,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
Parish of
VERNON,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
VILLE PLATTE,
DIVISION 1. GENERALLY – Ville Platte, Louisiana – Code of Ordinances
Sec. 17-108. – Discharge of firearms, air rifles, etc., in the city.
It shall be unlawful for any person, except a peace officer in the discharge of his duties, to fire a gun, pistol, air rifle or BB gun or other firearms or gun within the city.
(Ord. of 3-22-83)
Editor’s note—
An ordinance of March 22, 1983, has been treated as superseding the provisions of former §§ 17-108 and 17-109, concerning air guns and firearms respectively. Former §§ 17-108 and 17-109 derived from an ordinance of October 25, 1973, § 7, Arts. 48 and 49) Close
Sec. 17-108. – Discharge of firearms, air rifles, etc., in the city.
It shall be unlawful for any person, except a peace officer in the discharge of his duties, to fire a gun, pistol, air rifle or BB gun or other firearms or gun within the city.
VIVIAN,
ARTICLE III. OFFENSES AGAINST PROPERTY Vivian, Louisiana Code of Ordinances
Sec. 11-83. Air guns.
(a)
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of this town is hereby declared to be a nuisance; and it shall be unlawful for any person to use, fire, shoot, or explode “air guns” or “air rifles” or “blow guns” within the municipal limits.
(b)
Whoever fires an “air gun” or “air rifle” or “blow gun” within the town limits shall be punished as provided in section 1-13 of this Code.
(Code 1976, § 19-44)
WALKER,
ARTICLE XI. OFFENSES AFFECTING ORGANIZED GOVERNMENT Walker, Louisiana Code of Ordinances
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
Parish of
WEBSTER,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County).The ONLY State Law reference within the State of Louisiana—
RS 14:403.5
§403.5. Gunshot wounds; mandatory reporting
C. The provisions of this Section shall not apply to any wounds or injuries received from the firing of an air gun.
WEST BATON ROUGE PARISH,
ARTICLE I. IN GENERAL West Baton Rouge Parish, Louisiana Code of Ordinances
Sec. 58-2. Discharge of firearms, etc., within recognized subdivisions.
(b)
Prohibited. It shall be illegal to discharge firearms, including shotguns, rifles, air rifles, BB guns and any other arms which propel a projectile by any method whatsoever within the limits of any recognized subdivision or mobile home trailer park in the parish.
(c)
Penalty for violation of section. Any person who violates the terms of this section shall be fined a sum not to exceed $100.00, or imprisonment for a term not to exceed 15 days, or both.
(Code 1973, § 16-2; Ord. of 8-4-1971, §§ 1—3; Ord. No. 9-97, 5-8-1997)
WEST MONROE,
Chapter 4 CRIMES AGAINST THE PUBLIC West Monroe, Louisiana Code of Ordinances
Sec. 11-4001. Air guns.
A.
The use, firing, shooting and explosion of “air guns” and “blow guns” within the city limits is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot or explode “air guns” or “blow guns” within the city limits.
B.
The term “air gun” shall include but not be limited to all devices, whether or not in the shape or having the appearance of a pistol, rifle, shotgun, or other design (even if unrelated to the commonly understood appearance of similar instrumentalities) which in any way or manner propels a projectile, whether in the form of a BB, pellet, paint ball, or other projectile of any type or nature, through use of compressed air, compressed carbon dioxide, through a strike from a hammer, rod or other object, whether direct or other indirect, or through any other method other than by use of gun powder or similar propellant. The term “blow gun”, also sometime referred to as a blow pipe or blow tube, shall mean any instrumentality which directs any darts, pellets or other projectile, of any type or nature whatsoever, where the source of the propellant is a person’s breath.
C.
The use, firing, shooting and explosion of “air guns” utilizing paint balls as a projectile shall not be prohibited for use, firing or shooting on a commercially licensed premises providing for such activity.
(Code 1976, § 11-4001; Ord. No. 3558, § 1, 4-11-06)
ARTICLE B. KIROLI PARK West Monroe, Louisiana Code of Ordinances
Sec. 6-2031. Rules and regulations.
(a)
Firearms; hunting, trapping and possessing. No firearms, guns, pistols, air rifles, explosives or traps shall be possessed, carried or utilized in the Kiroli Park Recreational Area. It shall be unlawful to hunt, kill, track, take possession of or remove any animal, bird, reptile, insect or amphibian from the Kiroli Park Recreational Area.
ARTICLE B. KIROLI PARK West Monroe, Louisiana Code of Ordinances
WESTWEGO,
PART V. OFFENSES AFFECTING THE PUBLIC GENERALLY – Westwego, Louisiana – Code of Ordinances
Sec. 15:47. – Air guns.
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of this municipality is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot, or explode “air guns” or “air rifles” or “blow guns” within the municipal limits.
(City Criminal Code, Art. 47, 4-21-76)
WHITE CASTLE,
ARTICLE VI. OTHER OFFENSES – White Castle, Louisiana – Code of Ordinances
Sec. 18-108. – Air guns.
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blowguns” within the corporate limits of this town is hereby declared to be a nuisance; it shall be unlawful for any person to use, fire, shoot, or explode “air guns” or “air rifles” or “blowguns” within the municipal limits.
(Ord. of 6-21-66, § 7, art. 43)
WINNFIELD,
ARTICLE II. SPECIFIC CRIMES – Winnfield, Louisiana – Code of Ordinances
Sec. 14-42. – Air guns.
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of this municipality is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot, or explode “air guns” or “air rifles” or “blow guns” within the municipal limits.
(Ord. No. 2-1972, § 7(Art. 43), 11-14-72)
WINNSBORO,
DIVISION 1. GENERALLY – Winnsboro, Louisiana – Code of Ordinances
Sec. 16-108. – Air guns.
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of this town is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot, or explode “air guns” or “air rifles” or “blow guns” within the town limits.
(Ord. No. 473, § I, 5-21-62)
ZACHARY,
DIVISION 1. GENERALLY – Zachary, Louisiana – Code of Ordinances
Sec. 58-200.35. – Air guns.
(a)
The use, firing, shooting and explosion of “air guns” or “air rifles” and “blow guns” within the corporate limits of this city is hereby declared to be a nuisance, and it shall be unlawful for any person to use, fire, shoot, or explode “air guns” or “air rifles” and “blow guns” within the municipal limits.
(b)
Whoever fires any “air guns” or “air rifles” and “blow guns” within the municipal limits shall be punished as provided in section 1-12 of this Code.
(Code 1987, § 11-Z-9)
MAINE-
State Air-gun Law reference:
M.R.S.A. Title 12 laws includes pellet/ air guns. Laws that pertain to the use of firearms also apply to pellet/ air guns. Convicted felons are prohibited from possessing firearms unless specifically pardoned by the Governor of Maine or granted a permit by the Maine Department of Public Safety.
ME. REV. STAT. ANN. tit. 17-A, § 554 (West 2005)
Endangering the welfare of a child.
1. A person is guilty of endangering the welfare of a child if that person:
C. The defendant was the parent, foster parent, guardian or an adult approved by the parent, foster parent or guardian who furnished a child under 16 years of age an air rifle, gunpowder, smokeless powder or ammunition for a firearm for use in a supervised manner.
3. Endangering the welfare of a child is a Class D crime, except that a violation of subsection 1, paragraph B-2 is a Class C crime.
1.Me. Rev. Stat. tit. 17-A, § 554(1)(B). A defense exists if the defendant was the parent, foster parent, guardian or an adult approved by the parent, foster parent or guardian who furnished the child under 16 years of age an air rifle for use in a supervised manner. Me. Rev. Stat. tit. 17-A, § 554(2)(C).
AUBURN,
ARTICLE I. IN GENERAL Auburn, Maine Code of Ordinances
Sec. 32-6. Discharge of firearms.
(a)
Purpose and intent. The purpose of this section is to regulate the discharge of firearms within the city in order to promote and enhance the safety and welfare of its inhabitants. It is intended to protect the rights of landowners and the interests of persons who use firearms in work and recreation.
(b)
Discharge prohibited in certain areas. No person shall fire or discharge any gun, revolver, pistol, air-operated or gas-operated gun or firearm of any description within the area as designated by the map attached to the ordinance from which this section is derived, except in cases where such act is expressly permitted by state law. A copy of such map is on file in the city clerk’s office.
(c)
Exceptions. The provisions of this section shall not apply to officers charged with the enforcement of law; to persons discharging firearms in the defense of person or property; to the discharge of firearms in duly authorized rifle ranges, pistol ranges, target ranges or shooting galleries; to the discharge of firearms during military exercises; to the discharge of firearms by members of veterans’ organizations and other similar organizations in connection with public ceremonies; or to the discharge of blank cartridges for theatrical purposes or for signal purposes in athletic contests or sporting events.
(d)
Enforcement. Police officers of the city shall have the authority to enforce this section.
(e)
Shooting nuisance dogs or wild animals. Except in emergency circumstances under which a property owner is permitted by state law to kill dogs or wild animals found in the act of attacking or worrying that person’s domestic animals or destroying that person’s property, no person shall discharge firearms within the city limits for the purpose of shooting such nuisance dogs or wild animals without first notifying the police department of his/her intention to do so and of the approximate time and place where the shooting is to occur. In the emergency circumstances described in this subsection (e), any person shooting a dog or wild animal shall notify the police department immediately following such shooting.
(Code 1967, § 27-1.13)
State law reference— Requirement for adoption of municipal ordinances regarding discharge of firearms and bows and arrows, 30-A M.R.S.A. § 3007.
AUGUSTA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference— M.R.S.A. Title 12 laws includes pellet/ air guns.
BELFAST,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference— M.R.S.A. Title 12 laws includes pellet/ air guns.
BRUNSWICK,
DIVISION 2. REGULATIONS – Brunswick, Maine – Code of Ordinances
Sec. 14-135. – Hunting and firearms.
A person shall not hunt, trap, or disturb wildlife. A person shall not possess or discharge a firearm, blank gun, air rifle, spring gun, bow and arrow, sling, or any other type of weapon which is potentially dangerous to human beings or to wildlife. The second sentence of this section does not apply to blank guns or bows and arrows being used for sporting events authorized by the director. This section does not prohibit a licensed hunter in possession of a weapon, which is not ready to fire a projectile, from passing through a park to other areas lawful for hunting during hunting season.
(Ord. of 6-13-83, § 114; Ord. of 3-1-99)
ARTICLE I. IN GENERAL – Brunswick, Maine – Code of Ordinances
(c)
Creation of certain noises upon public right-of-way prohibited.
(1)
No person, while occupying any public right-of-way in the town, shall emit any noise or operate any noise-creating device in such a manner that the public’s attention is drawn to the source of the noise.
(2)
The prohibition of this section shall include, but not be limited to, the following activity or conduct:
a.
Discharging fireworks or any exploding device;
b.
Firing a starter pistol, air gun, BB gun or a firearm;
ELIOT,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference— M.R.S.A. Title 12 laws includes pellet/ air guns.
FALMOUTH,
ARTICLE IV. USE OF PARKS AND PUBLIC GROUNDS Falmouth, Maine Code of Ordinances
(12)
Possession and use of weapons/firearms/fireworks. It shall be unlawful for any person to:
a.
Possess, fire or discharge, or cause to be fired or discharged across, in or into any portion of a posted park or public land, any gun or firearm, spear, bow and arrow, crossbow, sling shot, air or gas weapon, paintball gun, or any other dangerous weapon or projectile, without permission from the director of parks and community programs or designee.
LISBON,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference— M.R.S.A. Title 12 laws includes pellet/ air guns.
OLD ORCHARD BEACH,
ARTICLE II. WEAPONS Old Orchard Beach, Maine Code of Ordinances
Sec. 38-25. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm means any instrument used in the propulsion of pellets, shot, shells, or bullets by action of gunpowder, compressed air or gas exploded or released within it.
Muzzleloader means a firearm that is capable of being loaded only through the muzzle; is ignited by a matchlock, flintlock, or cap lock, including an in-line cap lock or shotgun or rifle primer mechanism; has a rifled or smooth-bored barrel or barrels, each barrel capable of firing only a single charge; propels a ball, bullet or charge of shot and may have any type of sights, including scopes.
(Ord. of 5-4-10(2)
Sec. 38-27. Discharge causing projectile to pass near dwelling or occupied building or structure.
It shall be unlawful for any person to shoot or discharge a firearm of any kind or description in the town which causes or permits the bullet or projectile from such firearm to pass or results in the bullet or projectile from such firearm passing within 100 yards of a dwelling or occupied building or structure without having received the prior consent in writing of the owner of such dwelling or occupied building or structure.
(Ord. of 9-17-1980, § 3)
Cross reference— Buildings and building regulations, ch. 66.
ORONO,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Law reference— M.R.S.A. Title 12 laws includes pellet/ air guns.
PORTLAND,
City of Portland Offenses, Miscellaneous Provisions
Code of Ordinances Chapter 17
Sec. 17-20
Rev. 3-4-13
Chapter 17 OFFENSES, MISCELLANEOUS PROVISIONS*
DIVISION 2. WEAPONS*
———-
*Cross reference(s)–Weapons in cemeteries, § 7-138.
———-
Sec. 17-41. Firearms–Shooting prohibited; exceptions.
(a) No person shall shoot with or use a bow and arrow, BB
gun, air gun of any kind, gas pellet gun of any kind, slingshot, a
firearm of any kind or description or any other such weapon within
the city, except in the performance of official duties, at
authorized galleries or ranges, or in self-defense.
Sec. 17-42. Same–Carrying at nighttime prohibited; exception.
(a) No person shall have in his possession in or on any
street, way, sidewalk, park or other public place, or in any motor
vehicle on or in any street, way, sidewalk, park, or other public
place between the time of sunset of any day and sunrise of the
following day any loaded BB gun, air gun of any kind, gas pellet
gun of any kind, firearm of any kind or description or any other
such weapon.
The prohibition of this section shall include, but not be limited
to, the following activity or conduct:
b. Firing a starter pistol, air gun, BB gun or a firearm,
SOUTH PORTLAND,
Editor’s Note: City ordinance to make possession in public places of weapons such as bows and arrows, BB guns, air guns, and slingshots a civil offense. Violators of the law would be subjected to a fine, though they would not be required to hand over the weapon.
(Code 1966, §§ 6-4-2.3, 6-4-2.3.2, 6-4-2.4, 6-4-2.5; Ord. No. 2-70, 1-19-70; Ord. No. 4-10/11, 9/20/10
[Fiscal Note: Less than $1000])
Sec. 26-6. Firing, discharging weapons in city; possession of certain types of
weapons in city.
(a) No person shall, without a permit from the chief of police, fire or discharge
any revolver, gun, fowling piece, cannon or firearm within the limits of the city;
provided, however, that this section shall not apply to the use of such weapons at any
military exercise or review or in the lawful defense of one’s person, family or
property.
(b) No person shall have in his possession in or on any street, way, sidewalk, park
or other public place any bow and arrow, BB gun, air gun of any kind, gas pellet gun
of any kind, spring gun, slingshot or any other instrument or weapon made for the
purpose of throwing or projecting missiles of any kind by any means whatsoever within
the city, except in the performance of official law enforcement duties, at authorized
shooting galleries or ranges or when en route to or from the same, or during transport
within an enclosed container, or in self-defense. In addition, no person shall shoot
with or use the types of weapons set forth in this subsection in or on any street,
way, sidewalk, park or other public place whatsoever within the city, except in the
performance of official law enforcement duties, at authorized shooting galleries or
ranges, or in self-defense.
MARYLAND-
State Air-gun Law reference-
Current Law: State law does not currently directly address imitation firearms/air-guns.
ANNAPOLIS,
Chapter 11.44 WEAPONS Annapolis, Maryland Code of Ordinances
11.44.060 BB guns, slingshots, bows and arrows, large rocks and similar devices.
A.
A person may not sell, give away, lend or otherwise transfer to any minor under the age of eighteen years, except with the express permission of a parent or guardian of the minor, any BB gun, any slingshot, any bow and arrow, or any other device by whatever name or description known, designed to discharge a pellet or other object by force of a spring, elastic band, gas cylinder, air cylinder, gas cartridge or air cartridge.
B.
A person may not discharge or use any BB gun, slingshot, bow and arrow or device, except on private property with the express permission of the owner or other person entitled to possession of the property and in a manner to prevent the discharged pellet or object from traversing any grounds or space outside the limits of the property, or except at an indoor or outdoor target range under the supervision of an adult.
C.
Nothing in this section makes lawful anything otherwise prohibited by law.
D.
Any violation of this section is a misdemeanor punishable by a fine or imprisonment, or both as established by resolution of the City Council.
(Ord. O-5-04 § 1 (part), 2004; prior code § 17-10.1)
FINES SCHEDULE Effective July 1, 2013 Annapolis, Maryland Code of Ordinances
11.44.060.D
BB guns, slingshots, bows and arrows, large rocks and similar devices.
Not to exceed $100 or imprisonment not exceeding 90 days or both
Not to exceed $100 or imprisonment not exceeding 90 days or both
BERLIN,
ARTICLE V. WEAPONS – Berlin, Maryland – Code of Ordinances
Sec. 20-94. – Discharge prohibited; exceptions; penalty.
(a)
It shall be unlawful for any person, except a qualified law enforcement officer of the United States, the state, the county or the town, to shoot, fire or discharge any rifle, shotgun, pistol, revolver, air gun, BB gun or other dangerous or deadly weapon within the corporate limits of the town.
(b)
Any violation of the provisions of this article shall be punishable, upon conviction, as a misdemeanor as provided in section 1-23
(Code 1977, §§ 104-1, 104-2; Ord. No. 115, 5-3-1965)
Charter reference— Authority to regulate or prevent the use of firearms, etc., § C5-1B(20).
State law reference— Weapons, Md. Criminal Law Code Ann. § 4-101 et seq.
CAMBRIDGE,
Chapter 12 OFFENSES—MISCELLANEOUS – Cambridge, Maryland – Code of Ordinances
Sec. 12-18. – Weapons—Discharge of firearms.
(a)
No person shall discharge any cannon, gun, rifle, pistol, pellet gun, bb-gun, dart gun or any other firearm within the corporate limits of the city, unless otherwise permitted by exemption set forth in subsection (b) hereof.
(b)
Exemptions. This provision, however, shall not apply to:
(1)
Supervised pyrotechnic displays, to the discharge of cannons for ceremonial purposes, or to the abatement of nuisances when the city police department determines such act to be necessary or causes the same to be actively supervised, and the city council approves such activity; or
(2)
The discharge of a firearm for the purpose of self-defense within the owner’s home.
(c)
Any person violating this section may be deemed to be guilty of an infraction, the fine for which shall be $100.00.
(d)
Nothing in this section shall be construed to prohibit or restrict the legal possession of a firearm within the city, or the reasonable discharge of the firearm for the purpose of the self-defense within the home.
(Code 1972, § 23.01; Ord. No. 674, § 1, 1-23-84; Ord. No. 987, 5-11-09)
Charter reference— Penalties for ordinance violations, § 3-83.
State law reference— Penalties for ordinance violations, Ann. Code of Md. art. 23A, § 3; handgun permits, Ann. Code of Md. art. Public Safety, § 5-301 et seq.; sale of deadly weapons to minors, Ann. Code of Md. art. Public Safety § 5-134.
Charles County,
CHEVERLY,
Chapter 20 PEACE AND GOOD ORDER – Cheverly, Maryland – Code of Ordinances
Sec. 20-3. – Firearms and pellet guns.
It shall be unlawful for any unauthorized person to discharge any type of firearms, BB gun or any other weapon within the town.
(Ord. No. 14-77, 10-13-77)
Charter reference—Authority to regulate or prevent use of firearms, § C-23A(26).
Cross reference—Discharge of firearms by police, § 22-8
Sec. 20-4. – Dangerous weapons generally.
The provisions of article 27 of the Annotated Code of Maryland concerning weapons shall be applicable in the Town of Cheverly. In addition, it shall be unlawful within the town for any unauthorized person to wear or carry on or about his/her person any pistol, revolver, dirk knife, bowie knife, slingshot, billy, blackjack, sand club, sword cane, metal knuckles, razor, rifle (unless broken down or properly cased) or shotgun (unless broken down or properly cased) or BB gun (unless broken down or properly cased), or any other dangerous or deadly weapon of any kind whatsoever (except penknives) provided that any knife having a blade of more than two and one-half (2½) inches in length shall be considered a dangerous weapon within the meaning of this section.
(Ord. No. 14-77, 10-13-77)
Sec. 20-5. – Supplying firearm materials or dangerous weapons to underage persons.
It shall be unlawful for any person, licensed dealer or otherwise, to sell, barter or give away shotguns, rifles, or any long guns whatsoever, or any ammunition, powder, shot or shells for any dangerous weapon, covered by section 20-4 preceding, to any person under the age of eighteen (18) years. It shall be unlawful for any person, licensed dealer or otherwise, to sell, barter or give away handguns of all types except those classified as antiques to any person under the age of twenty-one (21) years.
(Ord. No. 14-77, 10-13-77)
CHEVY CHASE,
Chapter 14 MISCELLANEOUS PROVISIONS AND OFFENSES – Chevy Chase, Maryland – Code of Ordinances
Sec. 14-1. – Use of dangerous weapons.
It shall be unlawful for any person to use, or permit any minor to use, any firearm, slingshot, BB gun, bow and arrow, explosives, including fireworks, or any other type of lethal or dangerous weapon, on either public or private property, within the town.
(Code 1964, § 6)
Editor’s note—
The town has made chapter 57 (entitled “Weapons”) of the Montgomery County Code applicable to the town. See § 1-7
CUMBERLAND,
DIVISION 2. WEAPONS Cumberland, Maryland Code of Ordinances
Sec. 11-94. Air guns, slingshots, etc.
No person shall discharge, fire or shoot any air guns, spring gun, blow pipe, slingshot, bean shooter or any other contrivance manufactured and calculated to throw, sling, or discharge any shot or missile within the city, and no person shall possess any such weapon upon any of the streets or alleys of the city; provided, however, that this provision shall not prohibit the discharge of a paintball gun on any property where paintball competitions are permitted by the property owner.
(Code 1966, § 19-1; Ord. No. 3381, § 1, 10-22-01)
EMMITSBURG,
No listed air-gun ordinances.
FREDERICK,
Chapter 15 OFFENSES—MISCELLANEOUS Frederick, Maryland Code of Ordinances
Sec. 15-17. Firearms—Discharge within city.
It shall be unlawful for any person to fire, discharge or set off any gun, rifle, pistol, revolver or other firearms, air rifle, cannon, torpedo, squib or other dangerous weapon of any character within the city without a written permit from the chief of police and director of safety; provided, that this section shall not apply to members of any military company when engaged in drilling or target practice under the command or direction of any officer thereof, or to the use of firearms in the lawful defense of person or property, or to the use of firearms by members of the police department in the lawful discharge of their duty.
(1961 Supp., § 12.49)
GAITHERSBURG,
Chapter 15A PARKS AND OTHER PROPERTIES Gaithersburg, Maryland Code of Ordinances
Sec. 15A-9. Weapons.
No person other than a police officer or a city employee authorized to do so shall have in his possession any firearm, air-rifle, paint ball gun, spring-gun, bow and arrow, sling or other instrument capable of propelling a projectile with sufficient force to inflict injury, or any weapon designed to fire blank cartridges. This section shall not prohibit the possession and use of blank pistols by officials at permitted athletic events, nor shall it prohibit the possession and use of firearms or bows and arrows or other weapons for target shooting at places and times specifically designated for that purpose by the city manager.
(Ord. No. O-2-75, § 9; Ord. No. O-7-01, 4-2-01)
County of
HOWARD,
SUBTITLE 4. FIREARMS CONTROLS Howard County, Maryland Code of Ordinances
(f) Definition:
Gun: Any firearm, rifle, shotgun, revolver, pistol, air gun, air rifle or any similar mechanism by whatever name known which is designed to expel a projectile through a barrel by the action of any explosive, gas, compressed air, spring, or elastic.
SUBTITLE 5. PUBLIC RECREATION ON PRIVATE LANDS Howard County, Maryland Code of Ordinances
Sec. 19.504. Rules, regulations and prohibited activities.
The following activities are prohibited in open space areas:
(c)
Possessing any firearm, rifle, shotgun, revolver, pistol, air gun, air rifle or any similar mechanism by whatever name known which is designed to expel a projectile through a barrel by the action of any explosive gas, compressed air, spring or elastic. Police Officers are authorized to seize such mechanisms and deliver them to the Police Department for disposition as provided in section 19.509 of this subtitle.
LA PLATA,
Chapter 146 PEACE AND GOOD ORDER La Plata, Maryland Code of Ordinances
146-5 Discharge of firearms.
D.
Air guns.*
(1)
In this subsection, “air gun” means a small-caliber weapon, with a handgun or a shoulder weapon, from which pellets or darts are discharged by the expending force of compressed air or gas (carbon dioxide or CO2). The term includes air guns called “air rifles,” “BB guns,” “gas guns,” “spring-operated guns” and “air pistols.”
(2)
No person may discharge any air gun within five hundred (500) feet of any home or residence, other than his own, or any school or school grounds, whether private or public, any church or church grounds, any place or public assembly or any public park or playground within the Town of La Plata.
(3)
This subsection shall not prohibit the owner or tenant of any land from discharging any air gun on his land for the purpose of the protection of his own property or the life of himself or his family or killing predatory animals which prey upon, damage or destroy his property, livestock or crops. This subsection shall not apply to the discharge of any air gun on any target, trap or skeet range or shooting area which has been inspected and approved in writing by the Town Council or its duly authorized agent. This subsection shall not apply to the discharge of any air gun by any person in a private basement or cellar target range.
* Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art I.
LAUREL,
No listed air-gun ordinances.
MIDDLETOWN,
No listed air-gun ordinances.
Montgomery County,
Chapter 57. Weapons. – Sec. 57-1. Definitions.
In this Chapter, the following words and phrases have the following meanings:
Gun or firearm: Any rifle, shotgun, revolver, pistol, air gun, air rifle or any similar
mechanism by whatever name known which is designed to expel a projectile through a
gun barrel by the action of any explosive, gas, compressed air, spring or elastic.
OCEAN CITY,
DIVISION 1. GENERALLY Ocean City, Maryland Code of Ordinances
Sec. 58-101. Discharge of firearms.
It shall be unlawful for any person except a peace officer to fire, set off or discharge any pistol, revolver, rifle, gun or any other firearm or any air rifle or air-gun within the corporate limits of Ocean City, Maryland.
(Code 1972, § 103-3)
OCEAN CITY,
DIVISION 1. GENERALLY Ocean City, Maryland Code of Ordinances
Sec. 58-101. Discharge of firearms.
It shall be unlawful for any person except a peace officer to fire, set off or discharge any pistol, revolver, rifle, gun or any other firearm or any air rifle or air gun within the corporate limits of Ocean City, Maryland.
(Code 1972, § 103-3)
PRINCE GEORGES COUNTY,
DIVISION 6. WEAPONS. Prince George’s County, Maryland Code of Ordinances
Sec. 14-140. Loaded weapons prohibited; exceptions.
(a)
No person shall discharge or have in his possession, while loaded, any firearm, rifle, shotgun, revolver, pistol, air gun, air rifle or any similar mechanism by whatever name know, which is designed to expel a projectile through a gun barrel by the action of any explosive, gas, compressed air, spring or elastic, within one thousand feet (1,000′) of any home or residence, other than his own, or any school or school grounds (private or public), church or church grounds, places of public assembly, public parks and playgrounds within the County, whether the weapon is loaded with blank or live cartridges or projectiles of any kind.
(b)
This Section shall not prohibit the owner or tenant of any land from discharging such described weapons on his land for the purpose of the protection of his own property or the life of himself or his family, or killing predatory animals which prey upon, damage or destroy his property, livestock or crops. This Section shall not apply to the discharging of such weapons where a permit has been issued by the Department of Environmental Resources.
(Gen. Res. No. 11-1963, Sec. 1; CB-49-1984)
Sec. 14-141. Transfer of weapon to minor prohibited; exceptions.
(a)
No person shall give, sell, rent, lend or otherwise transfer any gun or weapon described in Section 14-140, designed to use explosive ammunition or any projectile therefor, within the County to a minor under the age of seventeen (17) years, except where the relationship of parent and child, guardian and ward or adult instructor and pupil exists between such person and the minor.
ROCKVILLE CITY,
ARTICLE III. OTHER OFFENSES Rockville, Maryland Code of Ordinances
Sec. 13-61. Firearms; violation of section declared misdemeanor.
(a)
A person may not discharge any firearm, rifle, shotgun, revolver, pistol, air gun, air rifle or any similar mechanism that is designed to expel a projectile through a gun barrel by the action of any explosive, gas, compressed air, spring, or elastic within the corporate limits of the City whether such mechanism is loaded with blank or live cartridges or projectiles of any kind.
(b)
Subsection (a) does not apply to:
(1)
The discharge of any mechanism on any target, trap or skeet range or shooting area which has been inspected and approved in writing by the City Manager; or
(2)
The discharge of any such mechanisms by any person in a private basement or cellar target range; or
(3)
The discharge of any such mechanism where necessary to protect life or property or to kill any dangerous animal; or
(4)
To any duly authorized peace officer acting in the proper performance of his official duties; or
(5)
The discharge of blank cartridges in theatrical performances or sporting events; or
(6)
The firing of salutes by firing squads at military funerals.
(c)
The City Manager shall issue target, trap and skeet range and shooting area approval certificates, which certificates may specify the time and manner of shooting and type of gun or ammunition which may be used on such range or area. Any such approval certificate shall be valid for eighteen (18) months after its issuance and shall be issued only upon a finding by the City Manager that the discharge of guns upon such ranges or areas will not jeopardize life or property. No range or area shooting certificate shall be issued except upon the written application of the owner, lessee or person lawfully in possession of the land upon which is located the range or area sought to be licensed or approved.
(d)
Any person who violates this section is guilty of a misdemeanor.
(Laws of Rockville, Ch. 12, § 12-1.07)
Cross reference— Punishment for misdemeanors, § 1-10; firearms in parks, § 14-43.
SALISBURY,
Chapter 9.04 FIREARMS Salisbury, Maryland Code of Ordinances
9.04.020 Discharge of air guns, slingshots and like devices prohibited.
It is unlawful for any person to discharge or set off any air gun, bean shooter, slingshot or other like device within the corporate limits of the city.
(Prior code § 69-2)
ST. MARYS COUNTY,
No listed air-gun ordinances.
Massachusetts-
State Air-gun law reference-
General Laws:
Section 12B- No minor under the age of eighteen shall have an air rifle or so-called BB gun in his possession while in any place to which the public has a right of access unless he is accompanied by an adult or unless he is the holder of a sporting or hunting license and has on his person a permit from the chief of police of the town in which he resides granting him the right of such possession. No person shall discharge a BB shot, pellet or other object from an air rifle or so-called BB gun into, from or across any street, alley, public way or railroad or railway right of way, and no minor under the age of eighteen shall discharge a BB shot, pellet or other object from an air rifle or BB gun unless he is accompanied by an adult or is the holder of a sporting or hunting license. Whoever violates this section shall be punished by a fine of not more than one hundred dollars, and the air rifle or BB gun or other weapon shall be confiscated. Upon a conviction of a violation of this section the air rifle or BB gun or other weapon shall, by the written authority of the court, be forwarded to the colonel of the state police, who may dispose of said article in the same manner as prescribed in section ten.
Section 12A-Air rifles; sale to minors
Section 12A- Whoever sells to a minor under the age of eighteen or whoever, not being the parent, guardian or adult teacher or instructor, furnishes to a minor under the age of eighteen an air rifle or so-called BB gun, shall be punished by a fine of not less than fifty nor more than two hundred dollars or by imprisonment for not more than six months.
Massachusetts law prohibits anyone from furnishing an air rifle or BB gun to a person under age 18, except the minor’s parent, guardian or adult teacher or instructor. In addition, any person, including a parent, guardian or adult teacher or instructor, is prohibited from selling an air rifle or BB gun to a person under age 18.1 Massachusetts law also prohibits any person under age 18 from having an air rifle or BB gun in his or her possession while in any place to which the public has a right of access unless:
•He or she is accompanied by an adult; or
•He or she is the holder of a sporting or hunting license and has on his or her person a permit from the chief of police of the town in which he resides granting him or her the right of such possession.
1.Mass. Gen. Laws ch. 269, § 12A.
Section 12A. Whoever sells to a minor under the age of eighteen or whoever, not being the parent, guardian or adult teacher or instructor, furnishes to a minor under the age of eighteen an air rifle or so-called BB gun, shall be punished by a fine of not less than fifty nor more than two hundred dollars or by imprisonment for not more than six months.
2.Mass. Gen. Laws ch. 269, § 12B.
Section 12B. No minor under the age of eighteen shall have an air rifle or so-called BB gun in his possession while in any place to which the public has a right of access unless he is accompanied by an adult or unless he is the holder of a sporting or hunting license and has on his person a permit from the chief of police of the town in which he resides granting him the right of such possession. No person shall discharge a BB shot, pellet or other object from an air rifle or so-called BB gun into, from or across any street, alley, public way or railroad or railway right of way, and no minor under the age of eighteen shall discharge a BB shot, pellet or other object from an air rifle or BB gun unless he is accompanied by an adult or is the holder of a sporting or hunting license. Whoever violates this section shall be punished by a fine of not more than one hundred dollars, and the air rifle or BB gun or other weapon shall be confiscated. Upon a conviction of a violation of this section the air rifle or BB gun or other weapon shall, by the written authority of the court, be forwarded to the colonel of the state police, who may dispose of said article in the same manner as prescribed in section ten.
BROCKTON,
No listed air-gun ordinances. State Air-gun law reference-
General Laws:
Section 12A-Air rifles; sale to minors & Section 12B-
CAMBRIDGE,
Chapter 9.16 WEAPONS – Cambridge, Massachusetts – Code of Ordinances
9.16.060 – Bows, arrows and air gun discharge prohibited.
No person shall shoot with or use a bow and arrow or air gun in a street, or upon or from any bridge.
(Prior code § 13-12)
CHELSEA,
ARTICLE IV. OFFENSES INVOLVING PUBLIC SAFETY Chelsea, Massachusetts Code of Ordinances
Sec. 16-76. Possession, use and sale of dangerous weapons.
(a)
No person shall fire or discharge any air rifle, so-called BB gun, firearm or cannon within the city; however, this section shall not apply to the use of such weapons:
(1)
At any military exercise authorized by the authority of the state or by the city council;
(2)
At any military review;
(3)
In the lawful defense of the person, family or property of any person; or
(4)
By a police officer in the lawful performance of official duty;
provided, however, that this prohibition shall not apply to persons engaged in target shooting on a firing range within the building of a gun club licensed to be used for such purpose and who has in immediate possession a permit from the chief of police granting such person the right of such possession.
(b)
No person, except as provided by law, shall carry, or carry under such person’s control in a vehicle:
(1)
Those weapons and instruments mentioned in M.G.L. c. 269, § 10(b) and M.G.L. c. 269, § 12
(2)
Any knife having any type of blade in excess of four inches by one inch tapered to a sharpened tip (except when actually engaged in hunting, fishing or in any employment which requires the use of such a knife or in going to or returning directly from such activities); or
(3)
Other object or tool so redesigned, fashioned, prepared or treated that the same may be used to inflict serious bodily harm or for other unlawful purposes.
(c)
Any individual who has violated any provision of this section shall be subject to arrest and a criminal fine of not more than $300.00 for each offense, and shall in all other respects be subject to the provisions of section 1-8
(d)
Upon a conviction of a violation for the possession or use of a dangerous weapon, or a violation of this section, the weapon involved shall, by written authority of the court, be forwarded to the commissioner of public safety, who may dispose of said article in the same manner as prescribed in M.G.L. c. 269, § 12B.
(e)
No person shall sell an air rifle or air pistol to a person under the age of 18 years.
(Code 1994, § 2-9)
FALL RIVER,
No listed air-gun ordinances. State Air-gun law reference-
General Laws:
Section 12A-Air rifles; sale to minors & Section 12B-
GLOUCESTER,
ARTICLE I. IN GENERAL Gloucester, Massachusetts Code of Ordinances
Sec. 21-11. Playing ball, shooting air guns, throwing snowballs, skateboarding, etc.
(a)
No person shall shoot with or use a bow and arrow, sling or air gun, play at ball, fly any kite or balloon or throw a stone, snowball or any other missile in any street of the city.
HOLYOKE,
Chapter 54 OFFENSES AND MISCELLANEOUS PROVISIONS Holyoke, Massachusetts Code of Ordinances
Sec. 54-16. Air rifles, BB guns and paint ball guns.
(a)
No person shall sell to a minor under the age of 18 any air rifle, BB gun or paint ball gun and no person, not being the parent or guardian, shall furnish to any minor under the age of 18 any air rifle, BB gun or paint ball gun. Whoever violates this provision shall be punished by a fine of $150.00.
(b)
No minor under the age of 18 shall have any air rifle, BB gun or paint ball gun in his possession while in any place to which the public has a right of access unless he is accompanied by an adult or unless he is the holder of a sporting or hunting license and has on his person a permit from the chief of police, granting him the right of such possession. Whoever violates this provision shall be punished by a fine of $100.00.
(c)
No person shall discharge a BB shot, pellet or other object from an air rifle, BB gun or paintball bun in or across the streets, highways, public parks, school properties or any other public areas of the city. Whoever violates this provision shall be punished by a fine of $100.00.
(d)
Any police officer witnessing a violation of subsections (a), (b) or (c) shall have the right to arrest such person without a warrant.
(Ord. of 10-7-08 [11th amd.], § 1; Ord. of 12-20-11 [13th amd.], § 1)
Note—See editor’s note at § 54-15
LAWRENCE,
Chapter 9.12 WEAPONS – Lawrence, Massachusetts – Code of Ordinances
9.12.010 – Discharging firearms.
No person shall, except in the performance of some duty required by law or upon permission from the city council, discharge any air gun or gun, pistol or other firearm in or upon any street or public place, or within 100 yards thereof, or in any building, or within 100 yards of any building in the city.
(Prior code § 20-5)
MEDFORD,
ARTICLE I. IN GENERAL – Medford, Massachusetts – Code of Ordinances
Sec. 58-2. – Use of firearms; building of bonfires.
No person shall fire or discharge a cannon, gun, fowling-piece, air rifle or firearm, or make any bonfire within the limits of the city, except at a military exercise or review authorized by the military authority of the commonwealth or by the city council, and except in the lawful defense of persons or family or property of a citizen, except by authority provided by law; provided, however, that this section shall not apply to persons engaged in trap or target shooting on the grounds of a gun club licensed for such purposes by the city.
(Rev. Ords. 1974, ch. 14, § 2)
State law reference— Sale or furnishing weapons to minors, M.G.L.A. c. 140, § 130; authority of city to establish, by ordinance, rules for explosives, M.G.L.A. c. 148, § 9; sale or furnishing BB guns, etc., to minors, M.G.L.A. c. 269, §§ 12A, 12B.
NEW BEDFORD,
Chapter 17 OFFENSES AND MISCELLANEOUS PROVISIONS – New Bedford, Massachusetts – Code of Ordinances
Sec. 17-7. – Discharging weapons, throwing of missiles, depositing stench bombs, etc.
No person shall, except in the performance of some duty required by law, discharge any gun, pistol or other firearm or any “BB” gun, air rifle, paintball gun or other such gun, or use a bow and arrow, or throw stones, snowballs or other missiles, or throw, drop, pour, deposit, discharge or squirt any liquid gaseous or solid whether or not it be injurious to person or property or whether it be nauseous, sickening, irritating or offensive to any of the senses, with intent to wrongfully injure, molest, discomfort or discommode another, in or upon any street, public place or wharf in the city or upon, at or from any vehicle moving or stationary, or at any building, tree or other public or private property or upon or at any person in or upon such street, public place or wharf, except by the written permission of the chief of police.
(Code 1963, §§ 14-105, 14-135; Ord. of 4-9-87, § 1; Ord. of 7-20-95, § 1)
State law reference— Shooting air rifle, M.G.L.A. c. 269, § 12B; discharging firearm near building, M.G.L.A. c. 269, § 12E.
NEWBURYPORT,
Chapter 10 MISCELLANEOUS OFFENSES – Newburyport, Massachusetts – Code of Ordinances
Sec. 10-3. – Shooting bow and arrow, sling, air gun; flying kites, balloons; throwing stones, snowballs, etc.
No person shall shoot with or use a bow and arrow, sling or air gun, play ball or fly any kite or balloon, or throw a stone, snowball or other missile in any street.
(Code 1971, § 16-40)
Cross reference— Streets, sidewalks and other public places, ch. 12.
Chapter 12 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES – Newburyport, Massachusetts – Code of Ordinances
FOOTNOTE(S):
——————————————————————————–
— (1) —
Cross reference— Responsibilities of committee on public service, § 2-37; animals, ch. 3; grazing animals prohibited from running at large, § 3-1; certain animals prohibited from sidewalks, § 3-3; boats, docks and waterways, ch. 4; harbor, § 4-26 et seq.; beaches, § 4-101 et seq.; buildings and building regulations, ch. 5; moving buildings through streets, § 5-2; earth removal, § 5-226 et seq.; civil defense and disaster relief, ch. 6; fire prevention and protection, ch. 7; health and sanitation, ch. 8; litter in public places prohibited, § 8-84; nuisances, § 8-101 et seq.; junked, wrecked, abandoned, inoperative motor vehicles, § 8-121 et seq.; transient vendors, hawkers and peddlers, § 9-111 et seq.; operation of bicycles, mopeds, roller skates and skateboards in certain areas restricted, § 10-1; discharging firearms and other weapons in public places prohibited, § 10-2; shooting bow and arrow, slingshots, air guns, etc., and throwing stones, snowballs, etc., prohibited in any street, § 10-3; being an annoyance in street, sidewalk, etc., prohibited, § 10-4; certain loitering in public places prohibited, § 10-5; consumption of alcoholic beverages upon public ways, etc., prohibited, § 10-8; parks and recreation, ch. 11; certain temporary closure of streets permitted, § 13-27; traffic and motor vehicles, ch. 13; utilities, ch. 14; vehicles for hire, ch. 15; zoning, app. A; off-street parking regulations, app. A, § VII; subdivision rules and regulations, app. B; required improvements for an approved subdivision, app. B, § V. (Back)
State Law reference— Streets, M.G.L.A. cc. 81—92; sidewalks, M.G.L.A. c. 83, §§ 25—29; M.G.L.A. c. 85, § 4 et seq.; watering streets, M.G.L.A. c. 40, §§ 16—18; act in regard to abolition of certain grade crossings, Acts 1900, c. 472; jurisdiction of cities over highways, M.G.L.A. c. 82, § 17 et seq.; regulations relative to public ways generally, M.G.L.A. c. 85; authorizing cities to regulate use of ways for certain purposes, M.G.L.A. c. 85, § 10.
PEABODY,
Chapter 20 OFFENSES Peabody, Massachusetts Code of Ordinances
Sec. 20-1. Discharge of firearms; prohibited; exceptions.
No person shall, except as authorized or required by law, fire or discharge any gun, fowling piece or other firearm or an air rifle within the city. The provisions of this section shall not apply to the chief of police or other police officers in the performance of their duties nor to the use of such weapon at any military exercise or at any established rifle range or in the lawful defense of the person, family or property of any citizen, nor to the rights and privileges of an owner or lessee of land as set forth in M.G.L.A., c. 131 nor shall the provisions of this section apply to persons lawfully upon private property with the express written permission of the owner thereof nor to persons upon public property with the express written permission of the chief of police.
QUINCY,
Chapter 9.08 OFFENSES AGAINST PUBLIC PEACE AND DECENCY – Quincy, Massachusetts – Code of Ordinances
9.08.020 – Air gun, bow and arrow and slings—Use prohibited.
No person shall shoot with or use an air gun, bow and arrow or sling in the city.
REVERE,
Chapter 9.20 WEAPONS* ** – Revere, Massachusetts – Code of Ordinances
9.20.010 – Discharging firearms or air guns.
No person shall fire or discharge a cannon, gun or other firearm within the limits of the city except at a historical occasion or military exercise or review authorized by the military authority of the commonwealth or by the city council or mayor of the city or in lawful defense of a person, family or property of any citizen or any law enforcement officer acting in the discharge of his or her duties; provided, however, that this prohibition shall not apply to persons engaged in trap or target shooting on the grounds of a gun club licensed to be used for such purposes by the licensing authorities of the city, nor to persons licensed for hunting under the laws of the commonwealth while hunting game with a shotgun.
(C.O.88-154 § 1)
Chapter 9.12 OFFENSES AGAINST PROPERTY – Revere, Massachusetts – Code of Ordinances
– Playing and throwing things on streets.
No person shall shoot with or use a bow and arrow, sling or air gun, play ball or throw a stone, snowball or other missile in any street.
(Prior revision § 17-27)
SALEM,
Chapter 24 OFFENSES AND MISCELLANEOUS PROVISIONS Salem, Massachusetts Code of Ordinances
Sec. 24-26. Imitation firearms.
(a)
Definitions. For the purposes of this section, “imitation firearm” means:
(1)
Any nonfunctional imitation of an original firearm which was manufactured, designed and produced since 1898, or
(2)
Any nonfunctional representation of a firearm other than an imitation of an original firearm, provided such representation could reasonably be perceived to be a real firearm.
Such term does not include any lookalike, non-firing, collector replica of an antique firearm developed prior to 1898, or traditional BB or pellet-firing air gun that expels a metallic or paint-contained [paint-containing] projectile through the force of air pressure.
(b)
Restrictions.
(1)
No person shall give, offer for sale or sell any imitation firearm. The provisions of this subsection shall not apply to any imitation firearm, which, because of its distinct color, exaggerated size or other design feature, cannot reasonably be perceived to be a real firearm.
(2)
No person shall draw, exhibit or brandish a facsimile of a firearm in a public place for the purpose of intimidation or engaging in criminal activity or simulate a firearm in the presence of a peace officer, firefighter, emergency medical technician or paramedic engaged in the performance of his duties knowing or having reason to know that such peace officer, firefighter, emergency medical technician or paramedic is engaged in the performance of such duties.
(3)
No person shall alter, remove, modify, paint or conceal from an imitation firearm any feature as required by 15 USC § 5001 that distinguishes it from a real firearm.
(4)
Nothing in this article shall prevent carrying or display of a replica gun by a person involved in a living history presentation or other activity for historical interpretation or educational purposes, or by a person participating in a parade if such activity or parade participant is associated with an established historical organization, museum, military preservation organization, or other group with a mission to educate the public at various events through the use of historical artifacts, clothing, vehicles, aircraft, maritime vessels, and firearms or replicas thereof.
(c)
Violation—Penalty. Any person violating subsection 24-26(b) shall be fined no more than $300.00 for each offense.
(Ord. of 10-26-2006, § I; Ord. of 9-23-2010, § 1)
SOMERVILLE,
DIVISION 1. GENERALLY Somerville, Massachusetts Code of Ordinances
Sec. 9-86. Shooting guns and firearms.
No person shall, except in the performance of some duty required of him or her by law, discharge any cannon, gun, pistol or other firearm, loaded with ball or shot, or with power or other explosive only, or any flobert rifle, so-called, or any air gun, without authority of the board of aldermen.
(Code 1963, § 12-41)
State law reference— Offenses involving weapons generally, M.G.L.A. c. 269, § 10 et seq.
WESTFIELD,
ARTICLE I. IN GENERAL – Westfield, Massachusetts – Code of Ordinances
Sec. 10-11. – Discharging firearms.
No person shall, except in the performance of some duty required by law, or upon permission from the chief of the police department, discharge any air gun or gun, pistol or other firearm in or upon any street or public place, or within 100 yards thereof, or in any building, or within 100 yards of any building in the city.
(Code 1971, § 9-11)
WINTHROP,
Chapter 9.08 OFFENSES AGAINST PUBLIC PEACE AND DECENCY – Winthrop, Massachusetts – Code of Ordinances
9.08.010 – Discharge of firearms within town limits.
No person shall, except as authorized, justified or required by law, fire or discharge any gun or other firearms or an air rifle within the limits of the town, but the provisions of this section shall not apply to any member of the police department in the performance of his or her duties or to the use of such weapons at any military exercise or in the lawful defense of the person, family or property of any citizen.
(Prior code § 134-1)
MICHIGAN-
State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ]
Sec. 1.
No person under 18 years of age shall use or possess any handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 caliber by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a person over 18 years of age.
FIREARMS LAWS OF MICHIGAN — 2011
DEATH OR INJURIES FROM FIREARMS
Act 10 of 1952
AN ACT to define the duties of any person who discharges a firearm and thereby injures any person; and
to prescribe penalties for violations of the provisions of this act.
History: 1952, Act 10, Eff. Sept. 18, 1952.
The People of the State of Michigan enact:
752.841 Firearms; definition.
Sec. 1. For the purposes of this act the word “firearm” shall mean any weapon or device from which is
propelled any missile, projectile, bullet, shot, pellet or other mass by means of explosives, compressed air or
gas, or by means of springs, levers or other mechanical device.
History: 1952, Act 10, Eff. Sept. 18, 1952.
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
ADA, MICHIGAN
No listed air-gun ordinances. State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41)
ADDISON,
No listed air-gun ordinances. State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
ADRIAN,
ARTICLE IV. OFFENSES INVOLVING PUBLIC SAFETY – Adrian, Michigan – Code of Ordinances
Sec. 58-111. – Discharge of weapons.
No person shall discharge any firearm, air rifle, air pistol or bow and arrow in the city, except when in connection with a regularly scheduled educational or training program under adequate supervision.
(Code 1972, § 9.62(3))
ALBION,
ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY – Albion, Michigan – Code of Ordinances
Sec. 58-163. – Discharge of weapons; public possession of weapons.
(a)
No person shall discharge any firearm, air rifle or air pistol or slingshot within the city. Nor shall any person have any air rifle, air pistol or slingshot in his possession in any street or park, unless securely wrapped or encased.
(b)
No person shall go about armed, carry or have upon his person any stiletto or other offensive or dangerous weapon excepting pistols; provided, however, this subsection shall not apply to persons duly licensed and allowed by law to carry such weapons.
(Code 1984, § 15-46; Ord. No. 2009-04, § 2, 10-19-09)
State law reference— Carrying concealed weapon, MCL 750.227.
ALLEGAN,
DIVISION 2. WEAPONS – Allegan, Michigan – Code of Ordinances
Sec. 17-200. – Use of air guns.
(a)
Definitions. The following words and phrases, when used in this section, shall have the meanings respectively ascribed to them:
Air gun means any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but does not mean a firearm.
Dealer means any person engaged in the business of selling at retail or renting any of the articles designated in this section.
(b)
Sale or transfer to minors:
(1)
It shall be unlawful for any dealer to sell, lend, rent, give, or otherwise transfer any air gun to any person under the age of eighteen (18) years, where the dealer knows or has reasonable cause to believe the person could be under eighteen (18) years of age, or where such dealer has failed to make reasonable inquiry relative to age of the person and such person is under eighteen (18) years of age.
(2)
It shall be unlawful for any person to give, lend, or otherwise transfer any air gun to any person under eighteen (18) years of age, except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the person under eighteen (18) years of age.
(c)
Carrying by minors. It shall be unlawful for any person under eighteen (18) years of age to carry any air gun on the streets, alleys, public roads, or public lands within the city unless accompanied by an adult, provided, however, that the person under eighteen (18) years of age may carry such air gun if unloaded and in a suitable case or securely wrapped.
(d)
Discharge. It shall be unlawful for any person to discharge any air gun from or across any street, alley, sidewalk or public road within the limits of the city, or on or across any public land except on a properly constructed and supervised target range.
(e)
Exceptions. Notwithstanding any inconsistent provision of this section, it shall be lawful for any person under eighteen (18) years of age to have in his possession an air gun if the article is:
(1)
Kept within his domicile;
(2)
Used by the person under eighteen (18) years of age and he is a duly enrolled member of any club, team, or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range or other safe area, to possess, load and fire in such a place under the supervision, guidance and instruction of a responsible adult;
(3)
Used in or on any private grounds or residence under circumstances when such gun can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence.
(Ord. No. 45, §§ 1—4, 7-22-59)
State law reference— BB guns, MCL 752.891, MSA 28.436(41).
ALLEN PARK,
DIVISION 2. WEAPONS – Allen Park, Michigan – Code of Ordinances
Sec. 26-379. – Firearms; defined; discharge, possession and transportation restrictions.
(a)
Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearm includes any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
(b)
It shall be unlawful for any person to discharge any firearm or other instrument producing a like effect and noise, within the city, except in the lawful defense of his person or property, or as otherwise permitted by law.
(c)
Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel a firearm, other than a pistol, unless the firearm is unloaded and is one or more of the following:
(1)
Taken down.
(2)
Enclosed in a case.
(3)
Carried in the trunk of the vehicle.
(4)
Inaccessible from the interior of the vehicle.
(d)
Unless otherwise permitted by law, it shall be unlawful to carry a firearm on any public street or in any public place unless it is unloaded and in a case.
(e)
Nothing in this section shall prohibit the mayor and city council, with the recommendation of the chief of police, upon written request, to grant permission for operation and maintenance of an established shooting gallery or target range under such rules and regulations and conditions as the mayor and council or chief of police may provide.
(f)
Police officers, peace officers and persons in the military service, in pursuit of official duty, and persons duly authorized by federal or state law to carry firearms, are exempt from the provisions of this section.
(Ord. No. 2006-16, § 1(6(14-421)), 10-9-2007)
ALMA,
ARTICLE II. PARK REGULATIONS – Alma, Michigan – Code of Ordinances
Sec. 36-33. – Firearms, air guns, slingshots, etc.
No person in a public park shall use, carry or possess firearms of any description (including BB guns, bows and arrows and slingshots), except as a part of planned and supervised recreational activity approved by the city manager.
(Code 1961, § 3-207; Code 1984, § 20-15)
State law reference— Firearms and weapons, MCL 28.421 et seq., 750.222 et seq.
ALPENA,
ARTICLE I. IN GENERAL – Alpena, Michigan – Code of Ordinances
Sec. 54-2. – Disorderly conduct.
(4)
Discharge any firearm, air rifle, cross-bow, bow and arrow or other similar weapon or device in any public or private place within the city, or have any such firearm, air rifle, cross-bow, bow and arrow or other similar weapon or device in his possession in any public place of the city unless it is securely wrapped or encased.
ANN ARBOR,
Chapter 115 WEAPONS AND EXPLOSIVES Ann Arbor, Michigan Code of Ordinances
9:261. Definitions.
The following definitions shall apply for purposes of this chapter:
(1)
Explosive means explosive as defined in the Fire Prevention Code of the City of Ann Arbor.
(2)
Firearm means any pistol, rifle, shotgun, short barreled shot gun or short barreled rifle as defined in P.A. 1931, No. 328 as amended being Section 750.222 of the Michigan Compiled Laws.
(3)
Fireworks means fireworks as defined by the Fire Prevention Code of the City of Ann Arbor.
(4)
Licensed dealer means a person licensed under Section 923 of Chapter 44 of Title 18 of the United States Code who regularly buys and sells firearms as a commercial activity with the principal objective livelihood and profit.
(5)
Pistol means the term defined as pistol in P.A. 1913, No. 328 as amended being Section 750.222 of the Michigan Compiled Laws.
(6)
Public place means any street, sidewalk, alley, park, government-owned or government-controlled building, common hallway or public room of any place of business or assembly open to the public, common hallway or public room of any dwelling of greater than 2 units, and any other place to which the public has lawful access.
(7)
Weapon means any air pistol, air rifle, slingshot, crossbow, bow, firebomb, bomb, nunchuk, or throwing star, but shall not include antique guns not in operating condition.
(8)
Nunchuk means a martial arts device consisting of 2 sticks, pipes, or bars connected by a chain, rope, or other flexible connector.
(9)
Throwing star means a martial arts device made from a thin, flat, rigid piece of metal in the shape of a star or other symmetrical shape, with sharpened edges or points or with edges or points that may be sharpened.
(Ord. No. 82-92, § 1, 12-7-92)
9:262. Possession of weapons or firearms in public places.
(1)
A person shall not possess any weapon in any public place, with the following exceptions:
(a)
A law enforcement officer of any governmental unit may possess a weapon to the extent that such possession is required for the performance of lawful duties.
(b)
A person may possess a weapon when in connection with a regularly scheduled educational, recreational, or training program under adequate supervision.
(c)
An established dealer in weapons or repairer of weapons may possess weapons in the place of business for purposes of making lawful sale or repair of the weapons.
(d)
The proprietor of a place of business, or the proprietor’s duly authorized agent, may possess a weapon in the place of business for purposes of protecting the place of business.
(e)
A person may possess a weapon for purposes of transporting the weapon to any location where it may lawfully be possessed under this ordinance; provided, however, that when being transported, the weapon shall be encased, and, in the case of guns, shall be unloaded, except in the case of BB guns.
(f)
A person may possess a weapon under the provisions of a valid state permit for the carrying of a concealed weapon.
Charter Township of
ANN ARBOR,
No listed air-gun ordinances. State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
ARMADA,
Chapter 42 PARK REGULATIONS Armada, Michigan Code of Ordinances
Sec. 42-17. Conduct within parks.
It shall be unlawful within a park for any person to:
(f)
Possess or discharge any firearm or ammunition, explosive, dynamite cap, fireworks, air gun, pellet gun, spring gun, slingshot, crossbow, bow and arrow, any device by means of which a projectile can be propelled;
PART 4. GOVERNMENT AND PUBLIC SAFETY Armada, Michigan Code of Ordinances
Sec. 91-27. Discharging firearm; hunting.
(a)
No person shall discharge a firearm within the village except in the lawful defense of his or her person or property or as otherwise permitted by law.
(b)
No person shall hunt within the village.
(c)
No person shall discharge a pellet or air gun or bow and arrow within the village except when engaged in target practice in an area where, through adequate supervision and the use of proper materials and equipment, such activity does not endanger the participant or the public at large and the owner has consented to such activity on his or her property.
(Ord. No. 119, § 1, 11-11-07)
ATLAS,
94.000 OMNIBUS NUISANCE ORDINANCE Ord. No. 06-003 Adopted: April 17, 2006 – Atlas Township, (Genesee Co.), Michigan – Code of Ordinances
An Ordinance to Prohibit The Use of B.B. and Air Guns;
94.007 – B.B. gun and air gun.
Sec. VII. ([MCL] 752.891) Possession or use of B.B. handgun by person under 18 years of age.
No person under 18 years of age shall use or possess any handgun designed and manufactured exclusively for propelling B.B.’s not exceeding .177 caliber by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a person over 18 years of age.
No person shall recklessly, needlessly, willfully or wantonly use, carry, handle, point or discharge any B.B. gun or air gun in the direction of another person, any real or personal property, domestic animal or pet.
AUBURN HILLS,
DIVISION 2. FIREARMS AND HUNTING – Auburn Hills, Michigan – Code of Ordinances
Sec. 46-216. – BB guns.
It shall be unlawful for any person under 18 years of age to use or possess any handgun designed and manufactured exclusively for propelling BBs not exceeding .177 caliber by means of spring, gas, or air, outside the curtilage of domicile, unless he/she is accompanied by a person over 18 years of age.
(Ord. No. 207, § 16, 11-11-74; Ord. No. 10-825, § 1, 1-4-10)
Sec. 46-219. – Intentionally aiming a firearm, BB gun, or bow and arrow without malice.
It shall be unlawful for any person to intentionally, without malice, point or aim any firearm, BB gun, or bow and arrow at or toward any other person.
(Ord. No. 10-825, § 1, 1-4-10)
AURELIUS TOWNSHIP,
No listed air-gun ordinances. State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
BAD AXE,
ARTICLE III. DISORDERLY PERSON – Bad Axe, Michigan – Code of Ordinances
Sec. 8-47. – Crowds and riots, public address.
(d)
No person shall shoot any air gun, spring gun, cross bow or firearm, or other dangerous weapon or instrument in the City of Bad Axe.
BARODA,
ARTICLE III. FIREWORKS – Baroda, Michigan – Code of Ordinances
(Ord. No. 152, § 5, 7-2-2007)
Sec. 14-65. – Permission required prior to discharge of explosive devices/firearms.
No person shall fire off, set off, or explode any gunpowder, cracker, squib, rocket or fireworks, or fire any cannon, gun, toy, air, target or spring gun, revolver, pistol, toy pistol, cap or cartridge, or aid or abet therein within the limits of the village, without first having obtained permission in writing from the president.
(Comp. Ords. 1995, § 20.707; Ord. No. 4, 1-15-1917)
Sec. 14-66. – Enforcement and penalties.
Such persons who shall be so designated by the village council shall enforce this article.
(Ord. No. 152, § 6, 7-2-2007)
BATH CHARTER TOWNSHIP,
ARTICLE IV. OFFENSES INVOLVING PUBLIC SAFETY – Bath Charter Township, (Clinton Co.), Michigan – Code of Ordinances
Sec. 42-101. – Carrying weapons.
It is a misdemeanor if a person carries any air rifle, BB gun, bow and arrow, slingshot, crossbow or other dangerous weapon in any public place in a careless or reckless manner or so as to endanger persons or property, subject to the following exceptions:
(1)
When such weapon is in a case and is not loaded;
(2)
When a bow or crossbow is unstrung or encased, or when it is being carried under the direct supervision of authorized public recreational personnel; or
(3)
Where and as otherwise permitted by state law.
(Ord. No. 28.2, § 1(C)(33), 6-3-1991)
State law reference— Weapons, MCL 750.222 et seq.
BAY CITY,
ARTICLE IV. OFFENSES AGAINST PUBLIC SAFETY – Bay City, Michigan – Code of Ordinances
Sec. 74-81. – Discharge of dangerous weapons.
A person commits the crime of discharge of dangerous weapons if he fires or shoots any firearm, air gun, spring gun, BB gun, pellet gun, bow and arrow, slingshot, or other dangerous weapon or instrument in any street, avenue, alley, or public place or if he fires or shoots such weapons in any place in such manner as to endanger or be likely to endanger any person or property, except in lawful defense.
(Code 1970, § 28-28)
State law reference— Discharge of firearms, MCLA 750.234, 750.235, MSA 28.431, 28.432.
Sec. 74-82. – Hunting within city limits.
No person shall carry or use a firearm, air gun, spring gun, BB gun, pellet gun, bow and arrow, sling shot or other dangerous weapon or instrument for the purpose of hunting within the city limits. Provided, however, that in order to provide wildlife management and control, the lands of James Clements Airport may be opened to hunting with bow and arrow, conditioned upon the issuance of a written permit by the city manager. Every person hunting upon the lands of James Clements Airport shall have in his immediate possession the written permit issued by the city manager and shall display the permit upon demand of any city employee, police officer or officer of the state department of natural resources. Nothing contained herein or in any permit issued by the city manager shall be construed to relieve a hunter of the duties and obligations imposed under state law or the rules and regulations promulgated by the state department of natural resources.
(Code 1970, § 28-28.1; Ord. No. 1996-16, § 28-28.1, 10-7-96)
State law reference— Game law, MCLA 311.1 et seq., MSA 13.1321 et seq.
COUNTY OF BAY,
No listed air-gun ordinances. State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
BEDFORD,
90.000 PUBLIC PARKS Ord. No. 50 Adopted: October 17, 1978 – Bedford Township, (Monroe Co.), Michigan – Compilation-General Ordinance-
3.
Firearms and Hunting.
a.
Firearms in General. Air guns, paintball guns and firecrackers are strictly prohibited. No person shall possess or carry any firearm, gun or pistol within a township park, except those persons who hold and possess a valid license to carry a concealed pistol pursuant to Act 372 of the Public Acts of 1927, that being Concealed Pistol Licensing Act, MCL 28.421 et seq.
b.
Hunting. Hunting or trapping is strictly prohibited within any park.
c.
Bows and Arrows. Bows and arrows are permitted only within designated archery range(s).
BELDING,
DIVISION 3. AIR GUNS AND BLOWGUNS Belding, Michigan Code of Ordinances
Sec. 58-216. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air gun means any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action or a spring or elastic but does not mean a firearm.
Blowgun means any device designed to expel a projectile by the action of exhaling breath.
Dealer means any person engaged in the business of selling at retail or renting any air gun or blowgun.
(Ord. No. 377, § 1(9.180), 3-2-82; Ord. No. 446, § 4, 2-3-98)
Cross reference— Definitions generally, § 1-2.
Sec. 58-217. Furnishing to minors.
(a)
It shall be unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air gun or blowgun to any person under the age of 18 years of age or where such dealer has failed to make reasonable inquiry as to the age of such person and such person is under 18 years of age.
(b)
It shall be unlawful for any person to give, lend, or otherwise transfer any air gun or blowgun to any person under 18 years of age, except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the person under 18 years of age.
(Ord. No. 377, § 1(9.181), 3-2-82; Ord. No. 446, § 5, 2-3-98)
Sec. 58-218. Lawful possession by minor.
Notwithstanding any provision of this division to the contrary, it shall be lawful for any person under 18 years of age to have in his possession one or more air guns or blowguns if the same is:
(1)
Kept within his domicile;
(2)
Used by the person under 18 years of age and he or she is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range, to possess, load and fire at such rifle range under the supervision, guidance, and instruction of a responsible adult; or
(3)
Used in or any private grounds or residence under circumstances when such air gun or blowgun can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence.
(Ord. No. 377, § 1(9.182), 3-2-82; Ord. No. 446, § 6, 2-3-98)
Sec. 58-219. General regulations.
(a)
It shall be unlawful for any person under 18 years of age to carry any air gun or blowgun on the streets, alleys, public roads or public lands within the city unless accompanied by an adult; provided, however, that a person under 18 years of age may carry such air gun or blowgun unloaded, in a suitable case or securely wrapped.
(b)
It shall be unlawful for any person to discharge any air gun or blowgun from or across any street, sidewalk, alley or public land, or any public place, except on a properly constructed target range.
(Ord. No. 377, § 1(9.183), 3-2-82; Ord. No. 446, § 7, 2-3-98)
Secs. 58-220—58-240. Reserved.
DIVISION 2. FIREARMS AND DANGEROUS WEAPONS Belding, Michigan Code of Ordinances
Sec. 58-198. License required.
It shall be unlawful for any person to display, possess or otherwise utilize any firearm, air rifle, air pistol, blow gun or other weapon within the city unless such person is licensed, as required by law.
(Ord. No. 418, § 1(9.171), 9-1-92; Ord. No. 446, § 2, 2-3-98)
Sec. 58-199. Use prohibited.
It shall be unlawful for any person to fire, discharge or otherwise use any firearms, air rifles, air pistol, bow and arrow, slingshot, blowgun or other dangerous weapon in or into any street, avenue, alley, public place, or in or into any place in such a manner as to endanger or be likely to endanger any person or personal property.
(Ord. No. 418, § 1(9.172), 9-1-92; Ord. No. 446, § 1, 2-3-98)
Sec. 58-201. Display, possession or utilization.
It shall be unlawful for any person to display, possess or otherwise utilize any firearm, air rifle, air pistol or any other dangerous weapon unless same is licensed as required by law within the city unless they are licensed by law.
(Ord. No. 418, § 1(9.174), 9-1-92)
Sec. 58-202. Use while intoxicated.
It shall be unlawful for any person within the city while under the influence of an intoxicating liquor, or any exhilarating or stupefying drug, to carry, have in his possession or control, or use in any manner, or discharge any firearm, air rifle, air pistol, bow and arrow, crossbow, slingshot or other dangerous weapon.
(Ord. No. 418, § 1(9.175), 9-1-92)
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY Belding, Michigan Code of Ordinances
Sec. 58-216. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air gun means any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action or a spring or elastic but does not mean a firearm.
Blowgun means any device designed to expel a projectile by the action of exhaling breath.
Dealer means any person engaged in the business of selling at retail or renting any air gun or blowgun.
(Ord. No. 377, § 1(9.180), 3-2-82; Ord. No. 446, § 4, 2-3-98)
Cross reference— Definitions generally, § 1-2.
Sec. 58-217. Furnishing to minors.
(a)
It shall be unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air gun or blowgun to any person under the age of 18 years of age or where such dealer has failed to make reasonable inquiry as to the age of such person and such person is under 18 years of age.
(b)
It shall be unlawful for any person to give, lend, or otherwise transfer any air gun or blowgun to any person under 18 years of age, except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the person under 18 years of age.
(Ord. No. 377, § 1(9.181), 3-2-82; Ord. No. 446, § 5, 2-3-98)
Sec. 58-218. Lawful possession by minor.
Notwithstanding any provision of this division to the contrary, it shall be lawful for any person under 18 years of age to have in his possession one or more air guns or blowguns if the same is:
(1)
Kept within his domicile;
(2)
Used by the person under 18 years of age and he or she is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range, to possess, load and fire at such rifle range under the supervision, guidance, and instruction of a responsible adult; or
(3)
Used in or any private grounds or residence under circumstances when such air gun or blowgun can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence.
(Ord. No. 377, § 1(9.182), 3-2-82; Ord. No. 446, § 6, 2-3-98)
Sec. 58-219. General regulations.
(a)
It shall be unlawful for any person under 18 years of age to carry any air gun or blowgun on the streets, alleys, public roads or public lands within the city unless accompanied by an adult; provided, however, that a person under 18 years of age may carry such air gun or blowgun unloaded, in a suitable case or securely wrapped.
(b)
It shall be unlawful for any person to discharge any air gun or blowgun from or across any street, sidewalk, alley or public land, or any public place, except on a properly constructed target range.
(Ord. No. 377, § 1(9.183), 3-2-82; Ord. No. 446, § 7, 2-3-98)
Secs. 58-220—58-240. Reserved.
Charter Township of
BENTON,
Chapter 50 PARKS AND RECREATION – Benton Charter Township, (Berrien Co.), Michigan – Code of Ordinances
Sec. 50-12. – Trespass
issuance of a permit therefore.
(h)
Firearms. No person shall at any time, bring into or upon the township park properties, nor have in his or her possession, nor discharge, or set off anywhere upon said properties, a revolver, pistol, shotgun, rifle, air gun, or any gun, rifle, firearm or bow or other weapon that discharges projectiles either by air, explosive substance or any other force, provided, however, this prohibition is subject to the concealed weapons permit statutes of the state. Provided further, this section shall not apply to any deputy sheriff, police officer, peace officer, park ranger, or other duly appointed law enforcement officer while carrying out the duties and responsibilities of his/her position.
BERKLEY,
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY – Berkley, Michigan – Code of Ordinances
Sec. 82-283. – Firearms, slingshots and air-guns.
(a)
Drawing or discharging. Any person who shall intentionally, without malice, point or aim any firearm at or toward any other person, shall be guilty of a misdemeanor. Any person who shall discharge a firearm or other instrument producing a like effect and noise within the city, except in lawful defense of his person or property, or as otherwise permitted by law, shall be guilty of a misdemeanor. Any person who shall maim or injure any other person by the discharge of any firearm pointed or aimed intentionally, without malice, at any such person shall be guilty of a misdemeanor.
(b)
Shooting slingshots or air guns. It shall be unlawful to use or shoot within the city a slingshot or air gun which is hereby defined to be any gun which shoots a projectile either by means of air pressure or spring for a distance of more than 25 feet. It shall be unlawful for the parent or guardian in charge or custody of any minor to knowingly permit any such minor to use or to shoot any slingshot or air gun.
(Code 1981, §§ 19-88, 19-89; Ord. No. 58-95, § 1, 4-3-1995)
State law reference— Similar provisions, MCL 750.233—750.235, MSA 28.430—28.432; BB guns, MCL 752.891 et seq., MSA 28.436(41) et seq.
BERLIN, MONROE COUNTY,
ARTICLE III. NOISE CONTROL – Berlin Charter Township, (Monroe Co.), Michigan – Code of Ordinances
Sec. 6.5-57. – Regulations.
(a)
No person, firm, corporation or entity shall cause or create any unreasonable or improper noise or disturbance, injurious to the health, peace or quiet of the residents and property owners of the Charter Township of Berlin.
(b)
The following noises and disturbances are hereby declared to be a violation of this article, provided, however, that the specification of the same is not thereby to be construed to exclude other violations of this article not specifically enumerated:
(3)
The firing of any firearm, air gun, or other combustible substance for the purpose of creating an unreasonable noise or disturbance.
Chapter 11 PARKS AND RECREATION – Berlin Charter Township, (Monroe Co.), Michigan – Code of Ordinances
(c)
No person shall have in his possession or control within township parks any slingshots, pellet gun, air rifle, fireworks, crossbow, bow, arrow or archery equipment, explosives or dangerous materials unless he has obtained advance written permission of the township board.
BERRIEN SPRINGS,
No listed air-gun ordinances. State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
BIRMINGHAM,
DIVISION 2. WEAPONS Birmingham, Michigan Code of Ordinances
Sec. 74-206. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm, except as otherwise specifically provided in this division, means any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
Cross reference— Definitions generally, § 1-2.
Sec. 74-209. Discharge.
No person shall discharge any firearm, air rifle or air pistol in the city, except when lawfully acting in the defense of persons or property or the enforcement of law or at a duly established range, the operation of which has been approved by the commission.
BLISSFIELD,
80.000 DISORDERLY CONDUCT – Blissfield, Michigan – Compilation-General and Zoning
80.002 Acts prohibited.
Sec. 2. No person within the Village, shall:
(d)
Discharge any firearm, BB gun, air gun, or pellet gun, provided however that these provisions shall not apply to the discharge of BB guns as a part of any Village sanctioned event provided said discharge is conducted under the supervision of an NRA certified instructor and in a location approved by the Blissfield Village Police Chief or their designee.
Charter Township of
BLOOMFIELD,
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY Bloomfield Charter Township, (Oakland Co.), Michigan Code of Ordinances
Sec. 22-253. Discharging of firearms.
No person shall discharge any firearm, air rifle, air pistol within the township, except when lawfully acting in the defense of persons or property or the enforcement of law or at a duly established range, the operation of which has been approved by the board of trustees.
(Ord. No. 210, § 29.01, 5-25-1970)
State law reference— Discharge of weapons, MCL 750.234 et seq.; authority to prohibit discharge of firearms, MCL 123.11404.
Sec. 22-256. BB guns.
No person shall use or possess any firearm designed and manufactured exclusively for propelling BB’s not exceeding .177 caliber by means of spring, gas, or air, outside the curtilage of his domicile within the township. The firearm may be used only to shoot at a designated target within a safe location so as to avoid BB’s from leaving the curtilage of the domicile.
BLOOMFIELD HILLS,
No listed air-gun ordinances. State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
BOYNE CITY,
No listed air-gun ordinances. State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
BRANDON CHARTER TOWNSHIP,
No listed air-gun ordinances. State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
BRIGHTON TOWNSHIP,
ARTICLE II. KENSINGTON METROPOLITAN PARK – Brighton Charter Township, (Livingston Co.), Michigan – Code of Ordinances
Sec. 14-30. – Slingshots, air-guns, fireworks, explosives.
No person shall have in their possession or control any slingshot, pellet gun, air rifle, fireworks, explosives, or other dangerous materials within the boundaries of Kensington Metropolitan Park without written permission from the authority.
(Ord. No. 57, § 2.3, 6-2-81; Ord. No. 174, § 1, 6-15-00)
BROOKLYN,
No listed air-gun ordinances. State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
Charter Township of
BROWNSTOWN,
102.000 FIREARMS – Brownstown Charter Township (Wayne Co.), Michigan – Compilation-General Ordinances
102.001 – [Possession of firearms prohibited; exceptions.]
Sec. 1.
From and after the adoption of this ordinance, it shall be illegal for any person in the Township of Brownstown, County of Wayne, Michigan, to have in his possession, except within his own domicile, or carry or fire or use, a revolver or pistol of any description, shotgun, or rifle which may be used for the explosion of cartridges, or any air-gun, “B-B Gun,” gas-operated gun or spring gun, or any instrument, toy or weapon commonly known as a “pea-shooter,” “slingshot,” or “beany,” or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name.
102.002 – [Prohibition not to apply to shooting galleries and certain private grounds or premises.]
Sec. 2. The prohibition of this Ordinance shall not apply to licensed shooting galleries or in private grounds or premises under circumstances when such instrument can be fired, discharged or operated in such a manner as not to endanger persons or property, and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such gallery, grounds or residence; and further provided, that nothing herein contained shall be construed to prevent the concealed carrying of any type of gun whatsoever when unloaded and properly cased, to or from any range or gallery, or to or from a legal hunting trip or from using same during any authorized hunting season as promulgated by the Department of Conservation of the State of Michigan and in accordance with the regulations therein set forth.
102.004 – [Violation; penalties.]
Sec. 4. Any person violating any provision of this Ordinance shall be guilty of a misdemeanor which shall be punishable upon conviction thereof by a fine not to exceed $100.00 or by imprisonment not to exceed 90 days, or both.
102.005 – [Each violation a separate offense.]
Sec. 5. Each and every violation of this Ordinance shall be considered as a distinct and separate offense.
131.000 LAKE ERIE METROPARK – Brownstown Charter Township (Wayne Co.), Michigan – Compilation-General Ordinances
131.005 – Dangerous or obnoxious materials or equipment.
Sec. 5.3. No person shall have in his possession or control any rifle, shotgun, pistol or other firearm, slingshot, bow, arrow, crossbow, pellet gun, air rifle, noxious gas ejecting devices, fireworks, explosives or other dangerous devices or materials within the boundaries of the Metro-park; provided, that a law enforcement officer duly appointed by the United States, the State of Michigan or by a political subdivision thereof may carry a firearm as required for the performance of his or her official duties, and may have such possession of other dangerous devices and materials referred to herein as is necessary for confiscation or removal; and provided, further, that bows and arrows may be used as specifically permitted in writing by the Authority.
BUCHANAN,
DIVISION 2. WEAPONS – Buchanan , Michigan – Code of Ordinances
Sec. 58-181. – Definition.
The word “firearm,” except as otherwise specifically defined in this division, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
Cross reference— Definitions generally, § 1-2.
Sec. 58-183. – Aiming firearm.
It shall be unlawful for any person within the city to intentionally, without malice, point or aim any firearm at or toward any other person.
State law reference— Similar provisions, MCL 750.233, MSA 28.430.
Sec. 58-184. – Aiming and discharging firearm.
It shall be unlawful for any person within the city to discharge without injury to another person any firearm, while intentionally, without malice, aiming at or toward any person.
State law reference— Similar provisions, MCL 750.234, MSA 28.431.
Sec. 58-185. – Injury by discharge of firearm.
It shall be unlawful for any person within the city to maim or injure any other person by the discharge of any firearm pointed or aimed unintentionally, without malice, at any such person.
State law reference— Similar provisions, MCL 750.235, MSA 28.432.
Sec. 58-186. – Possession or control of firearm while intoxicated.
It shall be unlawful for any person within the city, while under the influence of an alcoholic liquor or any exhilarating or stupefying drug, to carry, have in possession or control, or use in any manner, or discharge any firearm.
State law reference— Similar provisions, MCL 750.237, MSA 28.434.
Sec. 58-187. – Hunting within city.
It shall be unlawful for any person within the city to hunt wild game, or in any manner carry any gun, weapon or firearm within the city for the purpose of hunting any wild game or fowl at any time.
State law reference— Game law, MCL 311.1 et seq., MSA 13.1321 et seq.
Sec. 58-189. – Confiscation of firearms.
All weapons, guns, pistols, firearms, knives, dirks, razors, stilettos, or any other sharp-edged or pointed instruments, or weapons carried, possessed or used contrary to this division are hereby declared forfeited to the city.
Sec. 58-190. – Transportation and possession.
It shall be unlawful for any person to transport or to have in possession in or upon any vehicle a firearm unless the same is unloaded in both barrel and magazine and carried in the luggage compartment of the vehicle. It shall be unlawful to carry a firearm on any public street or in any public place unless it is unloaded and in a case.
State law reference— Carrying concealed weapons without license, MCL 750.227, MSA 28.424.
Sec. 58-191. – Sale or purchase.
It shall be unlawful for any person under 18 years of age to purchase, carry or transport a firearm on any public street or in any public place. It shall be unlawful for any person to sell a firearm to any person under 18 years of age.
Sec. 58-192. – Dangerous weapons or instruments.
It shall be unlawful for any person to sell or offer for sale, use, operate, discharge, fire, shoot, set off, or trigger any BB gun, air gun, spring gun, cross bows, toy pistol, slingshot, catapult, firearm, or any other dangerous weapon or instrument in the city, except in the lawful defense of his person or property or as otherwise permitted by law.
State law reference— BB guns, MCL 752.851 et seq., MSA 28.436(41) et seq.
CADILLAC,
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY – Cadillac, Michigan – Code of Ordinances
Sec. 22-160. – Weapons; use restricted.
(a)
It shall be unlawful for any person to discharge any firearm, gun, pistol, revolver, air-gun, air pistol, or any other instrument producing a like effect and noise, or shoot a bow and arrow within the city limits, except in lawful defense of his person or property.
(b)
This prohibition shall not apply to the discharge of firearms at a firing range, approved by the chief of the city police department, by members of the city police department, and any other persons approved by the chief of the city police department; provided the times and restrictions pertaining to the use of the firing range as set forth by the chief of the city police department are complied with.
(Prior Code, § 9.106)
State law reference— Authority to prohibit discharge of firearms, MCL 123.1104.
CANTON CHARTER TOWNSHIP,
Subdivision I. In General Canton Charter Township, (Wayne Co.), Michigan Code of Ordinances
Sec. 46-223. Air-guns, bows and arrows, and slingshots.
(a)
Definitions. As used in this section, the following definitions shall apply:
Air-gun means any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas or by the action of a spring or elastic bit.
Arrow means a slender, straight, pointed missile, a weapon made to be shot from a bow and equipped with feathers at one end for continual flight.
Bow means a flexible strip of wood or other material bent by a string or similar material stretched between its ends for shooting arrows.
Slingshot means any instrument of wood or other material and rubber, metal, spring or other elastic material, designed, intended to, or capable of propelling shot, stone or other missiles of any substance whatsoever.
(b)
Selling or furnishing to person under 18 years of age.
(1)
It shall be unlawful for any dealer to sell, lend, give or otherwise transfer any air-gun, slingshot, or bow and arrow to any person under the age of 18 years, where the dealer knows or has reasonable cause to believe such person could be under 18 years of age, or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under 18 years of age.
(2)
It shall be unlawful for any person to give, lend, or otherwise transfer any air-gun to any person under 18 years of age, except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such persons and the persons under 18 years of age.
(c)
Possession by person under 18 years of age. Notwithstanding any inconsistent provision of this section, it shall not be unlawful for any person under 18 years of age to have in his possession an air-gun, bow and arrow, or slingshot, if such article is:
(1)
Kept within his domicile.
(2)
Used by the person under 18 years of age and he is a duly enrolled member of a club, team or society organized for recreational or educational purposes and maintaining as a part of its facilities or having written permission to use an indoor or outdoor target range or other safe area, to possess, load and fire in such a place under the supervision, guidance and instruction of a responsible adult.
(d)
Carrying; discharge.
(1)
It shall be unlawful for any person under 18 years of age to carry any air-gun, bow and arrow, or slingshot on the streets, alleys, public roads or public lands within the township unless accompanied by a responsible adult.
(2)
It shall be unlawful for any person to discharge any air-gun, bow and arrow, or slingshot from or across any street, sidewalk or alley or public land, or any public place, except on a properly constructed target range.
(3)
It shall be unlawful for any person to recklessly or heedlessly or willfully or wantonly use, carry, flourish, handle or discharge any air-guns, bows and arrows, or slingshots without due caution and circumspection for the rights, safety or property of others.
(e)
Civil liability of parents. Nothing contained in this section shall be deemed to relieve any parent from the civil liability, for the malicious or willful destruction of property by any minor under the age of 18 years, imposed by section 2913 of Public Act No. 236 of 1961 (MCL 600.2913).
(f)
Confiscation. Any duly authorized police officer of the township shall be empowered to confiscate and legally dispose of any air-guns, slingshots, or bows and arrows when a violation of this section occurs.
(Ord. No. 81, as amended, § 16, eff. 10-19-2000)
Sec. 46-224. Replica or facsimile of firearm.
(a)
Definition. “Replica or facsimile of firearm” means any device or object made of plastic, wood, metal or any other material which is a replica, facsimile, imitation or toy version of any firearm including but not limited to, a replica, facsimile or toy version of a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, assault weapon, starter pistol, machine gun, rocket launcher, air gun, BB gun inoperative firearms, or other firearm. As used in this article, “replica or facsimile firearm” shall include, but is not limited to toy guns, theatrical production props models, or any other device or object which might reasonably be perceived to be real firearms.
(b)
Unlawful use of replica or facsimile of firearm.
(1)
Unlawful display of replica, toy or imitation gun. It shall be unlawful for any person to carry, possess, brandish, aim, point, exhibit or display to any other person a replica or facsimile of a firearm in such a manner as to frighten, threaten, harass, panic or annoy any other person.
(2)
Unlawful to carry or possess imitation gun in motor vehicle. It shall be unlawful for any person to carry or possess, whether concealed or displayed, in a motor vehicle in an area of the vehicle accessible to the occupants thereof, a replica or a facsimile of a firearm with intent to brandish, use, aim or point such firearm to frighten, panic, threaten, harass or annoy any other person. Carrying or concealing of any such replica or facsimile firearm under or near the driver’s seat, glove box or dashboard shall be a prima facie rebuttable inference of such intent.
(3)
Unlawful to brandish replica or facsimile of firearm in presence of police officer, firefighter or emergency medical technician. No person shall draw, exhibit or brandish a replica or facsimile of a firearm in the presence of a police officer, firefighter, medical emergency technician or paramedic who is engaged in the performance of his duties and the person committing such brandishing knows or has reason to know that such police officer, firefighter, medical emergency technician or paramedic is engaged in the performance of his duties.
(Ord. of 9-27-2011, § 1)
Subdivision II. Firearms Canton Charter Township, (Wayne Co.), Michigan Code of Ordinances
Sec. 46-241. Definitions
Firearm means any weapon or device from which is propelled any missile, projectile, bullet, shot, pellet or other mass by means of explosives, compressed air or gas, or by any means of springs, levers or other mechanical device, but does not mean a bow and arrow, sling shot, paint ball gun or BB gun, which propels a projectile of a caliber of .177 or less.
(Ord. No. 81, as amended, § 15(A), eff. 10-19-2000; Ord. of 2-22-2005)
Cross reference— Definitions generally, § 1-2.
Sec. 46-243. Possession, pointing or discharge generally.
(a)
Pointing or discharging without malice. It shall be unlawful for any person to intentionally, without malice, point or aim any firearm at or toward any other person, or to discharge any firearm while so aimed.
(b)
Discharge upon or across certain places prohibited. It shall be unlawful to discharge a firearm within the township, except at an approved range. It shall be unlawful to:
(1)
Discharge a firearm within 150 yards of an occupied building, dwelling, house, residence, or cabin, or any barn or other building used in connection with a farm operation, without obtaining written permission of the owner, renter, or occupant of the property.
(2)
Discharge any firearm upon any platted land or within 150 yards of any public or private school property.
(3)
Discharge any firearm upon or across any public road or highway within the township.
(c)
Discharge by person under 17 years of age. It shall be unlawful for any person under the age of 17 years to discharge a firearm unless under the direct supervision and control of and accompanied by a parent, legal guardian or adult authorized by the parent or legal guardian to have direct supervision of the person under the age of 17. It shall be the responsibility of every parent, legal guardian or other person having the physical custody or charge of any minor under the age of 17 years to control the minor and prevent him from violating or attempting to violate any provision of this subdivision.
(Ord. No. 81, as amended, § 15(B), (F), (G), eff. 10-19-2000; Ord. of 2-22-2005; Ord. of 3-6-2007(1), § 2)
State law reference— Pointing firearms without malice, MCL 750.233; discharging firearms without malice, MCL 750.234; possession of firearms by underage persons, MCL 750.234f.
Sec. 46-244. Possession or discharge while under the influence of intoxicating liquor or drugs.
It shall be unlawful for any person under the influence of intoxicating liquor or any exhilarating or stupefying substance to carry or have in possession or under control or use in any manner or discharge any firearm within this township.
(Ord. No. 81, as amended, § 15(C), eff. 10-19-2000; Ord. of 2-22-2005)
Cross reference— Alcoholic liquor, ch. 6.
State law reference— Similar provisions, MCL 750.237.
Sec. 46-245. Reckless carrying or use.
It shall be unlawful for any person to recklessly or heedlessly or willfully or wantonly use, carry, or handle or discharge any firearm without due caution and circumspection for the rights, safety or property of others.
(Ord. No. 81, as amended, § 15(D), eff. 10-19-2000; Ord. of 2-22-2005)
State law reference— Similar provisions, MCL 752.863a.
CARO,
DIVISION 2. WEAPONS – Caro, Michigan – Code of Ordinances
Sec. 22-189. – Use of air guns and similar devices.
No person shall use or discharge any air gun, air pistol or any other device for the propulsion of pellets or other missiles within the city.
(Code 2000, § 46-208; Ord. No. 31, § 1, eff. 10-7-1952)
State law reference— Use of BB guns, MCL 752.891 et seq.
CARROLLTON TOWNSHIP,
No listed air-gun ordinances. State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
CASS CITY,
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY – Cass City, Michigan – Code of Ordinances
Sec. 22-203. – Discharge of firearms, air-guns or spring-loaded guns, or bows and arrows.
(a)
Prohibited generally. It shall be unlawful for any person to use or discharge a firearm, air or spring-loaded gun, or bow and arrow within the limits of the village, except:
(1)
Authorized officers of the law are permitted to discharge their weapons in the performance of their duties.
(2)
A person shall be permitted to discharge any weapon for the protection of his life and property.
(3)
A person may discharge a weapon for target practice purposes on a range which has been approved by the village council for the specific type of weapon so discharged.
(b)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearm means any weapon or device from which is propelled any missile, projectile, bullet, shot, pellet, or other mass by means of explosives, compressed air or gas, or by means of springs, levers, or other mechanical devices.
(c)
Use of ranges. An approved range, as used in this section, shall mean a range for the shooting of firearms, air-guns and spring-loaded guns, or bows and arrows, constructed in such a manner as to prevent the projectile from any weapons so fired on such range from exceeding the physical limits of the range. Such range must be so designated by the village council.
(d)
Use by minors. It shall be unlawful for the parent, guardian, or custodian to knowingly permit any minor in his charge or custody to use or discharge a firearm, air-gun or spring-loaded gun, or bow and arrow except on an approved range.
(e)
Liability for damages by minors. Every parent or guardian of a minor under the age of 18 years shall be liable for damages in a civil action for any and all injuries to persons or property that may be caused by such minor as a result of the use or discharge of a firearm, air-gun or spring-loaded gun, or bow and arrow within the limits of the village.
(f)
Confiscation by police. Any police officer shall have authority to confiscate any firearm, air gun and spring-loaded gun, and bow and arrows being used by any person anywhere within the limits of the village, except on an approved target range as provided in subsection (c) of this section. A confiscated weapon shall be held for a period of six months.
(Ord. No. 120, §§ 1—6, 4-30-1985)
CEDAR SPRINGS,
No listed air-gun ordinances. State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-=defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
CENTER LINE,
DIVISION 2. AIRGUNS, SLINGSHOTS, BOWS AND ARROWS – Center Line, Michigan – Code of Ordinances
Sec. 46-286. – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air-gun means any gun, rifle, pistol or device by whatever name known which is designed to expel or shoot a projectile or missile by the action of compressed air or of a spring or elastic, but does not mean any gun or device regulated by the provisions of Act No. 372 of the Public Acts of Michigan of 1927 (MCL 28.421 et seq., MSA 28.91 et seq.), as amended, or Act No. 328 of the Public Acts of Michigan of 1931 (MCL 750.1 et seq., MSA 28.191 et seq.), as amended or Act No. 10 of the Public Acts of Michigan of 1952 (MCL 752.841 et seq., MSA 28.436(11) et seq.), and does not mean a slingshot.
Sec. 46-288. – Dangerous use prohibited.
It shall be unlawful for any person to use or permit to be used on any private or public grounds or in any private or public building, either an air-gun, a slingshot or a bow and arrow, when the projectile, missile or arrow from such use can be fired, discharged or propelled in such a manner as to endanger persons or property or to permit the projectile, missile or arrow to travel or be hurled or propelled outside the limits of the grounds, space or building in or upon which such device is being used.
Sec. 46-289. – Transfer to minor.
It shall be unlawful for any person or dealer to give, sell, rent, lend or otherwise transfer any air-gun, slingshot or bow and arrow to any person under 18 years of age, except where the relationship of parent and child, guardian and ward or adult instructor and pupil exists between such person and the person under 18 years of age.
Sec. 46-290. – Permission of violation.
It shall be unlawful for any person, dealer, parent, guardian or adult instructor knowingly to permit or allow any minor under 18 years of age to possess, use, operate, or discharge an air-gun, slingshot or bow and arrow in any manner or place contrary to the provisions of this division.
Sec. 46-291. – Discharge in public place.
It shall be unlawful for any person to discharge, use or operate any air-gun, slingshot or bow and arrow on or across any street, highway, sidewalk, alley, public land, public park or any public place except upon a properly constructed, operated and controlled target range.
Sec. 46-292. – Lawful possession.
It shall be lawful for any person to have in his possession either an air-gun, slingshot or bow and arrow, if either or any of such devices are:
(1)
Kept within his residence.
(2)
If carried in a public place, unloaded and in a suitable case or in a securely wrapped package, or if a bow and arrow, the string on one end of the bow may be detached from the bow.
(3)
Used by persons who are duly enrolled as members of any club team or society organized for athletic, recreational or educational purposes, which maintains as a part of such organization’s facilities an indoor or outdoor target range which is operated under the supervision, guidance and instruction of a responsible adult.
(4)
Used in or on any private grounds, space or building so that when such article is fired, discharged or propelled, it will not endanger persons or property, and the projectile, missile or arrow being shot or discharged from such device will not pass or travel outside the limits of such grounds, space or building.
Sec. 46-293. – Penalty; confiscation.
(a)
Any person violating any of the provisions of this division shall be subject to have confiscated, and every public safety officer in the city is hereby authorized to confiscate and take into his possession, any air gun, slingshot, bow and arrow or other similar device and hold such device as evidence pending the outcome of any court case brought or filed in connection with any such violation.
(b)
Any and all air-guns, slingshots, bows and arrows, or other similar devices taken from the possession of any such person who is later convicted of violating any of the provisions of this division shall be confiscated as a nuisance and destroyed or disposed of by the public safety department.
CHELSEA,
DIVISION 2. WEAPONS – Chelsea, Michigan – Code of Ordinances
Sec. 18-259. – Firing firearms restricted.
No person, except a duly authorized peace officer, shall fire any revolver, pistol, gun, rifle, air-rifle, bomb, or any other species of firearms, within the limits of the city, without the written permission of the city council.
(Ord. No. 50, § 174.001, 4-1950)
Secs. 18-260—18-263. – Reserved.
Editor’s note—
Ord. No. 170, § 2, adopted February 22, 2011, repealed §§ 18-260—18-263, which pertained to permission of city council required to carry firearms, possession by children of minors prohibited, carless, reckless, or negligent use of firearms, injury or property, and possession of knives, respectively, and derived from Ord. No. 50, §§ 174.002, 174.003, 4-1950; Ord. No. 89, § 175.003(K), (X), 11-17-1981; Ord. No. 89-A, 9-1-1988.
ARTICLE II. PARKS AND PLAYGROUND REGULATIONS – Chelsea, Michigan – Code of Ordinances
Sec. 20-19. – Purpose.
It is the purpose of this article to regulate the use by all persons, organizations, and groups thereof of all public parks and playgrounds, including those operated by the city school district, within the confines of the city.
(Ord. No. 77, § 22.001, 8-6-1973)
Sec. 20-22. – Dangerous or obnoxious materials or equipment.
(a)
No person shall deposit or abandon in or on any lands or water areas within the boundaries of any park or playground any garbage, sewage, bottles, cans, refuse, trash, waste or other obnoxious materials except in receptacles provided for such purposes.
(b)
No person shall have in his possession or control any slingshot, pellet gun, air rifle, fireworks, explosives or other dangerous materials within the boundaries of any park or playground.
(Ord. No. 77, § 22.004, 8-6-1973)
State law reference— Littering, MCL 324.8901 et seq.; firearms and weapons, MCL 750.222 et seq.; fireworks, MCL 750.243a et seq.
ARTICLE II. PARKS AND PLAYGROUND REGULATIONS – Chelsea, Michigan – Code of Ordinances
Sec. 20-22. – Dangerous or obnoxious materials or equipment.
(a)
No person shall deposit or abandon in or on any lands or water areas within the boundaries of any park or playground any garbage, sewage, bottles, cans, refuse, trash, waste or other obnoxious materials except in receptacles provided for such purposes.
(b)
No person shall have in his possession or control any slingshot, pellet gun, air rifle, fireworks, explosives or other dangerous materials within the boundaries of any park or playground.
(Ord. No. 77, § 22.004, 8-6-1973)
State law reference— Littering, MCL 324.8901 et seq.; firearms and weapons, MCL 750.222 et seq.; fireworks, MCL 750.243a et seq.
Charter Township of
CHESTERFIELD,
ARTICLE IV. OFFENSES AGAINST PUBLIC SAFETY Chesterfield Charter Township, (Macomb Co.), Michigan Code of Ordinances
Sec. 46-157. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm includes those weapons from which a dangerous projectile, including but not limited to any missile, bullet, shot or pellet, may be propelled by using explosives, gas, air, or other means of propulsion and which projectile does not exceed .177 in caliber. The term “firearm” specifically includes but is not limited to pellet guns and BB guns not exceeding .177 in caliber and slingshots, without regard to the size or caliber of the projectile propelled.
Minor means a person who has not attained 18 years of age.
(Ord. No. 81, §§ 4.2, 4.3, eff. 4-14-84)
Cross reference— Definitions generally, § 1-2.
Sec. 46-158. Discharge of firearms.
It shall be unlawful for any person to discharge a firearm within the boundaries of the township except as specifically permitted in this article.
(Ord. No. 81, § 5, eff. 4-14-84)
Sec. 46-159. Minors.
No person under 18 years of age shall use or possess any firearm outside the curtilage of his own domicile unless he is accompanied by a person over 18 years of age. In those instances in which a minor is accompanied by such a person over 18 years of age, however, he shall be limited to the use of a firearm as provided for in this article. No minor shall discharge a firearm within the curtilage of his own domicile unless permitted to do so under this article.
(Ord. No. 81, § 6, eff. 4-14-84)
Sec. 46-160. Exemptions.
The prohibition against the possession of discharge of firearms within the boundaries of the township shall not apply to:
(1)
The discharge of a firearm by a person carrying a valid state hunting license and engaged in hunting pursuant to the applicable statutes of the state regulating the hunting of game animals and game birds.
(2)
The discharge of a firearm while engaged in hunting on one’s own farmland.
(3)
The discharge of a firearm in a controlled shooting and/or target range environment when done so without endangering life, limb or property.
(4)
The discharge of a firearm when lawfully acting in the defense of persons or property.
(5)
The discharge of a firearm by a person authorized pursuant to the statutes of the state and the laws of the United States to possess and/or use such a firearm, including but not limited to federal, state and municipal law enforcement personnel and members of the armed services.
(Ord. No. 81, § 7, eff. 4-14-84)
Sec. 46-161. Violation; penalty.
Any person who violates the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a penalty as provided in section 1-11.
(Ord. No. 81, § 8, eff. 4-14-84)
Sec. 46-162. Hunting.
Hunting with or the discharge of, a firearm, except under permit for target shooting as authorized by the township board, or to control nuisance animals as authorized by the department of natural resources, is prohibited within the following described area of the township:
Starting at 23 Mile Road and the Macomb Township-Chesterfield Township common border; thence easterly on 23 Mile Road to Gratiot Avenue; thence northeasterly on Gratiot Avenue to 24 Mile Road; thence easterly on 24 Mile Road to Baker Road; thence northerly on Baker Road to New Haven Road/Washington Avenue; thence southeasterly on New Haven Road/Washington Avenue to the west city limits of New Baltimore; thence southerly along the west city limits of New Baltimore to the shoreline of Lake St. Clair; thence southwesterly along the Lake St. Clair shoreline to William P. Rosso Highway; thence westerly along William P. Rosso Highway to the west boundary of Chesterfield Township; thence northerly along the west boundary of Chesterfield Township to 23 Mile Road, the point of beginning. The provisions of this rule shall not apply to lands owned by, or under the control of, the department of natural resources or the United States government.
(Ord. No. 42-1, § 3, eff. 9-30-82)
Chapter 50 PARKS AND RECREATION Chesterfield Charter Township, (Macomb Co.), Michigan Code of Ordinances
Sec. 50-5. Dangerous or obnoxious materials or equipment.
(a)
No person shall deposit or abandon in or on any lands or water areas within the boundaries of the park any garbage, sewage, bottles, refuse, trash, waste or other obnoxious material except in receptacles provided for such purposes.
(b)
No person shall have in his possession or control any glass bottle or container in or on any baseball diamond in the park or in any other locality in the park where possession of glass bottles and containers is prohibited by posted notices.
(c)
No person shall have in his possession or control any slingshot, pellet gun, air rifle, fireworks, explosives or other dangerous materials within the boundaries of the park.
(Ord. No. 58, § 6, eff. 5-7-76)
Charter Township of
CHINA,
DIVISION 8. GENERAL BUSINESS DISTRICT (B-2) – China Charter Township, (St. Clair Co.), Michigan – Code of Ordinances
No listed air-gun ordinances. State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
CLARE,
ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY Clare, Michigan Code of Ordinances
Sec. 28-161. Discharge of weapons.
It shall be unlawful for any person to discharge any firearm, air rifle, air pistol, bow and arrow or crossbow.
(Code 1985, § 9.102(4))
State law reference— Discharge of weapons, MCL 750.234 et seq.
Sec. 28-167. Hunting within city limits.
No person shall carry or use a firearm, air gun, spring gun, BB gun, pellet gun, bow and arrow, sling-shot, trapping equipment or other dangerous weapon or instrument for the purpose of hunting or trapping within the city limits. Provided, however, that in order to provide for wildlife management and control, specific parcels within the city, including the City of Clare Municipal Airport, may be opened to hunting upon conditions stipulated by the city and the Wildlife Management Authorities of the State of Michigan and conditioned upon issuance of a written permit by the city commission. Every person hunting pursuant to such a permit shall have in his immediate possession the written permit issued by the city manager under the authority of the city commission and shall display the permit upon demand of any city employee, police officer or officer of the state department of natural resources. Nothing contained herein or in any permit issued by the city manager shall be construed to relieve a hunter of the duties and obligations imposed under state law or the rules and regulations promulgated by the state department of natural resources.
(Ord. No. 2008-01, 3-3-2008)
Cross reference— Animals, ch. 8.
CLAWSON,
DIVISION 2. WEAPONS Clawson, Michigan Code of Ordinances
Sec. 46-141. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearms, except as otherwise specifically defined in this Code, means any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
(Code 1978, § 21-111)
Cross reference— Definitions generally, § 1-2.
Sec. 46-144. BB guns; use by minors; prohibited generally; exception.
No person under 18 years of age shall use or possess any handgun designed and manufactured exclusively for propelling BBs not exceeding 0.177 caliber by means of spring, gas or air, outside the curtilage of his domicile, unless he is accompanied by a person over 18 years of age.
(Code 1978, § 21-116)
State law reference— Similar provisions, MCL 752.891.
Clayton Township
Arenac County,
No listed air-gun ordinances. State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
CLINTON,
ARTICLE VI. OFFENSES INVOLVING UNDERAGED PERSONS – Clinton, Michigan – Code of Ordinances
Sec. 34-151. – Air guns and slingshots.
(a)
Defined. An air gun or slingshot means any gun which shoots a projectile either by means of air pressure or spring.
(b)
Prohibited acts. It shall be unlawful for any person under the age of 21 years to do bodily harm or destruction of property with an air gun or slingshot within the village.
(c)
Permitted acts. It shall be permissible for any person under the age of 21 years to transport an unloaded air gun or slingshot within village limits, and it shall be permissible for such person to target shoot on private property in the presence of a parent or guardian.
(d)
Confiscation. Any police officer shall have the authority and duty to confiscate any air gun or slingshot in the possession of any person under the age of 21 years if such person is not on private property with a parent or guardian, or is within village limits with a loaded air gun.
(Ord. No. 57-1, 7-3-57)
Township of
COHOCTAH,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
Charter Township
of
COMMERCE, OAKLAND COUNTY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
CHARTER TOWNSHIP OF COMSTOCK,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
CONSTANTINE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
COOPERSVILLE,
CHAPTER 672 Weapons and Explosives – Coopersville, Michigan – Code of Ordinances
672.01 – FIREARMS DEFINED.
As used in this chapter, “firearms” means any weapon or device from which is propelled any missile, bullet, shot, pellet or other mass by means of springs, levers or other mechanical device, also to include but not limited to bow and arrow, cross bows, rifles, pistols, air guns, BB guns.
(Ord. 94. Passed 10-9-67; Ord. 308. Passed 1-26-98.)
672.02 – DISCHARGE OF FIREARMS.
Except as otherwise provided in Sections 672.03 and 672.04 no person shall discharge firearms within the City, except a duly authorized police officer in the performance of his duty.
(Ord. 118. Passed 7-12-74; Ord. 308. Passed 1-26-98.)
672.03 – USE OF FIREARMS.
Except as otherwise provided for in Sections 672.02 and 672.04, it is unlawful for any person to discharge any type of firearm within the corporate limits of the City of Coopersville unless on a designated course or range approved or controlled by the City of Coopersville.
(Ord. 118. Passed 7-12-74; Ord. 308. Passed 1-26-98.)
672.04 – HUNTING.
(a)
Hunting is hereby allowed within the City limits during the regular hunting season established by, and in compliance with, all rules and regulations established by the State of Michigan, and is not done within 500 feet of any building, structure or roadway.
(b)
Hunting is allowed using fine shot #6 to #9 only, or bow and arrow.
(Ord. 118. Passed 7-12-74; Ord. 308. Passed 1-26-98.)
672.05 – POSSESSING FIREARMS, AIR RIFLES, ETC. IN PUBLIC.
Except as otherwise provided in this chapter, no person shall have any firearm, air rifle or other such dangerous weapon in his possession in any public street, park or place unless the same is licensed as required by law or securely wrapped or encased, or unless lawfully carried under Michigan’s open carry or concealed firearms laws and regulations.
(Ord. 101. Passed 10-27-69; Ord. 434. Passed 2-28-11.)
672.99 – PENALTY.
Whoever violates or fails to comply with any of the provisions of this chapter is responsible for a Municipal civil infraction and shall be subject to the penalties provided in Section 202.99(b) and (c) of the Administration Code.
(Ord. 94-241. Passed 8-22-94.)
CORUNNA,
ARTICLE V. OFFENSES AGAINST PUBLIC SAFETY – Corunna, Michigan – Code of Ordinances
Sec. 50-140. – Discharge of firearms, air guns, pellet guns, bows and arrows.
It shall be unlawful for any person within the city to discharge any firearm, air rifle, air pistol, pellet gun, or bow and arrow in the city, except when lawfully acting in the defense of person or property or the enforcement of law or at a duly established range, the operation of which has been approved by the city council.
(Code 1979, § 9.102(4)
TOWNSHIP OF COTTRELLVILLE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
DEARBORN,
DIVISION 2. AIR GUNS, SLINGSHOTS, BOWS AND ARROWS – Dearborn, Michigan – Code of Ordinances
Sec. 14-291. – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air-gun shall mean any gun, rifle, pistol or device by whatever name known which is designed to expel or shoot a projectile or missile by the action of compressed air or of a spring or elastic, but does not mean any gun or device regulated by the provisions of Act No. 372 of the Public Acts of Michigan of 1927 (MCL 28.421 et seq., MSA 28.91 et seq.), as amended, or Act No. 328 of the Public Acts of Michigan of 1931 (MCL 750.1 et seq., MSA 28.191 et seq.), as amended, or Act No. 10 of the Public Acts of Michigan of 1952 (MCL 752.841 et seq., MSA 28.436(11) et seq.), and does not mean a slingshot.
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY – Dearborn, Michigan – Code of Ordinances *(Same as above)
DIVISION 1. GENERALLY – Dearborn, Michigan – Code of Ordinances
Sec. 14-257. – Imitation guns—Possession.
It shall be unlawful for any person to carry or possess, whether concealed or displayed, in a motor vehicle in an area of the vehicle accessible to the occupants thereof an imitation, replica, facsimile or toy version of any firearm with intent to brandish, use, aim or point such imitation firearm to frighten, panic, threaten, harass or annoy any other person. Carrying or concealment of any such firearm under or near the driver’s seat, glove box or dashboard shall be a prima facie rebuttable inference of such intent.
(Ord. No. 81-29, § 613, 7-21-81; Ord. No. 88-411, 4-5-88)
Sec. 14-258. – Same—Display.
It shall be unlawful for any person to carry, possess, brandish, aim, point or exhibit to any other person a replica or facsimile of a firearm in such manner as to frighten, threaten, harass, panic or annoy any other person. A “replica or facsimile of a firearm” shall mean any device or object which is a replica, facsimile, imitation or toy version of any firearm, including but not limited to toy guns, movie or stage props, air guns, starter pistols, inoperative firearms, models, replicas or any other device designed or used to imitate a firearm.
(Ord. No. 81-29, § 612, 7-21-81; Ord. No. 88-411, 4-5-88; Ord. No. 00-826, 7-5-00)
DEARBORN HEIGHTS,
DIVISION 2. WEAPONS – Dearborn Heights, Michigan – Code of Ordinances
Sec. 20-326. Definition.
The word “firearm” except as otherwise specifically defined in this division, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
(Code 1969, § 9.212)
Cross reference— Definitions and rules of construction generally, § 1-2.
Sec. 20-327. Persons exempt.
Police officers, peace officers and persons in the military service, in pursuit of official duty, and persons duly authorized by federal or state law to carry firearms, are exempt from the provisions of this division.
(Code 1969, § 9.214)
Sec. 20-328. Aiming firearm.
It shall be unlawful for any person within the city to intentionally, without malice, point or aim any firearm at or toward any other person.
(Code 1969, § 9.205)
State law reference— Similar provisions, MCL 750.233.
Sec. 20-329. Aiming and discharging firearm.
It shall be unlawful for any person within the city to discharge without injury to another person any firearm, while intentionally, without malice, aiming at or toward any person.
(Code 1969, § 9.206)
State law reference— Similar provisions, MCL 750.234.
Sec. 20-330. Injury by discharge of firearm.
It shall be unlawful for any person within the city to maim or injure any other person by the discharge of any firearm pointed or aimed unintentionally, without malice, at any such person.
(Code 1969, § 9.207)
State law reference— Similar provisions, MCL 750.235.
Sec. 20-331. Possession or control of firearm while intoxicated.
It shall be unlawful for any person within the city, while under the influence of an alcoholic liquor or any exhilarating or stupefying drug, to carry, having in possession or control, or use in any manner, or discharge any firearm.
(Code 1969, § 9.208)
State law reference— Similar provisions, MCL 750.237.
Sec. 20-332. Hunting within city prohibited.
It shall be unlawful for any person within the city to hunt wild game, or in any manner carry any gun, weapon or firearm within the city for the purpose of hunting any wild game or fowl at any time.
(Code 1969, § 9.209)
State law reference— Game law, MCL 311.1 et seq.
Sec. 20-333. Possession of knives, etc.
It shall be unlawful for any person to have in his possession or control, except within his own domicile, or carry or use in any manner, any knife with a blade in excess of three (3) inches, dagger, dirk, razor, stiletto or any other sharp-edged or pointed instrument or weapon used for inflicting injury upon another, provided however, that such person shall not be in violation of this section if his possession of such knife with a blade in excess of three (3) inches, dagger, dirk, razor, stiletto or any other sharp-edged or pointed instrument is necessary for his employment, trade or occupation, or if he is engaged in or is proceeding to or returning from a place of hunting, trapping or fishing and whenever required, is also carrying a currently valid license issued to him by the state department of conservation, or such person is a duly enrolled member of the Boy Scouts of America or a similar organization or society and such possession is necessary to participate in the activities of such organization or society or if the knife with a blade in excess of three (3) inches, dagger, dirk, razor, stiletto or any other sharp-edged pointed instrument is required under circumstances that tend to establish that it is possession for a lawful purpose.
(Code 1969, § 9.210; Ord. No. H-89-13, § I, 10-10-89)
State law reference— Carry firearms or dangerous weapon, MCL 750.226.
Sec. 20-334. Confiscation of firearms.
All weapons, guns, pistols, firearms, knives, dirks, razors, stilettos, or any other sharp-edged or pointed instruments, or weapons carried, possessed or used contrary to this division are hereby declared forfeited to the city.
(Code 1969, § 9.211)
Sec. 20-335. Transportation and possession.
It shall be unlawful for any person to transport or to have in possession in or upon any vehicle a firearm unless the same be unloaded in both barrel and magazine and carried in the luggage compartment of the vehicle. It shall be unlawful to carry a firearm on any public street or in any public place unless it is unloaded and in a case.
(Code 1969, § 9.213)
State law reference— Carrying concealed weapons without license, MCL 750.227.
Sec. 20-336. Sale or purchase.
It shall be unlawful for any person under eighteen (18) years of age to purchase, carry or transport a firearm on any public street or in any public place. It shall be unlawful for any person to sell a firearm to any person under eighteen (18) years of age.
(Code 1969, § 9.215)
Sec. 20-337. Air rifles; pistols; slingshots
It shall be unlawful for any person, firm or corporation to sell or offer for sale, use, operate or discharge any BB gun, air rifle, toy pistol, slingshot, catapult or any other toy shooting apparatus, gun or implement that might result in damage or destruction of life or property in the limits of the city.
(Code 1969, § 9.216)
State law reference— BB guns, MCL 752.851 et seq.
Secs. 20-338, 20-339. Reserved.
FOOTNOTE(S):
State Law reference— Firearms and weapons, MCL 28.421 et seq.
Charter Township of
DELHI,
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY – Delhi Charter Township, (Ingham Co.), Michigan – Code of Ordinances
Sec. 10-117. – Carrying dangerous weapons.
(a)
It shall be unlawful for any person to carry a dagger, dirk, stiletto, a double-edged non-folding stabbing instrument of any length, or other dangerous weapon on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by such person, except in his or her dwelling house or place of business or on other land possessed by such person.
(b)
A dagger, dirk, stiletto, double-edged non-folding stabbing instrument of any length, metallic knuckles, blackjacks, saps, switchblades and similar articles designed for the purpose of bodily assault or defense shall be dangerous weapons per se.
(c)
Pocket knives with blades of three (3) inches or less, razors, hammers, hatchets, wrenches, cutting tools, ball bats and similar articles generally used for peaceful and proper purposes are dangerous weapons only if used or carried for the purpose of assault or defense, unless such articles have been modified so as to be either no longer useful for their intended purpose or have as their apparent purpose an instrument of bodily assault or defense, in which case they are presumed to be dangerous weapons.
(d)
It shall be unlawful for any person to carry any firearm, air rifle, bow and arrow, slingshot, crossbow or other dangerous weapon in any public place, subject to the following exceptions:
(1)
When it is in a case and is not loaded;
(2)
When a bow or crossbow is unstrung or encased, or when it is being carried under the direct supervision of authorized public recreational personnel; or
(3)
Where and as otherwise permitted by state law.
(Ord. No. 71.1, § 1(3)(m), (v), 5-3-88; Ord. No. 71.2, § 2(22), (23), 7-5-89; Ord. No. 71.3, § 2(22), (23), 12-21-93; Ord. No. 71.5, § 2(22), (23), 5-19-98)
Sec. 10-118. – Discharge, possession of weapons by minors.
No minor shall fire or discharge in any of the platted areas of the township any firearms, which include shotguns, rifles or pistols, B-B or pellet guns, slings or slingshots, bows and arrows, or have such weapons in his possession uncased except that the above weapons, with the exception of firearms may be fired, operated or used under the direct supervision and control of an adult.
(Ord. No. 32, § 2.1, 5-22-67)
Sec. 10-119. – Throwing missiles, objects.
It shall be unlawful for any person to wrongfully throw or propel any snowball, missile or object toward or from any moving vehicle. It shall be unlawful for any person to wrongfully throw or propel any snowball, missile or object toward any person or vehicle.
(Ord. No. 71.2, § 2(30), (31), 7-5-89; Ord. No. 71.3, § 2(30), (31), 12-21-93; Ord. No. 71.5, § 2(30), (31), 5-19-98)
Charter Township of
DELTA, EATON COUNTY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
DETROIT,
DIVISION 2. AIR GUNS – Detroit, Michigan – Code of Ordinances
DIVISION 2. – AIR GUNS
Sec. 38-10-23. – Definitions.
Sec. 38-10-24. – Sales, etc., to minors prohibited.
Sec. 38-10-25. – Possession by minors.
Sec. 38-10-26. – Carrying by minors in public.
Sec. 38-10-27. – Discharge.
Secs. 38-10-28—38-10-38. – Reserved.
Sec. 38-10-23. – Definitions.
For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Air gun shall mean any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but such term does not include a firearm.
Dealer shall mean any person engaged in the business of selling at retail or renting any air gun.
(Code 1964, § 66-2-1)
Cross reference— Definitions and rules of construction generally, § 1-1-2.
Sec. 38-10-24. – Sales, etc., to minors prohibited.
(a)
It shall be unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air gun to any person under the age of eighteen (18) years where the dealer knows or has reasonable cause to believe the person to be under eighteen (18) years of age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under eighteen (18) years of age.
(b)
It shall be unlawful for any person to give, lend or otherwise transfer any air gun to any person under eighteen (18) years of age, except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the person under eighteen (18) years of age.
(Code 1964, § 66-2-2)
Cross reference— Minors generally, Ch. 33.
Sec. 38-10-25. – Possession by minors.
Notwithstanding any inconsistent provisions of this Code or other city ordinance, it shall be lawful for any person under eighteen (18) years of age to have in his possession any air gun if it is:
(1)
Kept within his domicile;
(2)
Used by the person under eighteen (18) years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range, to possess, load and fire at such rifle range under the supervision, guidance and instruction of a responsible adult;
(3)
Used in or on any private grounds or residence under circumstances when such air gun can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence.
(Code 1964, § 66-2-3)
Cross reference— Minors generally, Ch. 33.
Sec. 38-10-26. – Carrying by minors in public.
It shall be unlawful for any person under eighteen (18) years of age to carry any air gun on the streets, alleys, public roads or public lands within the city unless accompanied by an adult; provided, that such person under eighteen (18) years of age may carry such air gun, unloaded, in a suitable case or securely wrapped.
(Code 1964, § 66-2-4)
Cross reference— Minors generally, Ch. 33.
Sec. 38-10-27. – Discharge.
It shall be unlawful for any person to discharge any air gun from or across any street, sidewalk, alley or public land or any public place, except on a properly constructed target range.
(Code 1964, § 66-2-5)
ARTICLE XVI. REPLICA OR FACSIMILE FIREARMS – Detroit, Michigan – Code of Ordinances
Sec. 38-16-1. – Definitions.
(a)
The word “firearm” as used in this article means any weapon from which a dangerous projectile may be propelled by using explosives, gas, or air as a means of propulsion including any shotgun, rifle, pistol, or other device of a similar character.
(b)
The words “replica or facsimile firearms” as used in this article mean any devices or objects made of plastic, wood, metal, or any other material which are replicas, facsimiles, or toy versions of, or are otherwise recognizable as: a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, starter pistol, air gun, inoperative firearm, or other firearm. As used in this article, the words “replica or facsimile firearms” shall include, but are not limited to, toy guns, theatrical production props, hobby models (either in kit form or fully assembled), or any other devices which might reasonably be perceived to be real firearms.
(Ord. No. 10-88, § 1, 4-20-88)
Sec. 38-16-3. – Brandishing.
(a)
It is unlawful for any person to draw, exhibit, or brandish replica or facsimile firearms or simulate the drawing, exhibiting, or brandishing of replica or facsimile firearms, in a rude, threatening, or angry manner with intent to fright, vex, harass, or annoy any other person.
(b)
It is unlawful for any person, with knowledge that a peace officer, fire fighter, emergency medical technician, or paramedic is engaged in the performance of his or her duties, to draw, exhibit, or brandish replica or facsimile firearms in their presence.
(Ord. No. 10-88, § 1, 4-20-88)
Sec. 38-16-4. – Civil forfeiture.
Any replica or facsimile firearms possessed, or sold, or displayed with the intent to sell, or manufactured within the corporate limits of the City of Detroit with intent to sell in violation of this article, or used in a rude, threatening or angry manner, shall be seized and forfeited to the City of Detroit.
Any person who shall be convicted of violating any of the provisions of this article shall be deemed guilty of a misdemeanor and shall be punished by a fine not less than one hundred dollars ($100.00) but not greater than five hundred dollars ($500.00).
(Ord. No. 10-88, § 1, 4-20-88)
DIVISION 1. GENERALLY – Detroit, Michigan – Code of Ordinances
Sec. 38-10-1. – Definitions.
The word “firearm” as used in this article means any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion including any shotgun, rifle, pistol or other device of a similar character.
Sec. 38-10-7. – Discharge of firearms.
No person shall discharge a firearm in the city, except for police officers in the discharge of their duties, persons acting in self-defense and licensed shooting galleries or ranges.
Sec. 38-10-8. – Drawing, handling, etc., of guns in public.
No person, except a peace officer in the discharge of his duty or a citizen in self-defense, shall draw, handle or flourish a revolver, pistol or other gun in any public street, avenue, alley, public park or other public space.
(Code 1964, § 66-1-7)
State law reference— Careless, reckless or negligent use of firearms, MCL 752.861 et seq., MSA 28.436(21) et seq.
Section 1 of Ord. No. 25-86, adopted Nov. 26, 1986, repealed § 38-10-9, which prohibited carrying of pistols by minors under sixteen years of age, as derived from § 66-1-8 of the 1964 Code.
Sec. 38-10-11. – Fine and imprisonment for violation of article.
Upon conviction of a violation of any section of this article where a firearm or pistol is involved, the violator shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and in addition shall be confined in the Wayne County jail or other facility under the sheriff’s jurisdiction for a period of not less than thirty (30) days. A person who violates this article after a first conviction for violation thereof shall be fined as stated above and in addition shall be confined in the Wayne County jail or similar facility for a period of not less than sixty (60) days. After two (2) or more convictions of violating this article, a violator shall be fined as stated above and in addition shall be confined in the Wayne County jail or similar facility for a period of not less than ninety (90) days. If detention facilities are filled, or if a sentencing judge finds from credible evidence that a defendant has no prior juvenile adjudications nor convictions of any kind, has not previously carried a concealed weapon illegally, and enjoys a good reputation in the community, a judge may defer the beginning date of a violator’s required sentence for up to sixty (60) days or may sentence a violator to a government-sponsored mandatory work program for a number of hours equivalent to sixteen (16) multiplied by the number of days of the required sentence; however, the sentence to the work program shall be upon the condition that if the violator fails to comply with the rules of the work program, the sentence to the work program shall be revoked and the violator shall actually serve the required jail sentence.
(Code 1964, § 66-5-1; Ord. No. 25-86, § 1, 11-26-86)
Case law annotation—Upheld as to minimum penalty against state statute (MCL 117.4i(10), MSA 5.2982(10)) providing for punishment in the discretion of the court. Court construed above to mean that court may impose sentences with discretion left to it by city; Detroit v. Judge, Recorder’s Court, 71 Mich. App. 414, 248 N.W. 2d 567 (1976).
Sec. 38-10-18. – Penalties.
Upon conviction of a violation of any section of this article the convicted shall be subject to the fine and imprisonment as specified in section 38-10-11 of this article.
ARTICLE X. WEAPONS – Detroit, Michigan – Code of Ordinances
Sec. 38-10-23. – Definitions.
For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Air gun shall mean any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but such term does not include a firearm.
Dealer shall mean any person engaged in the business of selling at retail or renting any air gun.
(Code 1964, § 66-2-1)
Cross reference— Definitions and rules of construction generally, § 1-1-2.
Sec. 38-10-24. – Sales, etc., to minors prohibited.
(a)
It shall be unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air gun to any person under the age of eighteen (18) years where the dealer knows or has reasonable cause to believe the person to be under eighteen (18) years of age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under eighteen (18) years of age.
(b)
It shall be unlawful for any person to give, lend or otherwise transfer any air gun to any person under eighteen (18) years of age, except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the person under eighteen (18) years of age.
(Code 1964, § 66-2-2)
Cross reference— Minors generally, Ch. 33.
Sec. 38-10-25. – Possession by minors.
Notwithstanding any inconsistent provisions of this Code or other city ordinance, it shall be lawful for any person under eighteen (18) years of age to have in his possession any air gun if it is:
(1)
Kept within his domicile;
(2)
Used by the person under eighteen (18) years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range, to possess, load and fire at such rifle range under the supervision, guidance and instruction of a responsible adult;
(3)
Used in or on any private grounds or residence under circumstances when such air gun can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence.
(Code 1964, § 66-2-3)
Cross reference— Minors generally, Ch. 33.
Sec. 38-10-26. – Carrying by minors in public.
It shall be unlawful for any person under eighteen (18) years of age to carry any air gun on the streets, alleys, public roads or public lands within the city unless accompanied by an adult; provided, that such person under eighteen (18) years of age may carry such air gun, unloaded, in a suitable case or securely wrapped.
(Code 1964, § 66-2-4)
Cross reference— Minors generally, Ch. 33.
Sec. 38-10-27. – Discharge.
It shall be unlawful for any person to discharge any air gun from or across any street, sidewalk, alley or public land or any public place, except on a properly constructed target range.
(Code 1964, § 66-2-5)
Chapter 33 MINORS – Detroit, Michigan – Code of Ordinances
— (1) —
Cross reference— Minors in cabarets, § 5-4-8 et seq.; public dances for minors; special permit required, § 5-5-7; responsibility for safety of minors in dance studios, § 5-6-4; employment of minors in dance studios, § 5-6-5; minimum age of patrons of taxi dance halls, § 5-7-15; minimum age of employees of taxi dance halls, § 5-7-16; responsibility for minors in establishments for coin-operated game devices in arcades, § 5-11-4; operation of coin-operated devices by minors, § 5-11-5; receiving goods from minors by auctioneers prohibited, § 7-1-9; use of cigarettes by minors, § 11-3-1 et seq.; minimum age of employees of food establishments where alcoholic beverages are sold, § 21-3-38; minors on market property, § 31-1-25; sales of air guns to minors, § 38-10-24; possession of air guns by minors, § 38-10-25; carrying of air guns by minors in public, § 38-10-26; sale of darts or knives to minors, § 38-10-41; possession in public of knives and darts by minors, § 38-10-43; minors carrying firearms and sales to minors, § 38-10-60; restrictions on purchase by or sale of model glue to minors, § 38-12-4; records of dealers transacting with minors regarding model glue, § 38-12-5; abetting or encouraging model glue violations by minors, § 38-12-7; occupancy in hotel rooms by minors, § 44-2-7; notification of police department when minors are present in public lodging houses, § 44-3-10; occupancy of rooms in rooming houses by minors, § 44-4-2; acceptance of property from minors by pawnbrokers, § 49-5-11; loitering by minors near junk dealers, § 49-7-9; purchase by junk dealers from minors, § 49-7-10; tattooing of minors, § 53-1-3; purchases of secondhand bicycles from minors, § 55-9-13; operation of bicycles by persons under twelve years of age, § 55-9-14; operation of bicycles by persons twelve to seventeen years of age, § 55-9-15.
Sec. 33-1-1. – Violations of this chapter.
(a)
Persons under seventeen years of age. Any person who is under seventeen (17) years of age and who violates any provision of this chapter shall be guilty of a separate offense for each violation committed, and upon adjudication, shall be punished, for each such offense, by one of or any combination of the following:
(1)
A fine not exceeding five hundred dollars ($500.00);
(2)
Commitment to an authorized private or public agency or institution;
(3)
Placement in foster care;
(4)
The performance of community service;
(5)
Probation in the minor’s own home or in the home of a related adult;
(6)
A warning;
(7)
The payment of court costs; or
(8)
Such other appropriate order of disposition in the discretion of the court.
(b)
Persons seventeen years of age and older. Except as otherwise provided by this chapter, any person who is seventeen (17) years of age or older and who violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished, for each such offense, by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period not exceeding ninety (90) days, or by both such fine and imprisonment in the discretion of the court.
(Ord. No. 28-96, § 1, 10-23-96)
ARTICLE IV. OFFENSES AGAINST PROPERTY – Detroit, Michigan – Code of Ordinances
Weapon means:
(1)
A loaded or unloaded firearm that is thirty (30) inches or less in length, or a loaded or unloaded firearm whose construction and appearance conceals it as a firearm, from which a dangerous projectile may be propelled by an explosive, gas, or air;
DEWITT,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
Charter Township of
DEWITT,
ARTICLE II. PARK REGULATIONS – DeWitt Charter Township, (Clinton Co.), Michigan – Code of Ordinances
Sec. 30-22. – Township operation of parks and regulation of public conduct
(x)
Firearms and other weapons. No person shall at any time discharge any firearm of any description or air rifle, spring gun, bow and arrow, sling or other form of weapon potentially dangerous to wildlife and human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park property from beyond park boundaries is prohibited. This section shall not, however, be construed to apply to any duly appointed law enforcement officer while carrying out the duties and responsibilities of their position, or activities included in township sponsored events.
(y)
Golf prohibited. No person shall hit golf balls into or within any park property unless authorized by the township. The swinging of golf clubs of any kind, without authorization by the township, is also prohibited on park properties.
(Ord. No. 73.1, § IV, 6-27-2005)
Sec. 30-23. – Penalties and remedies for violation.
(a)
Except as to violations of the state vehicle code punishable by up to 93 days imprisonment and, as to persons convicted of civil infractions, persons violating section 30-22(f), protection of property and environment; section 30-22(g), wildlife protection; section 30-22(h), fires; section 30-22(n), unlawful obstruction; section 30-22(o), possession of drugs and alcohol; section (q), hindering or impersonating township employees shall be guilty of a misdemeanor.
(b)
A person violating any of the remaining provisions of this article shall be deemed responsible for a civil infraction and subject to a civil fine of $500.00 for the first offense and $1,000.00 for each subsequent offense.
(c)
In addition to or in lieu of criminal penalties as set forth in this section, any violation of this article shall be deemed a nuisance per se, permitting the township, its officers and agents, or any private citizen, to take such action in any court of competent jurisdiction to cause the abatement of such nuisance, including injunctive relief as may be appropriate.
(Ord. No. 73.1, § V, 6-27-2005)
DEXTER,
DIVISION 2. WEAPONS AND EXPLOSIVES – Dexter, Michigan – Code of Ordinances
Sec. 26-106. – Definitions.
Weapon means any pistol, air pistol, rifle, BB gun, air rifle, shotgun, slingshot, crossbow, bow, firebomb, or bomb, but shall not include antique guns not in operating condition.
(Ord. eff. 12-21-1981, § 1)
Cross reference— Definitions generally, § 1-2.
Sec. 26-107. – Penalty.
Violation of this division is a misdemeanor as provided in section 1-12.
(Ord. eff. 12-21-1981, § 7)
Sec. 26-109. – Discharge of weapons.
No person shall discharge any weapon within the village except in connection with the performance of lawful duties of law enforcement, or the protection of person or property when confronted with deadly force.
(Ord. eff. 12-21-1981, § 3)
DURAND,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41)
EAST JORDAN,
ARTICLE IV. OFFENSES AGAINST PUBLIC SAFETY – East Jordan, Michigan – Code of Ordinances
Sec. 26-79. – Discharge of weapons.
(a)
No firearm or other weapon or instrument used in the propulsion of shot, shell, pellet or bullets by the action of gun powder exploded within it or through power supplied either by compressed air, spring or gaseous materials shall be discharged within the confines and corporate boundary limits of the city, except as hereinafter provided.
(b)
The chief of police is hereby given the power and authority, and it shall be his duty, to adopt a uniform set of rules and regulations governing the use of target ranges within the city and before any target range may be erected, maintained or used within the city it shall be necessary that permission for the same be obtained from the chief of police.
(c)
The chief of police shall have the further power and authority upon application to issue a special permit or give special permission for the use of any firearm, weapon or other instrument contrary to the intent and purpose of this section at any time that he deems it to be in the interest of the public health, welfare or safety.
(Comp. Ords. 1985, §§ 20.041—20.043; Code 1998, § 16-71; Ord. of 1-21-1997(5))
State law reference— Discharge of weapons, MCL 750.234 et seq.
EAST LANSING,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
EAST TAWAS,
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY East Tawas, Michigan Code of Ordinances
Sec. 20-246. Discharge of weapons; hunting restricted.
It shall be unlawful for any person to fire or discharge a pistol, rifle, shotgun, pellet gun, air gun, slingshot or bow and arrow or to pursue or hunt any wild game within the limits of the city, except as provided in sections 20-247 and 20-248.
(Code 1992, § 12-187; Ord. No. 225, § 1, 3-19-1973)
EASTPOINTE,
ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY – Eastpointe, Michigan – Code of Ordinances
Sec. 28-143. – Discharging firearms, air rifle, air pistol or bow and arrow in the city.
It shall be unlawful for any person to discharge any firearm, air rifle, air pistol or bow and arrow in the city, except when lawfully acting in the defense of persons or property or the enforcement of law or at a duly established range, the operation of which has been approved by the council.
(Code 1973, § 9.101; Code 1989, § 664.03(b)(19); Ord. No. 649, 5-8-1984; Ord. No. 672, 6-4-1985; Ord. No. 1022, § 664.03(b)(19), 4-20-2010)
State law reference— Discharge of firearms, MCL 750.234 et seq.
Sec. 28-144. – Carrying or concealing dangerous weapons.
No person shall carry in any public street, highway, alley, park, building or any other place open to the public, or have concealed or otherwise in any vehicle operated or occupied by such person, an air pistol, BB gun, starter gun, blank cartridge gun, blackjack, slingshot, sand club, sap bag, metal or plastic knuckles, karate sticks, nightsticks or any other dangerous or deadly weapon, except as otherwise permitted by law.
(Code 1989, § 690.01; Ord. No. 657, 12-18-1984; Ord. No. 1009, 5-19-2009; Ord. No. 1021, 4-20-2010)
State law reference— Similar provisions, MCL 750.227.
Sec. 28-145. – Hunting.
It shall be unlawful for any person to hunt any game of any description within the city.
(Code 1973, § 9.101; Code 1989, § 664.03(b)(21); Ord. No. 649, 5-8-1984; Ord. No. 672, 6-4-1985; Ord. No. 1022, § 664.03(b)(20), 4-20-2010)
State law reference— Hunting area control, MCL 324.41902.
Sec. 28-146. – Replica or facsimile firearms.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearm means any weapon from which a dangerous projectile may be propelled by using explosives, gas, or air as a means of propulsion, including any shotgun, rifle, pistol, or other device of a similar character.
Replica or facsimile firearms means any devices or objects made of plastic, wood, metal, or any other material which are replicas, facsimiles, or toy versions of, or are otherwise recognizable as: a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, starter pistol, air gun, inoperative firearm, or other firearm. As used in this section, the term “replica or facsimile firearms” shall include, but is not limited to, toy guns, theatrical production props, hobby models, either in kit form or fully assembled, or any other devices which might reasonably be perceived to be real firearms.
(b)
Possession/transportation.
(1)
No person shall carry in any public street, highway, alley, park, building or any other place open to the public, or have concealed or otherwise in any vehicle operated or occupied by such person, a replica or facsimile firearm within the city.
(2)
The provisions of this article shall not apply to replica or facsimile firearms, which because of their distinct color, exaggerated size, permanently affixed international blaze orange markings on the receiver portions of the product, and blaze orange plug recessed no more than six millimeters from the muzzle end of the barrel, cannot reasonably be perceived to be real firearms.
(3)
The possession of a replica or facsimile firearms is permitted solely for lawful use in theatrical productions including motion picture, television, and stage productions.
(c)
Brandishing.
(1)
It is unlawful for any person to draw, exhibit, or brandish replica or facsimile firearms or simulate the drawing, exhibiting, or brandishing of replica or facsimile firearms, in a rude, threatening, or angry manner, which results in frightening, vexing, harassing, or annoying any other person.
(2)
It is unlawful for any person, with knowledge that a peace officer, fire fighter, emergency medical technician, or paramedic is engaged in the performance of his or her duties, to draw, exhibit, possess or brandish a replica or facsimile firearms in their presence.
(d)
Civil forfeiture. Any replica or facsimile firearm possessed in violation of this Code shall be seized and forfeited to the city.
ARTICLE VII. OFFENSES ON SCHOOL PROPERTY – Eastpointe, Michigan – Code of Ordinances
Sec. 28-184. – Weapons.
No person, while in any school building or on land owned and occupied or used by any school, shall use, possess, carry or conceal firearms of any description or any air rifles, spring guns, slings, knives, martial arts weapons or any other form of weapon potentially dangerous to human safety. This section does not apply to police officers acting in their normal course of duty.
State law reference— Firearms and weapons, MCL 750.222 et seq.
EATON RAPIDS,
ARTICLE I. IN GENERAL – Eaton Rapids, Michigan – Code of Ordinances
Sec. 15-9. – Shooting weapons.
It shall be unlawful for any person to shoot an air gun, spring gun, crossbow, bow and arrow, gun shooting BB’s, firearm or other dangerous weapon or instrument in the city.
(Code 1966, § 9.31)
State law reference— Firearms and weapons, M.S.A., § 28-419 et seq.; BB guns, M.S.A., § 28.436(41).
ECORSE,
DIVISION 2. WEAPONS GENERALLY Ecorse, Michigan Code of Ordinances
Sec. 17-111. Definition.
For the purposes of this division, the word “firearms,” except as otherwise specifically defined in this Code, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
Cross reference— Definitions and rules of construction generally, § 1-2.
Sec. 17-112. Exemptions.
Police officers, peace officers and persons in the military service, in pursuit of official duty, and persons duly authorized by federal or state law to carry firearms, are exempt from the provisions of this division.
Sec. 17-113. Sale or purchase of firearms.
Any person who shall own or possess any pistol, weapon or device without the same being registered as required by Section 9 of Act 372 of the Public Acts of the State of Michigan for the year 1927 [MCL 28.422, MSA 28.92], as amended; and also any person who shall purchase or sell a pistol, weapon or device without license as required by Act 372 of the Public Acts of the State of Michigan for 1927, as amended, shall be guilty of a misdemeanor.
(Code 1950, § 3-4.2)
Sec. 17-114. Transportation.
It shall be unlawful for any person to transport or to have in possession in or upon any vehicle, a firearm unless the same be unloaded in both the barrel and magazine and carried in the luggage compartment of the vehicle. It shall be unlawful to carry a firearm on any public street or in any public place unless it is unloaded and in a case.
(Code 1950, § 3-3.3)
State law reference— Carrying concealed weapon without license, MCL 750.227, MSA 28.424.
Sec. 17-115. Minors.
It shall be unlawful for any person under eighteen (18) years of age to purchase, carry or transport a firearm on any public street or in any public place. It shall be unlawful for any person to sell a firearm to any person under eighteen (18) years of age.
Sec. 17-116. Possession, discharge.
It shall be unlawful for any person to discharge any firearm, air rifle or slingshot, nor shall any person have any rifle or slingshot in his or her possession in any street or park, except [if] the same be securely wrapped or encased.
(Code 1950, § 3-3.3; Ord. of 6-21-83)
Sec. 17-117. BB guns; use by minors, prohibition, exception.
No person under eighteen (18) years of age shall use or possess any handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 caliber by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a person over eighteen (18) years of age.
Cross reference— Offenses pertaining to minors, § 17-216 et seq.
State law reference— Similar provisions, MCL 752.891, MSA 28.436(41).
Sec. 17-118. Destroying or injuring property by careless, reckless or negligent use of bow or arrow.
Any person who, because of carelessness, recklessness or negligence, but not willfully or wantonly, shall cause or allow any bow or arrow under his control to be used so as to destroy or injure the property of another, real or personal, shall be guilty of a misdemeanor.
State law reference— Similar provisions, MCL 752.882, MSA 28.436(32).
DIVISION 3. REPLICA AND FACSIMILE FIREARMS Ecorse, Michigan Code of Ordinances
Sec. 17-119. Definitions.-
(a)
The word “firearm” as used in this division means any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion, including any shotgun, rifle, pistol, or other device of similar character.
(b)
The words “replica or facsimile firearms” as used in this division mean any devices or objects made of plastic, wood, metal, or any other material which are replicas, facsimiles, or toy versions of, or are otherwise recognizable as: a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, starter pistol, air-gun, inoperative firearm or other firearm. As used in this division, the words “replica or facsimile firearms” shall include, but are not limited to, toy guns, theatrical productions props, hobby models (either in kit form or fully assembled), or any other devices which might reasonably be perceived to be real firearms.
(Ord. of 5-30-89, § 1)
Sec. 17-120. Possession; sale; advertising; exceptions.
(a)
It is unlawful for any person to possess or transfer replica or facsimile firearms within the corporate limits of the city.
(b)
It is unlawful for any person to display, market for sale, or sell replica or facsimile firearms within the corporate limits of the city.
(c)
It is unlawful for any person to place an advertisement in any newspaper, magazine, handbill, sign, poster, other publication, or other advertising media with knowledge that the purpose of the advertisement, in whole or in part, is to promote within the corporate limits of the city the possession, transfer, or sale of objects designed and manufactured as replica or facsimile firearms.
(d)
The provisions of this section shall not apply to replica or facsimile firearms which, because of their distinct color, exaggerated size or permanently affixed international blaze orange markings on the receiver portions of the product and blaze orange plug recessed no more than six (6) millimeters from the muzzle end of the barrel, cannot reasonably be perceived to be real firearms.
(e)
The possession, manufacture, marketing, distribution, and sale of replica or facsimile firearms are permitted if such devices are possessed, manufactured, marketed, distributed, or sold (1) solely for subsequent transportation in intrastate, interstate, or foreign commerce or (2) solely for lawful use in theatrical productions, including motion picture, television, and stage productions. Such devices shall not be displayed to the general public or sold for other uses within the corporate limits of the city regardless of where manufactured or purchased.
(Ord. of 5-30-89, § 1)
Sec. 17-121. Brandishing.
(a)
It is unlawful for any person to draw, exhibit, or brandish replica or facsimile firearms or simulate the drawing, exhibiting or brandishing of replica or facsimile firearms, in a rude, threatening or angry manner with intent to frighten, vex, harass or annoy any other person.
(b)
It is unlawful for any person with knowledge that a peace officer, firefighter, emergency medical technician or paramedic is engaged in the performance of his or her duties, to draw, exhibit or brandish replica or facsimile firearms in their presence.
(Ord. of 5-30-89, § 1)
Sec. 17-122. Civil forfeiture and penalty.
Any replica or facsimile firearms possessed or sold, or displayed with the intent to sell, or manufactured within the corporate limits of the city with intent to sell in violation of this division, or used in a rude, threatening or angry manner, shall be seized and forfeited to the city.
Any person who shall be convicted of violating any of the provisions of this division shall be deemed guilty of a misdemeanor and shall be punished by a fine not less than one hundred dollars ($100.00) but not greater than five hundred dollars ($500.00).
(Ord. of 5-30-89, § 1)
Sec. 17-123. Severability.
If any section, subsection, clause, phrase or portion of this division is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this division, and such holding shall not affect the validity of the remaining portions of this division.
(Ord. of 5-30-89, § 1)
Secs. 17-124—17-135. Reserved.
Editor’s note— An ordinance adopted May 30, 1990, § 1, amended the Code by adding provisions designated as Art. VI, Div. 2, §§ 17-119—17-123. Said provisions have been re-designated as Div. 3, Replica and Facsimile Firearms at the discretion of the editor. Sections 17-111—17-118 have been designated as Div. 2, Weapons Generally.
ELK RAPIDS,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
ESCANABA,
DIVISION 2. WEAPONS Escanaba, Michigan Code of Ordinances
Sec. 18-226. Discharge—Prohibited; exceptions.
No person shall fire, shoot, set off, or trigger any air gun, spring gun, cross bow or firearm or any dangerous weapon or instrument in the city, except in the lawful defense of his person or property or as otherwise permitted by law.
(Code 1969, § 130.11(A)
FABIUS,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
FARMINGTON,
DIVISION 2. WEAPONS – Farmington, Michigan – Code of Ordinances
Sec. 20-228. – Discharging in city.
It shall be unlawful for any person to discharge any firearm, air rifle, air pistol or bow and arrow in the city, except when lawfully acting in the defense of persons or property or the enforcement of law or at a duly established range, the operation of which has been approved by the council.
(Code 1977, § 9.151(5))
State law reference— Discharge of firearm intentionally but without malice aimed at another, MCL 750.234.
Sec. 20-229. – Discharging air rifles, etc., by minor.
It shall be unlawful for any person under the age of eighteen (18) years to discharge within the city and outside the curtilage of his or her domicile, any air gun, air rifle, air pistol, slingshot, or any other instrument from which a dangerous projectile, including a metal, plastic, or rubber pellet (such as a BB), a stone, or other hard object may be propelled by spring, gas, or air. Any article used in violation of this section shall be confiscated by the director of public safety and disposed of in accordance with law.
(Code 1977, § 9.151(6); Ord. No. C-706-2005, § 1, 5-2-05)
State law reference— Use of BB guns by minors, MCL 752.891.
FARMINGTON HILLS,
DIVISION 2. FIREARMS – Farmington Hills, Michigan – Code of Ordinances
Sec. 18-306. – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved range means a publicly owned gun range or archery range, or a commercial firearm range (e.g., a gun or archery range) approved under section 18-311 on property that is zoned or granted a special land use or variance under chapter 34 of this Code to allow for such a use and for which a site plan has been approved showing the gun or archery range and which has received all other required governmental approvals for the operation of such commercial firearm range.
Approved target means a non-moving artificial target that is designed and used for archery target practice.
Building, structure or edifice means a space within its walls and usually but not necessarily covered with a roof.
Firearm means any weapon or device from which is propelled any missile, projectile, bullet, shot, pellet, arrow, bolt or other mass by means of explosives, compressed air or gas or by means of springs, levers or other mechanical device, including, without limitation, bows, crossbows, and guns.
(Code 1981, § 83.010; Ord. No. C-11-2012, § 1, 9-10-12 )
Cross reference— Definitions and rules of construction generally, § 1-2.
Sec. 18-307. – Discharge of firearms.
No person shall discharge any firearm from which is propelled a projectile by means of explosives, including, without limitation, bows, crossbows, pistols, revolvers, rifles, shot guns or similar weapons, manual or automatic, within the city with the following exceptions:
(1)
Authorized officers of the law are permitted to discharge firearms in the performance of their duties.
(2)
A person shall be permitted to discharge any firearm for the lawful protection of his life and his property.
(3)
A person may discharge any firearm for target practice purposes, in a safe manner upon an approved range.
(4)
A person may discharge a bow or crossbow for target practice, excluding the use of razor style arrow tips, at an approved target that is not located on an approved range, provided that: (i) the person is the owner of the property on which the target practice occurs or has on his person written permission to engage in the target practice from the owner of the property on which the target practice occurs; (ii) the bow or crossbow is not discharged upon or across any public road or highway; and (iii) the target practice is undertaken in a safe manner and in a manner that will not and does not result in arrows, bolts or other projectiles leaving the confines of the property on which the target practice is occurring.
(Code 1981, § 83.020; Ord. No. C-11-2012, § 2, 9-10-12 )
Editor’s note—
Ord. No. C-11-2012, § 2 , adopted Sept. 10, 2012, amended § 18-307 title to read as herein set out. Former § 18-307 pertained discharge of firearms using explosives.
Sec. 18-308. – Reserved.
Editor’s note—
Ord. No. C-10-2012, § 4 , adopted July 23, 2012, repealed § 18-308, which pertained to discharge of other firearms and derived from Code 1981, §§ 83.030 and 86.040.
Sec. 18-309. – Discharge by minors.
It shall be unlawful for any person under the age of eighteen (18) years to use or discharge a firearm unless under the direct supervision and control of and accompanied by a parent, legal guardian or adult authorized by the parent or legal guardian to have direct supervision of the person under the age of eighteen (18) years. It shall be the responsibility of every parent, guardian or other person having the physical custody or charge of any minor under the age of eighteen (18) years to control the minor and prevent him or her from violating or attempting to violate any provisions of this division.
(Code 1981, § 83.050; Ord. No. C-6-2009, § 1, 7-27-09 )
Cross reference— Offenses concerning under-aged persons, § 18-336 et seq.
State law reference— Similar provisions, MCL 752.891.
Sec. 18-310. – Sale of BB guns, ammunition to minor.
It shall be unlawful for any person to sell to a minor any gun designed and manufactured for propelling BB’s not exceeding .177 caliber by means of gas, air or spring, or to sell to a minor BB’s designed to be used by such BB guns.
(Code 1981, § 80.850)
Cross reference— Offenses concerning under-aged persons, § 18-336 et seq.
Sec. 18-311. – Practice ranges.
After investigation and report by the police department of the city, the council may approve firearms practice ranges, provided the range so approved shall be so constructed as to prevent the escape of projectiles from the specified type of firearms exceeding the physical limits of the approved range. Plans and specifications of the proposed range, together with the types of firearms to be used thereon, shall be submitted to the police department for investigation, report and recommendation. The police department shall make its report and recommend either approval or disapproval of the proposed range or may recommend approval subject to conditions. Upon receipt of such report, the city clerk shall place the matter upon the agenda of the council for action. The council may restrict the hours during which firing shall be done upon any approved range. All shooting on any approved range shall be supervised by at least one (1) adult who shall be thoroughly familiar with the operation of the firearm being used. No firing shall be done except at targets placed in accordance with the plans and specifications approved by the city.
(Code 1981, § 80.060)
Sec. 18-312. – Intentionally aiming firearm without malice.
It shall be unlawful for any person to intentionally, without malice, point or aim any firearm at or toward any other person.
(Code 1981, § 80.260)
State law reference— Similar provisions, MCL 750.233.
Sec. 18-313. – Reckless endangerment.
It shall be unlawful for any person to recklessly engage in conduct which places or may place another person in danger of death or serious bodily injury. Recklessness and danger shall be presumed where a person knowingly points a firearm at or in the direction of another, whether or not either person believes the firearm to be loaded.
(Code 1981, § 80.275)
Sec. 18-314. – Unlawful possession under influence of alcoholic liquor or controlled substances.
It shall be unlawful for any person under the influence of alcoholic liquor or any exhilarating or stupefying substances to use in any manner or discharge any firearm within the city.
(Code 1981, § 80.265; Ord. No. C-6-2009, § 2, 7-27-09 )
Cross reference— Alcoholic liquor generally, Ch. 4.
State law reference— Similar provisions, MCL 750.237.
Sec. 18-315. – Reckless use.
It shall be unlawful for any person to recklessly or heedlessly or willfully or wantonly use, carry, handle or discharge any firearm without due caution and circumspection for the rights, safety or property of others.
(Code 1981, § 80.270)
State law reference— Similar provisions, MCL 752.a863.
Sec. 18-316. – Damaging property by negligence.
It shall be unlawful for any person to, because of carelessness, recklessness or negligence, but not willfully or wantonly, cause or allow any firearm under his or her control to be discharged so as to destroy or injure the real or personal property of another.
(Code 1981, § 80.580)
Cross reference— Destruction of property generally, § 18-106 et seq.
State law reference— Similar provisions, MCL 752.862.
ARTICLE III. RULES AND REGULATIONS – Farmington Hills, Michigan – Code of Ordinances
Sec. 19-65. – Firearms and fireworks.
No person shall bring into or have in his or her possession in any park or recreation area:
(1)
Any BB gun, pellet gun, paint gun, air gun, spring gun, slingshot, bow or other similar type of weapon;
(2)
Any fireworks as defined in the Michigan Fireworks Safety Act, Act 256 of 2011, Section 28.452, as amended.
(Ord. No. C-4-88, § 1(12.190), 1-11-88; Ord. No. C-6-2009, § 3, 7-27-09 ; Ord. No. C-10-2012, § 2, 7-23-12 )
Cross reference— Fire prevention and protection generally, Ch. 12; fireworks generally, § 18-288; firearms generally, § 18-306 et seq.
State law reference— Fireworks, MCL 750.243 et seq.; firearms and weapons, MCL 28.421 et seq., 750.222 et seq
FENTON,
DIVISION 2. WEAPONS – Fenton, Michigan – Code of Ordinances
Sec. 20-91. – Hunting with firearms prohibited.
(a)
It shall be unlawful for any person, other than a duly authorized law enforcement official in the discharge of his official duties, to use, fire or discharge any rifle, shotgun, handgun, revolver, pistol or other firearm, within the city, except as hereinafter set forth.
(b)
For the purpose of this section, the word “firearm” shall be construed to include any weapon, or device, from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion, except any smooth bore rifle or handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 caliber by means of spring, gas or air.
(c)
Hunting wild game animals and birds is unlawful in the city, except that a landowner may use a pellet gun on his own property for pest control with respect to rats, coyote, opossum, porcupine, weasel, red squirrel and skunk.
(d)
Bow and arrow target shooting is lawful in the city, provided it is carried out on one’s own private property in a manner so as to avoid the possibility of injury to persons or property, where safety is insured.
(e)
No person shall use or possess any gun designed and manufactured exclusively for propelling BB’s not exceeding .177 caliber by means of spring, gas or air, outside the curtilage of his domicile, except for transporting in an unloaded, encased condition.
(Ord. No. 478, 4-11-88)
Editor’s note—
Ordinance No. 478, adopted April 11, 1988, repealed former § 20-91 and enacted a new § 20-91 in lieu thereof to read as set out herein. Formerly, § 20-91 pertained to similar subject matter and derived from Code 1967, § 7-112.
State law reference— Wildlife conservation, MCL 324.40101 et seq., MSA 13A.40101 et seq.
FERNDALE,
ARTICLE VI. RESERVED – Ferndale, Michigan – Code of Ordinances
Sec. 12-136. – Possession or concealment of weapons.
(a)
Authorization. This section is enacted pursuant to the city’s general police power, authority granted to cities by Article 7, § 22 of the Michigan Constitution; the Home Rule Cities Act, MCL 117.1 et seq., as amended; and Chapter II, § 2(4) of the Ferndale Charter to make and enforce ordinances and resolutions for the care, protection, control and management of buildings owned by and/or controlled by the city located within the city corporate limits.
(b)
Purpose. The purpose of this section is to promote the public health, safety and general welfare of the citizens of the city while at certain buildings belonging to the city. The issue of safety at city public buildings is important not only to the employees of the city but also to all those who have business or personal reasons to visit city buildings.
(c)
Definitions. When used in this section, the following words, terms and phrases, and their derivations shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Concealment means to intentionally hide, put out of sight, disguise, or do any other act to keep a weapon out of sight and to avoid its being discovered or observed.
Possession means carrying or having control over a weapon with knowledge of its presence.
Weapon means and shall include a loaded or unloaded firearm that is 30 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm from which a dangerous projectile may be propelled by an explosive, or by gas or air. Weapon shall also include a dagger, dirk, razor, stiletto or knife having a blade over three inches in length.
(d)
Possession or concealment of weapon prohibited.
(1)
Except as otherwise provided in subsections (2) and (3), possession or concealment of a weapon shall be prohibited in all buildings owned and/or controlled by the city and located in the city including: city hall, police station, fire stations, DPW administrative office, animal shelter building, library, Gerry Kulick Community Center, summer youth recreation building while under city control and DPW water building.
(2)
Notwithstanding any other provision of this section, any state, federal or local law enforcement officer, city auxiliary police officer and retired police officer may possess or conceal a weapon while at the public buildings owned and/or controlled by the city which are identified in section (d)(1).
(3)
Notwithstanding any other provision of this section, a person may, while complying with any gun registration requirements, while participating in a city gun buy-back program or turning in a weapon to the city for disposal or destruction, possess an unloaded weapon at the particular public building in connection with such activity.
(e)
Signs. The city shall post and maintain signs at all public entrances to the public buildings owned and/or controlled by the city which are identified in section (d)(1) notifying the public that possession or concealment of weapons in those public places is prohibited. The sign shall have lettering that is distinct, contrasting to the background and easily read, letters shall have a minimum height of ¾-inch and shall be posted in English and such other language(s) as the city clerk shall deem appropriate.
(f)
Violations and penalties. Any person who possesses or conceals a weapon in public buildings owned and/or controlled by the city which is identified in section (d)(1) shall be responsible for a misdemeanor punishable by a fine of not more than $500.00 and/or 90 days in jail, or both.
(Ord. No. 945, Pt. I, 11-12-01)
FLAT ROCK,
DIVISION 3. WEAPONS – Flat Rock, Michigan – Code of Ordinances
Sec. 58-231. – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air gun means any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but does not mean a firearm.
Crime means one of the following offenses in connection with which the forfeiture of property is sought:
(i)
A violation of section 58-234 pertaining to the transportation or discharge of an air gun;
(ii)
A violation of section 58-235 pertaining to the discharge of a slingshot;
(iii)
A violation of section 58-236 pertaining to the unlawful use, draw or shooting of any bow and/or arrows or to have in possession or transport of an archery bow in strung condition;
(iv)
A violation of section 58-238 pertaining to the unlawful use, carrying or possession of a firearm;
(v)
A violation of section 58-239 pertaining to the shooting or hunting of wildlife within the corporate area of the city;
(vi)
A violation of section 58-240 pertaining to the discharge of any firearm, air rifle, air pistol or bow and arrow in the city.
Dealer means any person engaged in the business of selling at retail or renting any air gun.
Hunt and hunting means the pursuing, capturing, shooting, killing or taking of wildlife, and includes attempting to take wildlife.
Instrumentality of a crime means any property, other than real property, the use of which contributes directly and materially to the commission of a crime.
(Code 1979, § 9.141; Ord. No. 231A, 239A, 241, § I, 12-2-02)
Cross reference— Definitions and rules of construction generally, § 1-2.
Sec. 58-232. – Transfer to minors.
(a)
It shall be unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air gun to any person under the age of 18 years where the dealer knows or has failed to make reasonable inquiry relative to the age of such person and such person is under 18 years of age.
(b)
It shall be unlawful for any person to give, lend or otherwise transfer any air gun to any person under 18 years of age, except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the person under 18 years of age.
(Code 1979, § 9.142)
Sec. 58-233. – Lawful possession, use.
Notwithstanding any inconsistent provision of this division, it shall be lawful for any person under 18 years of age to have in his possession an air gun if the air gun is:
(1)
Kept within his domicile.
(2)
Used by the person under 18 years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range, to possess, load and fire at such rifle range under the supervision, guidance and instruction of a responsible adult.
(3)
Used in or on any private grounds or residence under circumstances when such air gun can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence.
(Code 1979, § 9.143)
Sec. 58-234. – Transporting; discharge.
(a)
It shall be unlawful for any person 18 years of age to carry any air gun on the streets, alleys, public roads, or public lands within the city, unless accompanied by an adult; provided, however, that the person under 18 years of age may carry such air gun, unloaded, in a suitable case or securely wrapped.
(b)
It shall be unlawful for any person to discharge any air gun from across any street, sidewalk, alley, or public land, or any public place, except on a properly constructed target range.
(Code 1979, § 9.144)
Sec. 58-235. – Slingshots, other dangerous weapons.
It shall be unlawful for any person to discharge a slingshot or other dangerous weapon within the limits of the city without first obtaining a special permit from the city council. It shall be unlawful for the parent or guardian having charge or custody of any minor child to knowingly permit such minor to use a slingshot or dangerous weapon within the city.
(Code 1979, § 9.151)
Sec. 58-238. – Possession of weapons.
It shall be unlawful for any person to use, carry or possess firearms of any description, air guns, spring guns, bow and arrows, slings or any other form of weapon potentially inimical to wildlife and also dangerous to human safety or any instrument that can be loaded with and fire blank cartridges.
(Code 1979, § 9.157)
Sec. 58-240. – Discharge prohibited; exception.
No person shall discharge any firearm, air rifle, air pistol or bow and arrow in the city, except when lawfully acting in the defense of persons or property or the enforcement of law or as authorized under this article.
(Code 1979, § 9.122(4)
CHARTER TOWNSHIP OF FLINT
GENESEE COUNTY,
ARTICLE 2. PARK REGULATIONS Flint Charter Township, (Genesee Co.), Michigan Code of Ordinances
Sec. 10.2-10. Firearms.
No person, other than a sworn law enforcement office while carrying out an official duty, shall at any time bring into or upon the park, nor have in his possession, nor discharge, or set off anywhere in a park, a revolver, pistol, shotgun, rifle, air rifle, air gun, water gun or any gun, rifle firearm or bow or other weapon that discharges projectiles either by air, explosive substance or any other force.
(Ord. No. IV, § 4.1-10, 7-24-2006)
State law reference— Firearms and weapons, MCL 750.222 et seq.
ARTICLE 13. WEAPONS OFFENSES Flint Charter Township, (Genesee Co.), Michigan Code of Ordinances
Sec. 6.13-5. Use of gun by minor.
No person under 18 years of age shall use or possess any handgun designed and manufactured exclusively for propelling BBs not exceeding .177 caliber by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a person over 18 years of age.
(Ord. No. VI, § 6.13-5, 2-21-2006)
State law reference— Similar provisions, MCL 752.891.
FLUSHING,
ARTICLE III. PENAL CODE – Flushing Charter Township, (Genesee Co.), Michigan – Code of Ordinances
Sec. 13-55. – BB gun; possession by minor.
No person under eighteen (18) years of age shall use or possess any gun designed and manufactured exclusively for propelling BB’s not exceeding 1.77 caliber, by means of spring, gas or air, outside of the property line by a person over eighteen (18) years of age.
Any person who violates the provision of this section shall be guilty of a misdemeanor.
(Ord. No. 56, § 5, 12-13-90; Ord. No. 56(2002), § 5, 1-23-02)
FORT GRATIOT,
Sec. 24-4. – Activities by persons in parks—Permitted and prohibited.
(a)
Protection of property. No person in any park shall:
(5)
Firearms. At any time, bring into or upon any park, nor have in his or her possession, nor discharge, or set off anywhere upon said properties, a revolver, pistol, shotgun, rifle, air gun, or any gun, rifle, firearm or bow or other weapon that discharges projectiles either by air, explosive substance or any other force, provided, however, that this section shall not apply to any deputy sheriff, police officer, peace officer or other duly appointed law enforcement officer while carrying out the duties and responsibilities of his/her position.
FOWLERVILLE,
DIVISION 2. WEAPONS Fowlerville, Michigan Code of Ordinances
Sec. 54-161. Use of weapons in village.
(a)
Generally. It shall be a violation for any person to recklessly or heedlessly or willfully or wantonly draw, handle, flourish, discharge, or fire any revolver, pistol, air-gun, bow and arrow, cross bow, slingshot, or any weapon designed to discharge any shot, pellet or missile likely to do bodily injury in any public street, alley, park, or congested public or private place within the village which might endanger the safety or welfare of others, except as provided in this division. This section shall not apply to citizens acting in self-defense, nor to peace officers or members of any duly authorized military organization, when acting in the discharge of their duties. This section shall not apply to the firing of blank ammunition from a firearm by any authorized military veterans organization while performing in a drill or ceremony, or a member of a historical society or organization while performing in a drill, ceremony or demonstration, or an actor while performing in a theatrical performance, or an official at an organized sporting event for the purpose of designating the start or finish of an event. This section shall not prohibit the council from granting permission for the maintenance of shooting galleries or target ranges under suitable regulations for the protection of and safety of its citizens and inhabitants.
(b)
Discharging of an air gun, etc. The discharging of an air gun, BB gun, pellet gun, paintball gun, bow and arrow, or slingshot in the open will not be a violation if each of the following conditions is met.
(1)
The activity is done by an adult or under adult supervision.
(2)
The activity is done on private property. If the owner or other adult having control of the property is not present, those engaged in the activity must have written permission of the owner or the person having control of the property.
(3)
The activity is done in a manner that does not allow any projectile to enter onto any other parcel of property.
(4)
The activity is done with appropriate safety precautions to prevent injury to any person or property damage.
(c)
Responsibility of parents and guardian. It shall be the duty of every parent, guardian, or other person having the custody or charge of any minor under the age of 16 years to control such minor. It shall be a violation for any such parent, guardian, or other person having the custody or charge of any minor under the age of 16 years to permit such minor to violate this section.
(Ord. No. 417, § 1, 2-14-2011)
Sec. 54-162. Hunting within village.
It shall be a violation for any person to hunt wild game within the village or in any manner carry any gun, weapon, or firearm within the village for the purpose of hunting any wild game or fowl at any time.
(Ord. No. 417, § 1, 2-14-2011)
Sec. 54-163. Air guns, BB gun[s], pellet guns, bow and arrows, or slingshots; minors use or possession.
(a)
Use or possession by minors. It shall be unlawful for any minor under the age of 16 years to use or have in his possession in any public place of the village, unless accompanied by his parent or guardian or other authorized person, an air gun, BB gun, pellet gun, bow and arrow, or slingshot. Any police officer shall have the authority and it shall be his duty to confiscate such air gun, BB gun, pellet gun, bow and arrow, or slingshot found in the possession of any minor under the age of 16 years not accompanied by a parent or guardian or other authorized person.
(b)
Duty of parents and guardians. It shall be unlawful for the parents or guardian of any such minor in his charge or custody to knowingly permit any such minor to use or have in his possession, when not properly accompanied, an air gun, pellet gun, bow and arrow, or slingshot.
(Ord. No. 417, § 1, 2-14-2011)
Sec. 54-164. Destruction of property.
It shall be a violation for any person to injure or damage any electric light or equipment or any livestock, animal or poultry of another or any real or personal property of any person with a revolver, pistol, gun, or other firearm or with a slingshot, air gun, BB gun, bow and arrow, or with any other weapon, device, or means to destroy. This subsection shall not apply to any law enforcement officer acting in the discharge of his or her duty.
(Ord. No. 417, § 1, 2-14-2011)
Sec. 54-165. Sale of weapons to minors.
It shall a violation for any person to sell or offer for sale any air-gun or other like weapon to any minor who is under the age of 16 years.
(Ord. No. 417, § 1, 2-14-2011)
FRASER,
DIVISION 2. WEAPONS – Fraser, Michigan – Code of Ordinances
Sec. 16-139. – BB guns; use by minors, prohibition, exception.
No person under eighteen (18) years of age shall use or possess any handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 caliber by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a person over eighteen (18) years of age.
State law reference— Similar provisions, MCL 752.891, MSA 28.436(41).
Sec. 16-140. – Discharge of air rifles.
(a)
No person shall discharge or shoot an air rifle upon the streets or public places of the city.
(b)
No person shall discharge an air rifle any place in the city, at such time and place so as to endanger any other person within the city.
(Vill. Ord. No. 9, §§ 1, 2, 10-8-45)
State law reference— Use of BB guns by minors, MCL 752.891, MSA 28.436(41).
ARTICLE V. HUNTING AND TRAPPING – Fraser, Michigan – Code of Ordinances
Sec. 5-71. – Prohibitions.
In the interest of public health and safety and the general welfare of the citizens of the city, it shall be unlawful for any person, unless exempted by section 5-72:
(a)
To hunt or pursue any animal or wildlife at any time within the limits of the city by means of a firearm, either handgun or rifle, or by any weapon or explosive device, including air rifles, spring guns, bow and arrow, slingshot, or by any other instrument potentially dangerous to human safety.
(b)
To trap or snare any animal or wildlife at any time within the limits of the city by means of a steel leg trap, wire snare, pit, net, baited hook, weighted log, wire cage, or any other kind of trapping device.
(c)
To use poison or a chemical by itself or in bait or feed to attract and kill wildlife.
ARTICLE III. RULES AND REGULATIONS – Fraser, Michigan – Code of Ordinances (Ord. No. 304, § 1, 12-14-2000)
Sec. 18-39. – Recreational activities.
No person in a park shall:
(1)
Hunting and firearms. Hunt, trap or pursue wild life at any time. No person shall use, carry or possess firearms of any description or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially inimical to wild life and dangerous to human safety, or an instrument that can be loaded with and fire blank cartridges or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
(2)
Picnic areas and use:
a.
Regulated. Picnic or lunch in a place other than designated for that purpose. Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
b.
Availability. Violate the regulation that use of the individual fireplaces together with tables and benches follows generally the rule of “first come, first served.”
c.
Nonexclusive. Use of any portion of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded.
d.
Duty of picnicker. Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal.
(3)
Games. Take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes except in areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball and quoits is prohibited except on the fields and courts or areas provided therefor. Roller skating shall be confined to those areas specifically designated for such pastime.
(Ord. No. 139, § 5, 3-25-76)
GAINES, KENT COUNTY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
GIBRALTAR,
DIVISION 2. WEAPONS – Gibraltar, Michigan – Code of Ordinances
Sec. 22-165. – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm.
(1)
The term “firearm” means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air.
(2)
The term “firearm” does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BBs not exceeding 0.177 caliber.
Pistol means a loaded or unloaded firearm that is 30 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm.
(Code 1977, § 15-184; Ord. No. 284, 11-26-2001)
Sec. 22-172. – Aiming and discharging firearm.
It shall be unlawful for any person in the city to discharge without injury to another person any firearm, while intentionally, without malice, aiming at or toward any person.
(Code 1977, § 15-190; Ord. No. 284, 11-26-2001)
State law reference— Similar provisions, MCL 750.234.
(c)
Sec. 22-174. – Hunting and weapon control.
(a)
It shall be unlawful for any person to hunt or pursue any birds, animals or waterfowl within the corporate limits of the city except for the following:
It shall be unlawful for any person to discharge any rifle, revolver, shotgun, pistol or any other firearm, air gun, sling shot, bow and arrows, or missile propelling implement within the city, except as provided in subsection (a) of this section; and it shall likewise be unlawful for any person to carry, draw, handle or flourish any uncased or non-broken-down rifle, revolver, pistol, shotgun, any other firearm, air gun, sling shot, bow and arrows or missile propelling implement in any public street, alley, park, or other public place within the corporate limits of the city except as provided in subsection (a) of this section and except that private or public shooting galleries or ranges shall be allowed upon receiving permission from the council after a showing that satisfactory safety regulations and practices are being followed. Provided, however, that the foregoing shall not apply to any peace officer, sheriff, deputy sheriff, constable, policeman, or any duly appointed assistant of such officers, in the discharge of his duties, or any members of any authorized military organization when acting in the proper discharge of their duties, nor to any person properly licensed under the laws of the state, or any other state, to carry a weapon upon his person, when such weapon shall be employed for the purpose for which the license was granted, subject to the limitations of subsection (a) of this section.
GLADSTONE,
ARTICLE VII. OFFENSES INVOLVING UNDERAGE PERSONS Gladstone, Michigan Code of Ordinances
Sec. 34-211. Duty of public safety officer.
It shall be the duty of, and it shall be lawful for, any public safety officer to take away from any child under the age of 18 years any air gun, slingshot, shotgun or rifle which has been possessed or used contrary to the provisions of this article.
GRAND BLANC,
Chapter 12 CRIMINAL CODE – Grand Blanc Charter Township, (Genesee Co.), Michigan – Code of Ordinances
Sec. 12-7. – Possession or use of BB handgun by person under 18 years of age.
(a)
No person under 18 years of age shall use or possess any handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 caliber by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a person over 18 years of age.
(b)
No person shall recklessly, needlessly, willfully or wantonly use, carry, handle, point or discharge any BB gun or air gun in the direction of another person, any real or personal property, domestic animal or pet.
(Ord. No. 08-03, § 7, 4-10-2008)
State law reference— Similar provisions, MCL 752.891.
GRAND HAVEN,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
GRAND RAPIDS,
Chapter 153 FIREARMS Grand Rapids, Michigan Code of Ordinances
Sec. 9.171. Firearm Defined.
For the purpose of this Chapter the word “firearm” shall mean any weapon or device from which is propelled any missile, projectile, bullet, shot, pellet or other mass by means of explosives, compressed air or gas or by means of springs, levers or other mechanical device which weapon or device shall be capable by the discharge of any such propelled missile, projectile, bullet, shot, pellet or other mass of inflicting personal injury or death upon any person.
(Ord. No. 67-11, 4-25-67)
Sec. 9.172. Discharging or Flourishing.
No person shall discharge any firearm in the City of Grand Rapids, and no person shall draw, handle or flourish any firearm in any public street, alley or other place open to the public in the City of Grand Rapids.
(Ord. No. 67-11, 4-25-67)
Sec. 9.173. Carrying.
No person shall carry any firearm upon his or her person in any public street, alley or other place open to the public in the City of Grand Rapids unless:
(1)
The person has been issued a valid license to do so as provided by Act 372 of Michigan Public Acts of 1927, as amended (MCL 28.421 et seq.), or
(2)
All ammunition has been removed from the chamber, cylinder, clip or magazine of the firearm and the firearm has been noticeably rendered inoperable by being broken down or disassembled or is completely enclosed within a case or other similar container.
(Ord. No. 67-11, 4-25-67)
Sec. 9.174. Carrying for Purposes of Repair or Merchandising.
No person shall carry any firearm upon his or her person in any building or other structure open to the public unless:
(1)
The person has been issued a valid license to do so as provided by Act 372 of the Michigan Public Acts of 1927, as amended (MCL 28.421 et seq.), or
(2)
The firearm is being shown or otherwise handled in the regular course of merchandising, or is being carried from the building immediately after purchase of said firearm within the building, or the firearm is carried into the building for repair of said firearm.
(Ord. No. 67-11, 4-25-67)
Sec. 9.175. Exceptions.
The prohibitions in Sections 9.172, 9.173 and 9.174 hereof do not apply:
(1)
To persons acting in the lawful defense of person, property or family.
(2)
To police officers or other officers of the law in the lawful discharge of their duty.
(3)
To authorized military parades by permission of the Director of Public Safety.
(4)
To indoor enclosed firearm ranges so constructed as to prevent damage to property or injury or death to any person where such firearm ranges are otherwise lawful; provided, however, that the discharge of a bow and arrow is permitted upon unenclosed ranges where such ranges are constructed so as to prevent damage to property or injury or death to any person.
(5)
Reserved.
(Ord. No. 67-11, 4-25-67; Ord. No. 2006-15, § 1, 4-11-06)
Sec. 9.176. Reserved.
Editor’s note—
Ord. No. 2006-15, § 2, adopted April 11, 2006, repealed § 9.176 in its entirety. Formerly, said section pertained to shooting birds or animals as enacted by Ord. No. 67-11, adopted April 25, 1967; as amended.
Sec. 9.177. Reserved.
Editor’s note—
Ord. No. 2006-15, § 2, adopted April 11, 2006, repealed § 9.177 in its entirety. Formerly, said section pertained to type of gun and shot as enacted by Ord. No. 67-11, adopted April 25, 1967; as amended.
Sec. 9.178. Reserved.
Editor’s note—
Ord. No. 2006-15, § 2, adopted April 11, 2006, repealed § 9.178 in its entirety. Formerly, said section pertained to license fee and qualifications as enacted by Ord. No. 67-11, adopted April 25, 1967; as amended.
ARTICLE 1. IN GENERAL Grand Rapids, Michigan Code of Ordinances
Sec. 9.136. Miscellaneous Offenses.
No person shall:
(1)
Engage in peeping in the windows of any inhabited place.
(2)
Make an indecent exposure of his or her person.
(3)
Engage in fortune telling or pretend to tell fortunes for hire, gain or reward.
(4)
Knowingly engage in or advertise any business which offers as its principal activity the providing of nude models for artists or photographers.
(5)
Fire or shoot any air gun, spring gun, bow and arrow, slingshot or other dangerous weapon or instrument in any street, avenue, alley, public place or in any place in such a manner as to endanger or be likely to endanger any person or property.
(6)
Loiter in any public building or in any other building or premises owned by another person after having been requested to leave by the lawful owner or occupant or a representative of the owner or occupant.
(Ord. No. 76-14, 3-2-76; Ord. No. 78-21, 4-11-78)
GRANDVILLE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
GREEN OAK CHARTER TOWNSHIP,
ARTICLE III. TOWNSHIP PARK RULES AND REGULATIONS – Green Oak Charter Township, (Livingston Co.), Michigan – Code of Ordinances
(Ord. No. 110, § 5, 7-21-2004)
Sec. 26-85. – Dangerous or obnoxious materials or equipment.
(a)
No person shall deposit or abandon in or on any township parklands any garbage, sewage, bottles, refuse, trash, waste or other obnoxious materials, except in receptacles provided for such purposes.
(b)
No person shall have, possess or control any glass bottle or container in or on park playfield areas.
(c)
No person shall possess or control any rifle, shotgun, pistol or other firearm, slingshot, bow, arrow, crossbow, pellet gun, air rifle, noxious gas ejecting device, fireworks, explosive or other dangerous device or material within any township park, provided that a law enforcement officer duly appointed by the United States, the state or a political subdivision thereof may carry a firearm as required for the performance of official duties, and may have such possession of other dangerous devices and materials referred to in this section as is necessary.
(Ord. No. 110, § 6, 7-21-2004)
GREENVILLE,
DIVISION 2. WEAPONS – Greenville, Michigan – Code of Ordinances
Sec. 26-114. – Discharge of weapons.
No person or persons, except those authorized by the law of this state so to do, shall discharge or cause to be discharged any gun, rifle, firearms, air gun, spring gun, slingshot, pistol, or other dangerous weapon or instrument within the limits of the city; provided, shooting ranges approved by the chief of police may be maintained.
(Prior Code, § 20.091; Ord. No. 23, § 1, 2-15-1939)
GROSSE POINTE,
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY – Grosse Pointe, Michigan – Code of Ordinances
Sec. 46-181. – Discharging weapon.
No person shall discharge any firearm, air rifle, air pistol or bow and arrow in the city, except when lawfully acting in the defense of persons or property or the enforcement of law or at a duly established range, the operation of which has been approved by the city council.
(Code 1980, § 9.62(4)
GROSSE POINTE SHORES,
DIVISION 3. WEAPONS – Grosse Pointe Shores, Michigan – Code of Ordinances
Sec. 20-401. – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm means any pistol, revolver, rifle, air rifle, slingshot, bow and arrow or other dangerous device capable of propelling a projectile.
(Ord. No. 138, § XXXVIII, ¶ 1, 12-17-1974; Code 1992, § 10-251)
Cross reference— Definitions generally, § 1-2.
Sec. 20-402. – Discharging firearms.
It shall be unlawful for any person to discharge any firearm within the corporate limits of the village, except when acting in defense of a person or property, the enforcement of law or at a derby or contest at an established range, the operation of which has been approved by the village council.
(Ord. No. 138, § XXXVIII, ¶ 4, 12-17-1974; Code 1992, § 10-252)
Sec. 20-403. – Aiming and pointing firearms.
It shall be unlawful for any person, except a law enforcement officer or a citizen acting in self-defense, to intentionally point or aim any firearm at or toward any other person, whether or not such weapon is loaded or armed.
(Ord. No. 138, § XXXVIII, ¶ 1, 12-17-1974; Code 1992, § 10-253)
State law reference— Similar provisions, MCL 750.233.
Sec. 20-404. – Maiming and injuring by firearms.
It shall be unlawful for any person to maim or injure any other person through the discharge of any firearm pointed or aimed intentionally at any such person.
(Ord. No. 138, § XXXVIII, ¶ 6, 12-17-1974; Code 1992, § 10-254)
State law reference— Similar provisions, MCL 750.235.
Sec. 20-405. – Reckless, careless and negligent use of firearms.
Any person who, because of carelessness, recklessness or negligence, but not willfully or wantonly, shall cause or allow any firearm under his immediate control to be discharged so as to kill or injure another person shall be guilty of a misdemeanor.
(Code 1992, § 10-255)
State law reference— Similar provisions, MCL 752.861.
Sec. 20-406. – Carrying with unlawful intent.
It shall be unlawful for any person to go armed with a firearm or weapon with the intent to use such firearm or weapon unlawfully against another person.
(Ord. No. 138, § XXXVIII, ¶ 2, 12-17-1974; Code 1992, § 10-256)
State law reference— Similar provisions, MCL 750.226.
Sec. 20-407. – Dangerous and concealed.
It shall be unlawful for any person who is not a law enforcement officer to carry on his person or in a concealed manner any pistol, knife, slingshot, knuckles or any other weapon considered to be deadly unless authorized by a permit issued by the state or a political subdivision thereof.
(Ord. No. 138, § XXXVIII, ¶ 3, 12-17-1974; Code 1992, § 10-257)
State law reference— Similar provisions, MCL 750.227.
Sec. 20-408. – Transporting firearms.
(a)
It shall be unlawful for any person to transport or have in his possession, in or upon any vehicle, a firearm, unless the firearm shall be unloaded in both barrel and magazine and carried in the luggage compartment of the vehicle.
(b)
It shall be unlawful to carry a firearm in or upon any public street or in any public place unless the firearm is unloaded and in a case.
(c)
Public safety officers, persons in police and/or military service in pursuit of official duty and persons duly authorized by federal or state law to carry firearms are exempt from the provisions of this section.
(Ord. No. 138, § XXXVIII, ¶ 11, 12-17-1974; Code 1992, § 10-258)
State law reference— License required to carry or transport pistol, MCL 28.422; carrying concealed or dangerous weapons, MCL 750.227; possession or transportation of firearms on vehicles, MCL 750.227c.
Sec. 20-409. – Possession or use while under influence of alcoholic liquor or controlled
It shall be unlawful for any person, while under the influence of alcoholic liquor or any controlled substance, to carry, have in his possession or control, discharge or use, in any manner, any weapon as enumerated in sections 20-401, 20-411 and 20-412.
(Ord. No. 138, § XXXVIII, ¶ 9, 12-17-1974; Code 1992, § 10-259)
State law reference— Similar provisions, MCL 750.237.
Sec. 20-410. – Gas-ejecting and gas-emitting devices.
It shall be unlawful for any person, except persons authorized by law, to possess or have any gas-ejecting or gas-emitting device, cartridge or weapon.
(Ord. No. 138, § XXXVIII, ¶ 5, 12-17-1974; Code 1992, § 10-260)
State law reference— Similar provisions, MCL 750.224.
Sec. 20-411. – Long knives, etc.
It shall be unlawful for any person to have in his possession or control, except within his own domicile, or carry or use in any manner, any knife, dagger, dirk, razor, stiletto or any other sharp-edged or sharp-pointed instrument or weapon in excess of three inches in length. Such person shall not be in violation of this section if his possession of such knife, dagger, dirk, razor, stiletto or similar instrument is necessary for his employment, trade or occupation, or if he is engaged in, proceeding to or returning from a place of hunting, trapping or fishing, and, whenever required, is also carrying a currently valid license issued to him by the state department of natural resources, or if such person is a duly enrolled member of the Boy Scouts of America or a similar organization or society, or if such sharp-edged or sharp-pointed instrument is required under circumstances that tend to establish that its possession is for a lawful purpose, but not including self-defense or amusement.
(Ord. No. 138, § XXXVIII, ¶ 7, 12-17-1974; Code 1992, § 10-261)
State law reference— Carrying firearms or dangerous weapon with unlawful intent, MCL 750.226.
GROSSE POINTE WOODS,
DIVISION 2. WEAPONS – Grosse Pointe Woods, Michigan – Code of Ordinances
Sec. 28-432. – Aiming firearm or other weapon at person.
It shall be unlawful for any person, except public safety officers, to intentionally, without malice, point or aim any firearm, air rifle, air pistol or bow and arrow at or toward any other person.
(Code 1975, § 8-3-24; Code 1997, § 54-245)
State law reference— Similar provisions, MCL 750.233.
Sec. 28-433. – Discharging firearm or other weapon while aiming at person.
It shall be unlawful for any person, except public safety officers, to discharge without injury to another person any firearm, air rifle, air pistol or bow and arrow while intentionally, without malice, aiming at or toward any person.
(Code 1975, § 8-3-25; Code 1997, § 54-246)
State law reference— Similar provisions, MCL 750.234.
Sec. 28-434. – Discharge of firearm or other weapon prohibited; exceptions.
It shall be unlawful to discharge any firearm, air rifle, air pistol, or bow and arrow in the city except when lawfully acting in the defense of persons or property, or the enforcement of law, or at a derby or contest at an established range, the operation of which has been approved by the director of public safety.
(Code 1975, § 8-3-26; Code 1997, § 54-247)
State law reference— Authority to prevent discharge of firearms, MCL 123.1104; discharge of weapons, MCL 750.234 et seq.
Sec. 28-435. – Injuring person by discharge of firearm.
It shall be unlawful for any person to maim or injure any other person by the discharge of any firearm pointed or aimed unintentionally, without malice, at any such person.
(Code 1975, § 8-3-27; Code 1997, § 54-248)
State law reference— Similar provisions, MCL 750.235.
Sec. 28-436. – Possession of firearm or other weapon while intoxicated.
It shall be unlawful for any person, while under the influence of alcoholic liquor or any exhilarating or stupefying drug, to carry, have in possession or control, use in any manner, or discharge any firearm, air rifle, air pistol, or bow and arrow.
(Code 1975, § 8-3-28; Code 1997, § 54-249)
State law reference— Similar provisions, MCL 750.237.
Sec. 28-437. – Purchase or transport of firearms by minors.
It shall be unlawful for any person under 18 years of age to purchase any firearm. It shall be unlawful for any person under the age of 18 years to transport a firearm on any public street or in any public place unless such person is accompanied by a parent or guardian and such transportation is to or from a duly constituted target range, or location for hunting if such person has in their possession a valid hunting license issued by state authority.
(Code 1975, § 8-3-29; Code 1997, § 54-250)
State law reference— Similar provisions, MCL 750.234f.
Sec. 28-438. – Transporting firearms generally.
(a)
Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel a firearm, other than a pistol, unless the firearm is unloaded and is one or more of the following:
(1)
Taken down.
(2)
Enclosed in a case.
(3)
Carried in the trunk of the vehicle.
(4)
Inaccessible from the interior of the vehicle.
(b)
Public safety officers, peace officers and persons in police and military service in pursuit of official duty, and persons duly authorized by federal or state law to carry firearms are exempt from the provisions of this section.
(Code 1975, § 8-3-30; Code 1997, § 54-251)
Sec. 28-439. – Hunting and use of firearms generally.
(a)
Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this subsection, unless the context clearly indicates a different meaning:
Firearm means any rifle, shotgun, revolver or cannon, or any other similar or like instrument used to shoot bullets, cartridges, shells or any other similar or like explosives.
Hunting means the carrying of firearms or weapons commonly used for hunting purposes, provided that the provisions of this section shall not be deemed to apply to unloaded firearms or weapons carried in transit through the city.
(b)
Hunting prohibited. It shall be unlawful for any person to hunt animals or birds in the city.
(c)
Scope of restrictions. For the purpose of this section, the term “trap shooting, skeet shooting, target shooting or practice shooting” shall be deemed to embrace all use of firearms, except where permitted in accordance with the provisions of subsection (f) of this section.
(d)
Use of firearms restricted. It shall be unlawful for any person to shoot or discharge any firearms in connection with or in engaging in trap shooting, skeet shooting, target shooting or practice shooting; provided, however, this shall not preclude the operation of and participation in supervised gun clubs where various target shooting is practiced within enclosed ranges, the operation of which has previously been approved by the council.
(e)
Possession of firearm or other weapon used for hunting.
(1)
No person shall have in their possession with intent to use any rifle, air pistol, air gun, BB gun or similar gun, or any slingshot.
(2)
The possession of any firearm or weapon commonly used for hunting purposes by any person upon public highways or upon the private property of another, except where such firearm or weapon is carried unloaded in transit through the city, shall be deemed to be prima facie evidence of the intent to hunt in the city in violation of the provisions of this section; provided, however, the use of firearms and weapons at any hunting club in the city wherein objects other than live animals and birds are used as targets shall be expressly excluded from the provisions of this section.
(f)
Exceptions. The provisions of this section shall not apply to the use of firearms by police officers, peace officers or members of the state militia or of the armed forces of the state, or to police officers engaged in target practice under directions of the chief of police.
(Code 1975, §§ 8-12-1—8-12-6; Code 1997, § 54-258)
State law reference— Hunting area control, MCL 324.41902.
ARTICLE VIII. OFFENSES INVOLVING UNDERAGE PERSONS – Grosse Pointe Woods, Michigan – Code of Ordinances
Sec. 28-467. – Pellet guns and similar devices—Definition.
For the purpose of section 28-468, the term “firearm” shall mean any weapon or device which is designed and manufactured exclusively for propelling any missile, projectile, bullet, shot, pellet or other mass not exceeding 0.177 caliber by means of compressed air or gas or by means of springs, levers or some other mechanical device.
(Code 1975, § 8-4-25; Code 1997, § 54-284)
Sec. 28-468. – Same—Use or possession.
It shall be unlawful for any person under 18 years of age to use or possess any firearm outside the curtilage of such person’s domicile unless the person is accompanied by a parent or legal guardian.
GROVELAND,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
CHARTER TOWNSHIP OF
GUN PLAIN,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
Harper Woods,
ARTICLE III. OFFENSES AGAINST THE PUBLIC PEACE AND ORDER – Harper Woods, Michigan – Code of Ordinances
Sec. 14-58. – Dangerous weapons.
It shall be unlawful for any person to carry in any public street, highway, alley, park, building, or any other place open to the public, or to have concealed or otherwise in any vehicle operated or occupied by him, any pistol, air pistol, BB gun, starter gun, pellet gun, blank cartridge gun, rifle, shot-gun, machine gun, blackjack, sling-shot, sand club, sap bag, metal or plastic knuckles, switchblade knife, or other knife with a self-opening device, or any machete, stiletto, bayonet or other stationary blade knife with a blade exceeding three (3) inches in length, or any dirk, dart, sword or other pointed device, or any other dangerous or deadly weapon, except as otherwise permitted by law.
(Code 1962, § 8-108; Ord. No. 169, § 1, 12-4-67; Ord. No. 208, § 1, 9-13-71; Ord. No. 277, § 1, 6-18-79; Ord. No. 339, § 1, 9-19-83)
State law reference— Weapons, MCL § 750.222 et seq., MSA § 28.419 et seq.
HARRISON,
20.800 PARKS; GENERAL REGULATIONS CITY OF HARRISON, MICHIGAN Title III, Chap. 22 eff. July 22, 1962 – Harrison, Michigan –
20.810 – Prohibited acts—Firearms and hunting.
(a)
A person shall not discharge any firearm, air gun, gas gun, spring loaded gun, or shot gun within the City of Harrison. This subdivision does not apply to discharge of a bow and arrow within an area permissible for hunting. This subdivision does not apply to a target or archery range, officially established by the City to get an officially sanctioned field trial. A person shall not engage in target shooting except upon designated shooting ranges.
(b)
Hunt, trap, kill, wound, capture, or intentionally disturb any bird or other wildlife, except during established hunting and trapping seasons and on lands open to hunting or trapping. This subdivision does not apply to the possible disturbance of wildlife while lawfully training a hunting dog on lands open to hunting and trapping.
(c)
The City may except from the provisions of this rule, City parks or recreation areas or parts thereof, when in the opinion of the City, such exceptions best serves the public interest.
(Title III, Chap. 22 eff. July 22, 1962; amend. by ord. no. 1-1985 adopt. May 6, 1985; amend. by ord. no. 2010-3, adopt. July 12, 2010/eff. Aug. 6, 2010)
HASTINGS,
DIVISION 2. WEAPONS Hastings, Michigan Code of Ordinances
Sec. 54-82. Air-powered, spring-powered, mechanical guns.
(a)
The parents of the owner of any air-powered gun, spring-powered gun or mechanical gun residing in the city under the age of 18 years shall register such gun and obtain a permit for the use of the gun.
(b)
Any such gun found in the possession of any person not carrying a permit shall be immediately picked up by the police and shall not be returned until the owner applies in person or, should he be under the age of 18 years, one of his parents applies to the police department and properly registers and obtains the permit, for which they shall pay a fee as established by resolution of the council.
(c)
Parents of minors shall be civilly liable for damage done by such minors while using such guns.
(Code 1970, § 12.70)
State law reference— BB guns, use by minors, prohibition, exception, MCL 752.891.
HAZEL PARK,
Chapter 9.92 DANGEROUS WEAPONS Hazel Park, Michigan Code of Ordinances
9.92.010 Gun possession unlawful—Exception.
It is unlawful for any person to have in his or her possession except within his or her own domicile, or carry or use, a revolver or pistol of any description, shotgun, or rifle which may be used for the explosion of cartridges, or any air-gun, BB gun, gas-operated gun or spring gun, or any instrument, toy or weapon commonly known as a peashooter, slingshot, or beany, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name.
(Ord. 393 § 6 (part), 1966)
Charter Township of
HIGHLAND,
DIVISION 1. GENERALLY Highland Charter Township, Michigan Code of Ordinances
Sec. 15-223. BB guns—Possession by minor.
It shall be unlawful for any person under eighteen (18) years of age to use or possess any gun designed and manufactured for propelling BB’s, pellets or other projectiles not exceeding .177 caliber by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a parent or guardian who is over eighteen (18) years of age.
State law reference— Similar provisions, MCL 752.891.
Sec. 15-224. Same—Sale to minor.
It shall be unlawful for any person, company or corporation to sell to a minor any gun designed and manufactured for propelling BB’s, pellets or other projectiles not exceeding .177 caliber by means of gas, air or spring, or to sell to a minor BB’s designed to be used by such BB guns.
HILLSDALE,
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY Hillsdale, Michigan Code of Ordinances
Sec. 22-233. Firearms.
(a)
No person shall discharge any firearm, air rifle, air pistol, or bow and arrow within the city except as follows:
(1)
By a law enforcement officer in the performance of his or her duty when lawfully acting in the defense of persons or property;
(2)
By a person while in the exercise of the authority granted to him or her under a license granted by the city in accordance with applicable law for the purpose of culling or hunting wild animals and subject to all restrictions as might be imposed on such activity;
(3)
By a person while at a duly established shooting range, the operation of which has been approved by the council.
(4)
By a person while in the lawful defense of person or property;
(5)
By military personnel while engaged in military funerals, reviews, or memorial events;
(6)
By a person utilizing and discharging blank cartridges during a theatrical performance within a building or amphitheater or for signal purposes during athletic or sports events;
(b)
Notwithstanding anything contained in this section to the contrary, the reference to “firearm” contained in subsection (a) above shall not apply to, include or prohibit the use or discharge of nailing guns or similar equipment by persons while actively engaged in permitted construction activities.
(Code 1979, § 9.65.010; Ord. No. 2009-11, 11-2-2009; Ord. No. 2010-1, 8-2-2010)
State law reference— Discharge of firearms, MCL 750.234 et seq.
HOLLAND,
Chapter 22 PARKS AND PUBLIC PROPERTY – Holland, Michigan – Code of Ordinances
Sec. 22-4. – Firearms, etc.
Unless that person is authorized to engage in an animal control activity authorized under section 22-9 of the Ordinance Code of the City of Holland, no person shall carry in any public park any gun, “BB” gun, air rifle, rifle, shotgun, revolver, pistol or other firearm of any kind or description or any device which is capable of throwing or discharging an object with sufficient force to injure or kill humans or animals.
(Code 1955, § 5-2.4; Ord. No. 1378, 11-19-03)
Cross reference— Carrying certain concealed weapons in public, § 20-11.
CHARTER TOWNSHIP OF
HOLLAND,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
Township of
HOLLY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
HOPKINS,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
HUDSON,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
HUDSONVILLE,
ARTICLE IV. CITY PARKS – Hudsonville, Michigan – Code of Ordinances
Sec. 20-57. – Firearms.
No person shall possess within a city park any bow, arrows, pistol, slingshot, air gun, rifle, gun, dart gun, shotguns or other firearm.
(Ord. No. 162, § 1, 12-14-93)
HUNTINGTON WOODS,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
Charter Township of
INDEPENDENCE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
IRON MOUNTAIN,
DIVISION 2. POSSESSION AND DISCHARGE OF FIREARMS – Iron Mountain, Michigan – Code of Ordinances
Sec. 42-161. – Intent of division.
This division governs the carrying, shooting, firing and discharge of bows and arrows, slingshots, firearms, BB guns and pellet pistols in the city.
(Code 1982, § 7-501)
Sec. 42-162. – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BB gun and pellet pistol means a loaded or unloaded device for the ejection of BB balls or pellets by force of spring, gas or air power.
Bow and arrow means any weapon or device of over 15 pounds pull by means of which an arrow or missile may be propelled or catapulted.
Firearm means a loaded or unloaded gun, rifle, shotgun, pistol, handgun, revolver, and other such rifled or smooth-bore weapon from which projectiles can be fired by force of gunpowder or other explosive.
Slingshot means any weapon or device consisting of a Y-shaped wood, metal, bone or plastic piece to which one or more thongs, straps or elastic bands are attached and from which stones, pellets, balls or other missiles can be hurled or catapulted.
(Code 1982, § 7-502)
Cross reference— Definitions generally, § 1-2.
Sec. 42-163. – Prohibited acts.
(a)
Discharge. No person shall fire, shoot or discharge whether in practice or otherwise within the limits of the city any such bow and arrow, slingshot, firearm, BB gun or pellet pistol without first obtaining permission from the chief of police or his authorized delegate so to do.
(b)
Possession. No person shall carry or have in his possession while walking or otherwise moving on foot within the limits of the city, except in his dwelling house or place of business, or on other land possessed by him, any such bow and arrow, slingshot, firearm, BB gun or pellet pistol unless such weapon shall be unstrung, taken down or apart, or enclosed in a quiver or case, and while so transported within the city limits such firearm, BB gun or pellet pistol shall be unloaded both in chamber and magazine.
(Code 1982, § 7-503)
Sec. 42-164. – Exceptions.
Excepted from the applicability of this division shall be as follows:
(1)
Any member of a law enforcement agency of the federal or state government and any subdivision thereof, while under the authority of such government or its subdivision;
(2)
Any member of the armed forces of the United States under authority of federal law while under such authority and not on a leave or furloughed status;
(3)
Any member of the National Guard or other duly authorized military organization when on duty or drill, or while going to or returning from the customary places of assembly or practices;
(4)
Any member of a color guard, honor guard, memorial guard or funeral service guard while therein engaged, or while going to or returning from such assembly or service;
(5)
Any person licensed by this state or any other state to carry a firearm concealed upon his person;
(6)
Any person in the regular and ordinary repair or transportation of weapons as merchandise;
(7)
Any person carrying an unstrung bow, slingshot, or firearm, BB gun or pellet pistol unloaded in a wrapper or package from the place of purchase to his home or place of business, or to a place of repair or back to his home or place of business, or in moving goods from one place of abode or business to another;
(8)
Any person having a valid hunting license while in the exercise of the authority permitted or prescribed by state hunting laws; and
(9)
Any person acting under authority of state law.
(Code 1982, § 7-504)
IRONWOOD,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
JACKSON,
ARTICLE VIII. OFFENSES PERTAINING TO MINORS Jackson, Michigan Code of Ordinances
Sec. 18-208. Air guns and slingshots.
No minor under the age of eighteen (18) years shall use or have in his possession within the city, any air gun or slingshot. Any police officer shall confiscate any air gun or slingshot found in the possession of any minor under eighteen (18) years of age. No person, being the parent or guardian having the charge or custody of any minor under eighteen (18) years of age, shall knowingly permit such minor to use or have in his possession any air gun or slingshot.
(Code 1977, § 9.74)
JONESVILLE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
Charter Township of
KALAMAZOO,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
KENTWOOD,
DIVISION 2. WEAPONS – Kentwood, Michigan – Code of Ordinances
Sec. 38-192. – Discharge.
No person shall, without authority by law, discharge any firearm, air rifle, air pistol, paintball gun or other dangerous weapon within or into the City, except at a City approved facility established for such purpose. This section shall not apply to the discharge of blank ammunition as part of a City-approved event, parade or funeral ceremony.
(Comp. Ords. 1987, § 20.312(7)
KINGSFORD,
DIVISION 2. WEAPONS – Kingsford, Michigan – Code of Ordinances
Sec. 24-141. – Discharge of firearms.
(a)
Prohibited; exception. It shall be unlawful for any person, except a public safety officer in the discharge of his duty, to discharge any firearm, air rifle, bow and arrow, slingshot, or other dangerous weapon within the city without first obtaining a special permit from the public safety director.
(b)
Forfeit of weapons. All weapons, firearms, bows and arrows, and slingshots carried, possessed or used contrary to the preceding sections are hereby declared forfeited to the city.
(Ord. No. 90, § 3, 11-17-1952)
State law reference— Discharge of weapons, MCL 750.234 et seq.
Sec. 24-142. – Hunting and trapping.
(a)
It shall be unlawful for any person, except in accordance with the provisions of this section:
(1)
To hunt or pursue any animal or wildlife at any time by means of a firearm, including handguns, rifles, air rifles, spring guns, bow and arrow, slingshot or any other dangerous instrument.
ARTICLE II. RULES AND REGULATIONS – Kingsford, Michigan – Code of Ordinances
Sec. 26-36. – Firearms and fireworks.
It shall be unlawful for any person to bring into any park or have in his possession in any park or discharge in any park, without first obtaining a special written permit from the public safety director:
(1)
Any firearm as defined in Public Act No. 189 of 1959 (MCL 8.37), BB gun, pellet gun, air gun, spring gun, slingshot, bow, or other weapon from which a dangerous projectile may be propelled by explosives, spring, gas, or air, or any other dangerous weapon as defined in section 24-141
LAINGSBURG,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
LAKE ODESSA,
DIVISION 2. WEAPONS – Lake Odessa, Michigan – Code of Ordinances
Sec. 18-321. – Definition.
The term “firearm,” except as otherwise specifically defined in this division, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
(Code 1993, § 9-266)
Cross reference— Definitions generally, § 1-2.
Sec. 18-322. – Persons exempt from division.
Police officers, peace officers and persons in the military service, in pursuit of official duty, and persons duly authorized by federal or state law to carry firearms, are exempt from the provisions of this division.
(Code 1993, § 9-267)
Sec. 18-323. – Aiming firearm.
It shall be unlawful for any person within the village to intentionally, without malice, point or aim any firearm at or toward any other person.
(Code 1993, § 9-268)
State law reference— Similar provisions, MCL 750.233.
Sec. 18-324. – Aiming and discharging firearm.
It shall be unlawful for any person within the village to discharge without injury to another person any firearm, while intentionally, without malice, aiming at or toward any person.
(Code 1993, § 9-269)
State law reference— Similar provisions, MCL 750.234
Sec. 18-325. – Injury by discharge of firearm.
It shall be unlawful for any person within the village to maim or injure any other person by the discharge of any firearm pointed or aimed unintentionally, without malice, at any such person.
(Code 1993, § 9-270)
State law reference— Similar provisions, MCL 750.235.
Sec. 18-326. – Possession or control of firearm while intoxicated.
It shall be unlawful for any person within the village, while under the influence of an alcoholic liquor or any exhilarating or stupefying drug, to carry, have in possession or control, or use in any manner, or discharge, any firearm.
(Code 1993, § 9-271)
State law reference— Similar provisions, MCL 750.237.
Sec. 18-327. – Hunting within village.
It shall be unlawful for any person within the village to hunt wild game, or in any manner carry any gun, weapon or firearm within the village for the purpose of hunting any wild game or fowl at any time.
(Code 1993, § 9-272)
State law reference— Game law, MCL 311.1 et seq.
Sec. 18-328. – Possession of knives, etc., by minors.
It shall be unlawful for any minor under 18 years of age to have in his possession or control, except within his own domicile, or carry or use in any manner any knife with a blade in excess of three inches, dagger, dirk, razor, stiletto or any other sharp-edged or pointed instrument or weapon used for inflicting injury upon another; provided, however, that such person shall not be in violation of this section if his possession of such knife with a blade in excess of three inches, dagger, dirk, razor, stiletto or any other sharp-edged or pointed instrument is necessary for his employment, trade or occupation; if he is engaged in or is proceeding to or returning from a place of hunting, trapping or fishing and, whenever required, is also carrying a currently valid license issued to him by the state department of conservation; if such person is a duly enrolled member of the Boy Scouts of America or a similar organization or society and such possession is necessary to participate in the activities of such organization or society; or if the knife with a blade in excess of three inches, dagger, dirk, razor, stiletto or any other sharp-edged pointed instrument is required under circumstances that tend to establish that its possession is for a lawful purpose.
(Code 1993, § 9-273)
State law reference— Carrying firearm or dangerous weapon, MCL 750.226.
Sec. 18-329. – Confiscation of weapons.
All weapons, guns, pistols, firearms, knives, dirks, razors, stilettos, or any other sharp-edged or pointed instruments or weapons carried, possessed or used contrary to this division are hereby declared forfeited to the village.
(Code 1993, § 9-274)
Sec. 18-330. – Transporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel.
Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel a firearm, other than a pistol, unless the firearm is unloaded and is one or more of the following:
(1)
Taken down.
(2)
Enclosed in a case.
(3)
Carried in the trunk of the vehicle.
(4)
Inaccessible from the interior of the vehicle.
(Code 1993, § 9-275)
State law reference— Similar provisions, MCL 750.227d.
Sec. 18-331. – Possession of firearm by person less than 18 years of age.
(a)
Prohibition. Except as provided in subsection (b) of this section, an individual less than 18 years of age shall not possess a firearm in public except under the direct supervision of an individual 18 years of age or older.
(b)
Exceptions. Subsection (a) of this section does not apply to an individual less than 18 years of age who possesses a firearm in accordance with Part 401 (wildlife conservation) of the natural resources and environmental protection act, Public Act No. 451 of 1994, (MCL 324.40101 et seq.), or Part 435 (hunting and fishing licensing) of Public Act No. 451 of 1994 (MCL 324.43501 et seq.). However, an individual less than 18 years of age may possess a firearm without a hunting license while at, or going to or from, a recognized target range or trap or skeet shooting ground if, while going to or from the range or ground, the firearm is enclosed and securely fastened in a case or locked in the trunk of a motor vehicle.
(Code 1993, § 9-276)
State law reference— Similar provisions, MCL 750.234f.
Sec. 18-332. – Air rifles; pistols; slingshots.
It shall be unlawful for any person to sell or offer for sale, use, operate or discharge any BB gun, air rifle, toy pistol, slingshot, catapult or any other toy shooting apparatus, gun or implement that might result in damage or destruction of life or property in the limits of the village.
(Code 1993, § 9-277)
State law reference— BB guns, MCL 752.831 et seq.
LAKETOWN,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
LANSING,
CHAPTER 696. WEAPONS AND EXPLOSIVES Lansing, Michigan Code of Ordinances
696.01. Discharging weapons.
(a)
No person shall fire or shoot any firearm, air gun, spring gun, bow and arrow, slingshot, crossbow or other dangerous weapon in any street or public place, or fire or shoot such a weapon in any place in a manner that would endanger, or be likely to endanger, any person or property, subject to the following exception(s):
A person who is an authorized participant in an approved recreational shooting program under the authority of the Lansing Police Department or Department of Parks and Recreation may use any of the following:
(1)
Bows and arrows, and
(2)
Crossbows.
(b)
Recreational shooting program means a program that meets state or nationally recognized standards and is under the direct supervision of a certified range master who has successfully completed a nationally recognized training program.
(c)
The Department of Parks and Recreation shall identify state or nationally recognized recreational shooting safety and program standards and shall promulgate or adopt rules for the safe and orderly administration of recreational shooting programs.
(Ord. No. 739, 12-22-86; Ord. No. 1133, § 1, 4-21-08)
696.02. Carrying weapons in public places.
No person shall carry any firearm, air rifle, bow and arrow, slingshot, crossbow or other dangerous weapon in any public place, subject to the following exceptions:
(a)
When it is in a case and is not loaded;
(b)
In the case of a bow or crossbow, when it is unstrung or encased, or when it is being carried under the direct supervision of authorized public recreational personnel; or
(c)
Where and as otherwise permitted by State law.
(Ord. No. 739, 12-22-86)
696.03. Transportation of firearms in motor vehicles.
No person shall transport or possess in or upon a motor vehicle a firearm, unless the firearm is unloaded and is one or more of the following:
(a)
Taken down;
(b)
Enclosed in a case;
(c)
Carried in the trunk of the vehicle; and/or
(d)
Inaccessible from the interior of the vehicle.
(Ord. No. 739, 12-22-86)
696.04. Carrying knives.
No person shall carry any knife having a blade over three inches in length, whether in a sheath or not, in any public place.
(Ord. No. 739, 12-22-86)
696.05. Weapons on college campuses and buildings.
No regularly enrolled student, guest or other person shall have in his or her possession on any college campus or in any college building, either concealed or not concealed, any rifle, shotgun, revolver, knife, fire bomb, explosive or any other dangerous weapon or ordnance.
(Ord. No. 739, 12-22-86)
CHARTER TOWNSHIP
of
LANSING,
CHAPTER 32. FIREARMS CONTROL – Lansing Charter Township, (Ingham Co.), Michigan – Code of Ordinances
Section 32-1. – Unlawful to carry, fire or discharge firearm, air rifle, pellet gun, slingshot or bow and arrow; exceptions.
No person, except a police or other peace officer in the course of his duty, or a person who has been granted a permit to do so by competent authority, shall carry upon any street, road, alley, public place, or public or private property in the township any firearm, air rifle, pellet gun, slingshot or bow and arrow unless it be securely wrapped, sheathed or broken, nor fire or discharge the same within the township, except at established ranges, which are approved by the law enforcement officers of the township, unless in self-defense or the defense of his or her property.
Section 32-1.1. – Prohibition does not apply to owner and invited guests on farm property.
The provisions of section 32-1 shall not prohibit the lawful owner and/or his invited guests from carrying or discharging firearms, air rifle, pellet gun, slingshot or bow and arrow upon farm property while hunting, and provided such firearms, air rifle, pellet gun, slingshot, or bow and arrow are not fired or discharged within 750 feet of any dwelling or outbuilding located in the township, excepting therefrom the dwelling or outbuildings located on the farm property upon which said person is then hunting.
LATHRUP VILLAGE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
LAWRENCE,
ARTICLE IV. OFFENSES AGAINST PUBLIC SAFETY – Lawrence, Michigan – Code of Ordinances
Sec. 16-66. – Firearms.
(a)
Discharge firearms; unlawful. It shall be unlawful for any persons to discharge any firearm within the corporation boundary of the Village of Lawrence, Van Buren County, Michigan, except as hereinafter provided.
(b)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearm means any weapon or device from which is propelled any missiles, projectiles, bullet, shot, pellet or other mass my means of explosive, compressed air or gas, or by means of springs, levers, or other mechanical devices, except a hand gun designed and manufactured exclusively for propelling BB’s not exceeding .77 caliber.
(c)
Valid reason; permit; application. Any person, having a good and valid reason to discharge a firearm within the corporate limits of the village, may make written application to the chief of police for a special permit, setting forth in said application the exact and true reason for obtaining such permit; said chief of police may, if he finds that the applicant has a good and sufficient reason, issue a special permit in writing to said applicant to discharge a firearm within the village, under such conditions as said chief of police may thereon impose, and which permit shall expire on the date set forth in said permit, but in no case later than 30 days from the date of issuance thereof.
(Comp. Ords. 1987, §§ 20.021—20.023)
State law reference—Discharge of weapons, MCL 750.234 et seq.
LEONI,
Chapter 24 PARKS AND RECREATION – Leoni Township, (Jackson Co.), Michigan – Code of Ordinances
Sec. 24-3. – Dangerous or obnoxious materials or equipment.
(a)
No person shall deposit or abandon in or on any lands or water areas within the boundaries of any park or playground any garbage, sewage, bottles, cans, trash, refuse, waste or other obnoxious materials except in receptacles provided for such purposes.
(b)
No person shall have in his possession or control any slingshot, pellet gun, air rifle, fireworks, explosives or other dangerous materials within the boundaries of any park or playground.
(C.O. 1995, § 35.104)
Cross reference— Environment, ch. 12
LESLIE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
LIVONIA,
Article 8. Weapons Livonia, Michigan Code of Ordinances
9.90.010 Definitions.
As used in this chapter:
A.
“Air gun” means any gun, rifle or pistol by whatever name known, which is designed to expel a projectile by the action of compressed air or gas.
B.
“Dealer” means any person engaged in the business of selling at retail or renting any of the articles designated in subsection A of this section. (Prior code § 8-214(a))
9.90.020 Selling, renting or furnishing air-guns to persons under eighteen—Restrictions.
A.
It is unlawful for any dealer to sell, lend, rent, give or otherwise transfer any air gun to any person under the age of eighteen (18) years, where the dealer knows or has reasonable cause to believe the person could be under eighteen (18) years of age, or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under eighteen (18) years of age.
B.
It is unlawful for any person to give, lend or otherwise transfer any air-gun to any person under eighteen (18) years of age, except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such persons and the persons under eighteen (18) years of age. (Prior code § 8-214(b))
9.90.030 Possession of air-guns by persons under eighteen—Conditions.
Notwithstanding any inconsistent provision of this chapter, it shall be lawful for any person under eighteen (18) years of age to have in his possession an air-gun if the article is:
A.
Kept within his domicile;
B.
Used by the person under eighteen (18) years of age and he is a duly enrolled member of such club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range or other safe area, to possess, load and fire in such a place under the supervision, guidance and instruction of a responsible adult. (Prior code § 8-214(c))
9.90.040 Carrying and discharge of air-guns prohibited—Exceptions.
A.
It is unlawful for any person under eighteen (18) years of age to carry an air-gun on the streets, alleys, public roads or public lands within the city unless accompanied by a responsible person who is at least eighteen (18) years of age.
B.
It is unlawful for any person to discharge any air-gun from or on any public land or any public place, except on a properly constructed target range, and it is unlawful for any person to discharge any air-gun from or across any street, sidewalks or alley.
C.
It is unlawful for any person to carry on, transport across or to discharge any air-gun on the private property of any other person without having in his possession the specific written consent of the owner of said property.
D.
It is unlawful for any person to discharge any air-gun on private property in a manner which allows the projectile to leave that property. (Ord. 1430 § 1, 1978: prior code § 8-214(d))
9.90.050 Shooting range or area—Police chief authority—Liability for damage or injuries.
The chief of police may approve or designate a range or area in and upon which air guns may be used; provided, however, he or the city, or both, shall not be responsible for death, injury or property damage resulting from the use of any such range or area. (Prior code § 8-214(e))
9.90.060 Confiscation of air-guns authorized when.
Any duly authorized police officer of the city shall be empowered to confiscate and legally dispose of any air gun when a violation of this chapter occurs. (Prior code § 8-214(g))
9.90.070 Violation—Penalty—Liability for property damage.
A.
Any person convicted of violating the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars ($100.00) or imprisonment for a period of not more than ninety (90) days, or both such fine and imprisonment in the discretion of the court.
B.
Nothing herein contained shall be deemed to relieve any parent from the civil liability, limited to actual damages in an amount not to exceed two thousand five hundred dollars ($2,500.00), for the malicious or willful destruction of property by any minor under the age of eighteen (18) years, imposed by 1978 PA 577, as amended. (Prior code § 8-214(f)
LOWELL,
ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY – Lowell, Michigan – Code of Ordinances
Sec. 13-107. – BB guns, bow and arrow, air rifles, slingshots, etc.
It shall be unlawful for any person to use, operate or discharge any BB gun, air rifle, toy pistol, bow and arrow (except as provided in section 13-112 hereof), slingshot, catapult or any other toy shooting apparatus, gun or implement that might result in damage or destruction of life or property in the city limits except in shooting ranges approved by the police department.
(Ord. No. 04-4, § 1, 9-7-04; Ord. No. 09-03, § 1, 7-6-09)
Editor’s note—
Ord. No. 09-03, § 1, adopted July 6, 2009, changed the title of section 13-107 from “BB guns, air rifles, slingshots” to “BB guns, bow and arrow, air rifles, slingshots, etc.” The historical notation has been preserved for reference purposes.
LUDINGTON,
DIVISION 1. GENERALLY – Ludington, Michigan – Code of Ordinances
Sec. 38-71. – Weapons and explosives.
No person, except a law enforcement officer, shall bring onto park or beach property or have in his possession on park or beach property any firearm or ammunition, any explosive, dynamite cap, fireworks that leave the ground, explode, or propel anything other than sparks into the air, any air gun, pellet gun, or any device by means of which a projectile can be propelled, any incendiary bomb or material; any smoke or stink bomb; any tear gas or other disabling chemical or agent; any inflammable liquid, except fuel in a fuel tank of a vehicle, vessel, camp stove or camp heater; any lighter fluid or starter fluid expressly manufactured for lighting charcoal or other cooking fuel in a designated picnic area only and but no more than one quart of such, which shall be kept in its original container. In approved camping areas, an amount of fuel not to exceed one gallon in a closed container may be in the possession of a registered camper for a lantern, camp stove or heater other than that contained in the unit’s fuel tank.
CHARTER TOWNSHIP OF
LYON,
DIVISION 2. WEAPONS – Lyon Charter Township, (Oakland Co.), Michigan – Code of Ordinances
Sec. 26-307. – BB guns.
It shall be unlawful for any person under 18 years of age to use or possess any handgun designed and manufactured exclusively for propelling BBs and/or discharge not exceeding 0.177 caliber by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a person over 18 years of age.
(Ord. No. 10A-80, ch. IV, § 13, 11-30-1980)
State law reference— Similar provisions, MCL 752.891.
MACKINAC ISLAND,
ARTICLE III. OFFENSES INVOLVING PUBLIC SAFETY – Mackinac Island, Michigan – Code of Ordinances
Sec. 38-81. – Discharge of firearms.
No person shall discharge any firearm, air rifle or air pistol in the city, except when in connection with a regularly scheduled educational or training program, or when done by law enforcement officers in performance of their duty. No person shall aid or abet another in violating this section.
(Ord. No. 156, § 1, 4-12-1961)
VILLAGE OF MACKINAW,
20.200 AIR-GUNS AND SLING-SHOTS Ord. No. 43 Effective: March 31, 1940 – Mackinaw City, Michigan – Compilation-General Ordinances
20.200 – AIR-GUNS AND SLING-SHOTS
Ord. No. 43
Effective: March 31, 1940
An Ordinance to prohibit the use of air-guns and sling-shots by minors under the age of eighteen.
THE VILLAGE OF MACKINAW CITY ORDAINS:
20.201 – Possession by minor; confiscation.
20.202 – Parent or guardian responsibility.
20.203 – Penalty.
20.201 – Possession by minor; confiscation.
Sec. 1. It shall hereafter be unlawful for any minor under the age of eighteen years to use or have in his possession within the Village of Mackinaw City an air-gun or sling-shot. The Chief of Police, or any member of the police force, shall have authority and it shall be his duty to confiscate any air-gun or sling-shot found in the possession of any minor under eighteen years of age.
(ord. no. 43 eff. Mar. 31, 1940)
20.202 – Parent or guardian responsibility.
Sec. 2. It shall be unlawful for any parent or guardian of any such minor in his charge or custody to knowingly permit such minor to use or have in his possession any air-gun or sling-shot.
(ord. no. 43 eff. Mar. 31, 1940)
20.203 – Penalty.
Sec. 3. Any person who shall violate any of the provisions of this ordinance shall, upon conviction, be fined not more than ten dollars.
(ord. no. 43 eff. Mar. 31, 1940)
This ordinance shall take effect thirty days from the date of its passage.
Passed: March 1, 1940
PART 20 – Mackinaw City, Michigan – Compilation-General Ordinances
Effective: March 31, 1940
An Ordinance to prohibit the use of air-guns and sling-shots by minors under the age of eighteen.
THE VILLAGE OF MACKINAW CITY ORDAINS:
20.201 – Possession by minor; confiscation.
20.202 – Parent or guardian responsibility.
20.203 – Penalty.
20.201 – Possession by minor; confiscation.
Sec. 1. It shall hereafter be unlawful for any minor under the age of eighteen years to use or have in his possession within the Village of Mackinaw City an air-gun or sling-shot. The Chief of Police, or any member of the police force, shall have authority and it shall be his duty to confiscate any air-gun or sling-shot found in the possession of any minor under eighteen years of age.
(ord. no. 43 eff. Mar. 31, 1940)
20.202 – Parent or guardian responsibility.
Sec. 2. It shall be unlawful for any parent or guardian of any such minor in his charge or custody to knowingly permit such minor to use or have in his possession any air-gun or sling-shot.
(ord. no. 43 eff. Mar. 31, 1940)
20.203 – Penalty.
Sec. 3. Any person who shall violate any of the provisions of this ordinance shall, upon conviction, be fined not more than ten dollars.
(ord. no. 43 eff. Mar. 31, 1940)
This ordinance shall take effect thirty days from the date of its passage.
Passed: March 1, 1940
MACOMB,
DIVISION 2. WEAPONS Macomb Township, (Macomb Co.), Michigan Code of Ordinances
Sec. 12-331. Definition.
The word “firearm,” except as otherwise specifically defined in this division, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
Cross reference— Definitions and rules of construction generally, § 1-2.
Sec. 12-341. Air rifles; pistols; slingshots.
It shall be unlawful for any person to sell or offer for sale, use, operate or discharge any BB gun, air rifle, toy pistol, slingshot, catapult or any other toy shooting apparatus, gun or implement that might result in damage or destruction of life or property in the limits of the township.
State law reference— BB guns, MCL 752.851 et seq., MSA 28.436(41) et seq.
Chapter 12.5 PARKS AND RECREATION Macomb Township, (Macomb Co.), Michigan Code of Ordinances
Sec. 12.5-5. Dangerous or obnoxious materials or equipment.
(a)
No person shall litter, deposit or abandon in or on any lands or water areas within the boundaries of a park or recreational facility any garbage, sewage, bottles, refuse, trash, waste or other obnoxious material except in receptacles provided for such purposes.
(b)
No person shall have in his possession or control any glass bottle or glass container in a park or recreational facility.
(c)
No person shall have in his possession or control any slingshot, pellet gun, air rifle, fireworks, explosives or other dangerous materials within the boundaries of a park.
(Ord. No. 249, 3-23-11)
MADISON HEIGHTS,
ARTICLE VII. CONTROL OF WEAPONS Madison Heights, Michigan Code of Ordinances
Sec. 17-139. Definition.
Firearm, when used in this article, except as otherwise specifically defined in this article, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
(Code 1958, § 8-105; Ord. No. 396, § 1, 10-20-69; Ord. No. 1019, § 1, 5-28-02)
Sec. 17-140. Possession unlawful; exceptions.
(a)
It shall be unlawful for any person, except as otherwise provided in this article, to have in his possession except within his own domicile, or carry or use, a revolver or pistol of any description, shotgun, or rifle which may be used for the explosion of cartridges, or any air gun, “BB gun,” gas-operated gun or spring gun, or any instrument, toy or weapon commonly known as a “peashooter,” “slingshot,” or “beany” or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name.
(b)
This section shall not apply to licensed shooting galleries or in private grounds or premises under circumstances when such instrument can be fired, discharged or operated in such a manner as not to endanger persons or property, and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such gallery, grounds or residence; and further provided, that nothing contained in this section shall be construed to prevent the concealed carrying of any type of gun whatsoever when unloaded and properly cased to or from any range or gallery or to or from an area where hunting is allowed by law.
(Code 1958, § 8-105; Ord. No. 129, § 2, 6-22-59; Ord. No. 1019, § 1, 5-28-02)
Sec. 17-141. Restrictions on possession of firearms.
(a)
It shall be unlawful for any person to carry a firearm 30 inches or less in length on his person, concealed or otherwise, in the public streets, alleys, public shopping centers or places of business frequented by the public, public parks, public school property, property locations of religious worship open to the public or any other place in the city unless the bearer possesses a duly authorized unexpired Michigan license to carry a concealed weapon.
(b)
It shall be unlawful for any person to carry a firearm commonly referred to as a longarm (rifle, shotgun or firearm over 30 inches overall length) on the public streets, alleys, public shopping centers or places of business, public parks, public school property, property locations of religious worship open to the public, or any other place within the city, whether cased or uncased, except under the provisions of this article.
(c)
Unloaded longarms may be transported from a place of purchase to the residence of the purchaser if enclosed in a carton, container, closed gun case or wrapped completely in commercial wrapping paper securely closed by tape or string, while being so transported.
(d)
Unloaded longarms may be transported by motor vehicle to and from hunting and firearms practice or target shooting, but must be fully enclosed in a closed carton, container or gun case or carried in the trunk of the vehicle.
(e)
Unloaded longarms may be carried by any person, 17 years and older, on foot, to and from a regulated gun range, when the firearm is fully enclosed in a closed carton, container or gun case. Persons so involved shall proceed to and from the gun range without delay by avoiding loitering on the public streets and all other public places within the city.
(f)
Notwithstanding the provisions contained herein, it shall be unlawful for any employee of the city, excluding those persons identified as exempt in section 17-138 above, to carry and/or possess a firearm, as defined in sections 17-139, 17-140 and 17-141 above, on his or her person or otherwise, or on or in any city owned or supplied vehicle, whether concealed or unconcealed, in the course of his or her employment with the city.
(Code 1958, § 8-105; Ord. No. 396, § 1, 10-20-69; Ord. No. 1019, § 1, 5-28-02)
Sec. 17-142. Possession of dangerous weapons prohibited; exceptions.
(a)
No person shall possess any machine gun, sawed off shotgun, or any instrument or weapon of the kind commonly known as a blackjack, slingshot, sand club, sandbag, switchblade knife or metal knuckles, nor any instrument, attachment or appliance for causing the firing of any firearm to be silent or intended to lessen or muffle the noise of the firing of any firearms, except as is otherwise permitted by law.
(b)
No person shall possess, with intent to use unlawfully against another, an imitation pistol, or a dagger, dirk, razor, stiletto, knife or other dangerous weapon.
(c)
Any person who shall carry a dagger, dirk, stiletto or other dangerous weapon except hunting knives adapted and carried as such, concealed on or about his person, or whether concealed or otherwise in any vehicle operated or occupied by him, except in his dwelling house or place of business or on other land possessed by him is guilty of a misdemeanor.
(d)
Notwithstanding the provisions contained herein, it shall be unlawful for any employee of the city, excluding those persons identified as exempt in section 17-138 above, to carry and/or possess a dangerous weapon, as defined in section 17-142(a) through (c) above, on his or her person or otherwise, or on or in any city owned or supplied vehicle, whether concealed or unconcealed, in the course of his or her employment with the city.
(Code 1958, §§ 8-105, 8-111; Ord. No. 396, § 1, 10-20-69; Ord. No. 1019, § 1, 5-28-02)
Sec. 17-143. Discharge of firearms; exceptions.
(a)
It shall be unlawful for any person to discharge any firearm or other instrument producing a like effect and noise within the city, except in the lawful defense of his person or property, or as otherwise permitted by law.
(b)
This section shall not apply to a funeral service, under the direct supervision of a licensed funeral director, for a member of any branch of the Armed Forces, a police officer or a firefighter. The firearm(s) discharged shall only be made by an active member or members of the Armed Forces, police or fire department in the discharge of their proper duties for the funeral service. The firearm(s) so discharged shall contain only blank ammunition incapable of discharging a projectile of any sort. The discharge of said firearm(s) shall only be made between the hours of 9:00 a.m. to 3:00 p.m. The licensed funeral director shall notify the chief of police or his authorized designee at least 24 hours prior to the discharge of any firearm(s).
(Code 1958, § 8-105; Ord. No. 1019, § 1, 5-28-02; Ord. No. 1051, § 1, 10-22-07)
Sec. 17-144. Declared contraband.
All pistols or weapons, declared to be illegal under state law, carried or possessed contrary to the provisions of this Code or the state or federal law are hereby declared contraband and are forfeited to the police chief to be disposed of in accordance with state law.
(Code 1958, § 8-105; Ord. No. 467, § 1, 12-27-71; Ord. No. 1019, § 1, 5-28-02)
Sec. 17-145. Hunting—Prohibited; exceptions.
No person shall hunt, trap, snare, shoot or kill any game birds or wild fowl of any kind whatsoever with a shotgun, pistol, trap, snare, dog or any other hunting device of any kind or nature at any place within the city. Any person owning five acres or more of farmland under actual cultivation within the city may make application for and receive from the police department a permit to hunt, trap or snare game birds or wild fowl upon such land for a limited time, provided that such hunting or shooting of game birds or wild fowl does not endanger the life, limb, safety or welfare of other persons or property.
(Code 1958, § 8-106; Ord. No. 1019, § 1, 5-28-02)
Sec. 17-146. Same—Confiscation of hunting devices.
Any gun, rifle, pistol or other hunting device found upon or in the possession or under the control of any person in violation of section 17-145 shall be taken from such person by the officer making the arrest, and impounded, and upon the conviction of such person, such firearm or other hunting device shall be confiscated and disposed of by the city.
(Code 1958, § 8-107; Ord. No. 1019, § 1, 5-28-02)
Sec. 17-147. Sale or distribution of dangerous or offensive weapons prohibited.
(a)
The sale or distribution of offensive weapons or paraphernalia including, but not limited to, stars or nunchaku are hereby expressly prohibited.
(b)
All applications for a business license for the sale of offensive or dangerous weapons, such as stars or nunchaku, shall be first submitted to the chief of police, who shall investigate and make a determination as to whether or not the sale of such items constitutes dangerous or offensive weapons. If the chief of police or his designate shall determine that a license is being sought for such sale of dangerous or offensive weapons, such as stars or nunchaku, he shall so certify upon the application requesting that the application for a business license be denied.
(Ord. No. 765, §§ 1, 2, 9-23-85; Ord. No. 1019, § 1, 5-28-02)
Editor’s note—
Ordinance No. 765, §§ 1, 2, adopted Sept. 23, 1985, was non-amendatory of the Code; hence, codification herein as § 17-147 has been at the editor’s discretion.
Sec. 17-148. Penalty.
Any person who shall violate the provisions of chapter 17, article VII, section 17-138 through section 17-147 shall be guilty of a misdemeanor punishable by imprisonment for not more than 93 days and/or a fine or not more than $500.00.
(Ord. No. 1019, § 1, 5-28-02)
Secs. 17-149—17-156. Reserved.
MANTON,
ARTICLE IV. OFFENSES AGAINST PUBLIC SAFETY – Manton, Michigan – Code of Ordinances
Sec. 22-92. – Firearms; discharging prohibited.
It shall be unlawful for any person to discharge any firearm, gun, pistol, revolver, air gun, air pistol, or any other instrument producing a like effect and noise, or shoot a bow and arrow within the city limits, except in lawful defense of his person or property.
(Comp. Ords. 1987, § 20.215)
State law reference— Discharge of firearms, MCL 750.234 et seq.
MARQUETTE,
ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY Marquette, Michigan Code of Ordinances
Sec. 32-173. Discharge of firearms, air guns, etc.
No person shall discharge any firearm, air rifle, air gun, or slingshot in the city, or discharge any bow and arrow in the city, except at regularly established archery range or rifle ranges authorized by the city.
(Code 1999, § 27.02(4))
State law reference— Discharge of firearms, MCL 750.234 et seq.
MARYSVILLE,
ARTICLE III. MINORS IN POSSESSION OF ARMS Marysville, Michigan Code of Ordinances
Sec. 9.109. Possession unlawful.
It shall be unlawful for the parent or guardian of any minor child under the age of 18 years to knowingly permit such minor child under the age of eighteen 18 years to use or have in his or her possession any spring gun, air gun, sling-shot, bow and arrow, or other weapon capable of or designed to discharge any shot, pellet or missile likely to inflict bodily injury or property damage, except and unless such minor child under the age of 18 years shall be, at the time of his or her use or possession of any gun or weapon herein described, under the direct supervision or control of his or her parent or guardian or some other adult person.
ARTICLE I. IN GENERAL Marysville, Michigan Code of Ordinances
Sec. 3.16. Weapons.
Except as permitted by law, no person shall carry any bows and arrows, BB guns, sling shots, or air rifles of any description within any public park unless by special permission issued by the city.
(Ord. No. 428, § 1, 9-28-2009; Ord. No. 435, § 1, 8-23-10)
ARTICLE I. IN GENERAL Marysville, Michigan Code of Ordinances
MELVINDALE,
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY – Melvindale, Michigan – Code of Ordinances
Sec. 15-181. – Discharging in city.
It shall be unlawful for any person to discharge any firearm, air rifle, air pistol or bow and arrow in the city, except when lawfully acting in the defense of persons or property or the enforcement of law or at a duly established range, the operation of which has been approved by the council.
(Ord. No. 91-508, § 6-1 , 9-18-91)
State law reference— Discharge of firearm intentionally but without malice aimed at another, MCL 750.234.
MENOMINEE,
ARTICLE IV. OFFENSE AGAINST PUBLIC SAFETY Menominee, Michigan Code of Ordinances
Sec. 14-90. Carrying dangerous weapons.
It shall be unlawful for any person to carry in any public street, highway, alley, park, building or any other place open to the public, or to have concealed or otherwise in any vehicle operated or occupied by him, an air pistol, BB gun, starting gun, pellet gun, blank cartridge gun, rifle, shotgun, black jack, sling shot, sand club, metal or plastic knuckles, karate sticks, night sticks, knife, razor, sharp or blunt instrument or any other dangerous or deadly weapon, except as otherwise permitted by law.
(Code 1979, § 2:6.5)
State law reference— Firearms and other weapons, MCL 750.222; local firearm regulations, MCL 123.1101 et seq.
Sec. 14-91. Discharging firearms, air guns, fireworks, etc.
It shall be unlawful for any person to discharge any firearm, air gun, fireworks, BB gun, or any toy projecting lead or missiles, except in a regularly established shooting gallery or range, providing that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty; or to apply to any citizen when lawfully defending person or property. Further, this section shall not apply to the discharge of a firearm by the holder of a state of federal permit for a particular purpose, or to the discharge of a firearm with the prior authorization of the police chief and the City manager. The police chief and the City manager shall give such permission upon a showing that public safety, peace and order will not be endangered.
(Code 1979, § 2:4.2(6))
State law reference— Firearms and other weapons, MCL 750.222; local firearm regulations, MCL 123.1101 et seq
Charter Township of
MERIDIAN,
DIVISION 3. PUBLIC CONDUCT – Meridian Charter Township, (Ingham Co.), Michigan – Code of Ordinances
Sec. 22-97. – Firearms and other weapons.
Except as authorized by Section 22-96, no person shall, at any time, discharge anywhere upon land preservation property, any firearm of any description, including an air-rifle, spring gun, bow and arrow, sling, or any instrument that can be loaded with and fire blank cartridges or any other form of weapon or device potentially dangerous to wildlife and human safety. Shooting into land preservation property from any non-land preservation property is prohibited. This section, however, shall not apply to any duly appointed law enforcement officer while carrying out the duties and responsibilities of their position. Any violation is subject to the Recreational Trespass Act, (MCLA 324.73101—324.73111) and any amendments or revisions which are adopted by reference as part of this division.
(Ord. No. 2007-15, § 3, 12-16-2007; Ord. No. 2012-07, § 1, 10-21-2012)
ARTICLE II. PUBLIC CONDUCT IN PARKS – Meridian Charter Township, (Ingham Co.), Michigan – Code of Ordinances
Sec. 54-36. – Firearms and other weapons.
No person shall, at any time, bring upon the township park property, nor possess or discharge anywhere upon such property, any firearm of any description, or air-rifle, spring gun, bow and arrow, sling, or any other form of weapon potentially dangerous to wildlife and human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind or trapping device. Shooting into park property from beyond park boundaries is prohibited. This section however, shall not apply to any duly appointed law enforcement officer while carrying out the duties and responsibilities of their position. Any violation of this section is a misdemeanor punishable as provided by this Code.
(Code 1974, § 34-9; Ord. No. 2003-02, § 9, 1-7-2003)
MIDDLEVILLE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
MILAN,
ARTICLE I. IN GENERAL – Milan, Michigan – Code of Ordinances
Sec. 13-34. – Firearms, bows, shot guns, air guns, pellet guns and slingshots.
(a)
No person shall fire any shot gun, rifle, pistol, or other firearm within the city limits of the City of Milan unless it can be deemed necessary to protect his life or the lives of his family; except however, that the chief of police may authorize shooting at registered and approved sites.
(b)
No person shall shoot a B-B gun, gas-fired pellet gun, dart gun, bow and arrow or slingshot within the city limits unless it is on such person’s property for the purpose of target practice. Such target practicing shall be supervised by an adult whose property is being used and such target must be located so as to prevent any pellets, B-B’s, arrows or darts from leaving such person’s property.
(c)
It shall be the duty of the chief of police or any officer designated by the chief of police to seize all guns or weapons of any type used in violating this section and he shall dispose of such weapons as provided by law.
(d)
No person shall sell, loan or furnish to any minors, any firearm in which any explosives can be used, or any dynamite fuse or caps, gun powder or other explosives.
(Ord. No. C.O. 82-9, § 1, 10-12-82)
ARTICLE I. IN GENERAL – Milan, Michigan – Code of Ordinances
Sec. 13½-6. – Conduct in the parks.
(m)
Firearms, fireworks or dangerous projectiles.
(1)
No person shall have in his or her possession or control any rifle, shotgun, pistol or other firearm, slingshot, bow, arrow, crossbow, pellet gun, air rifle, gas projectile or ejecting devise, fireworks, explosive or other dangerous devices or material or weapon within the boundaries of a park, unless the person can produce the appropriate county, state, or federal permit to carry said device; provided that a local, county, state or federal law enforcement officer may carry a firearm, but only to the extent that said law enforcement officer is required by his or her job to carry such firearm on his or her person at all times.
(2)
Professionally licensed and insured firework displays may be allowed in the park upon approval of the director of parks and recreation, chief of police, and the Milan City Council.
(3)
No person shall throw any stones or other missiles within a park or hit any golf balls or other missiles in any part of the park unless in areas specifically designated for such activity.
ARTICLE VIII. OFFENSES INVOLVING UNDERAGED PERSONS – Milford, Michigan – Code of Ordinances
MILFORD,
ARTICLE VIII. OFFENSES INVOLVING UNDERAGED PERSONS – Milford, Michigan – Code of Ordinances
Sec. 50-256. – BB guns.
It shall be unlawful for any person under 18 years of age to use or possess any handgun designed and manufactured exclusively for propelling BBs not exceeding .177 caliber by means of spring, gas, or air, outside the curtilage of his domicile, unless he is accompanied by a person 18 years of age or over.
(Ord. No. 154, § 34, 4-24-72 eff.)
Charter Township of
MILFORD,
DIVISION 1. GENERALLY Milford Charter Township , Michigan Code of Ordinances
Sec. 18-217. BB guns.
It shall be unlawful for any person under 18 years of age to use or possess any handgun designed and manufactured exclusively for propelling BB’s not exceeding 0.177 caliber by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a person over 18 years of age.
(Code 1992, § 11-208; Ord. No. 108, § 34, 5-9-1972)
State law reference— Similar provisions, MCL 752.891.
DIVISION 1. GENERALLY Milford Charter Township, Michigan Code of Ordinances
Sec. 20-47. Weapons, dangerous items.
No person shall have, in his possession or control, any rifle, shotgun, pistol or other firearms, slingshot, club, blackjack, pellet gun, air rifle, fireworks, explosives or other dangerous substance in Camp Dearborn, unless a duly authorized officer of the law.
(Code 1992, § 12-54; Ord. No. 111, § 3.3, 6-14-1966)
State law reference— Firearms and weapons, MCL 750.222 et seq.
ARTICLE IV. KENSINGTON METROPOLITAN PARK Milford Charter Township, Michigan Code of Ordinances
Sec. 20-139. Weapons, dangerous items.
No person shall have, in his possession or control, any rifle, shotgun, pistol, or other firearm, slingshot, bow, arrow, crossbow, pellet gun, air rifle, noxious gas ejecting devices, fireworks, explosives or other dangerous devices or materials within the boundaries of Kensington Metropolitan Park; provided that a law enforcement officer duly appointed by the United States, the state or by a political subdivision thereof may carry a firearm as required for the performance of his official duties, and may have such possession of other dangerous devices and materials referred to in this section as is necessary for confiscation or removal; and provided, further, bows and arrows may be used as specifically permitted by the authority.
(Code 1992, § 12-131; Ord. No. 107, § 2.3, 5-9-1972; Ord. No. 107-A1, § 2, 5-21-1986)
State law reference— Firearms and weapons, MCL 750.222 et seq.
Charter Township of
MONROE COUNTY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
MONTROSE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
MOORLAND,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
MORENCI,
DIVISION 2. FIREARMS – Morenci, Michigan – Code of Ordinances
Sec. 14-276. – Definitions.
Firearm shall mean any weapon or device from which is propelled any missile, projectile, bullet, shot, pellet or other mass by means of explosives, compressed air or gas or by means of springs, levers or other mechanical device.
Sec. 14-277. – Discharge of firearms using explosives.
No person shall discharge any firearm from which is propelled a projectile by means of explosives, including pistols, revolvers, rifles, shot guns or similar weapons, manual or automatic, within the city with the following exceptions:
(1)
Authorized officers of the law are permitted to discharge their firearms in the performance of their duties.
(2)
A person shall be permitted to discharge any firearm for the protection of his life and his property.
(3)
A person may discharge a firearm for target practice purposes, in a safe manner upon an approved range.
State law reference—Firearms and weapons, MCL 28.421 et seq., 750.222 et seq.
Sec. 14-278. – Discharge of other firearms.
It shall be unlawful for any person to discharge a firearm not covered by section 14-277:
(1)
Within an area of 100 yards from any building, structure or edifice whether occupied or unoccupied;
(2)
Upon any platted land or within 100 yards of any public or private school real property; or
(3)
Upon or across any public road or highway within the city.
Sec. 14-279. – Discharge by minors.
It shall be unlawful for any person under the age of 18 years to use, possess or discharge a firearm unless under the direct supervision and control of and accompanied by a parent, legal guardian or adult authorized by the parent or legal guardian to have direct supervision of the person under the age of 18 years. It shall be the responsibility of every parent, guardian or other person having the physical custody or charge of any minor under the age of 18 years to control the minor and prevent him from violating or attempting to violate any provisions of this division.
State law reference— Similar provisions, MCL 752.891.
Sec. 14-280. – Practice ranges.
After investigation and report by the police department of the city, the council may approve firearms practice ranges, provided the range so approved shall be so constructed as to prevent the escape of projectiles from the specified type of firearms exceeding the physical limits of the approved range. Plans and specifications of the proposed range, together with the types of firearms to be used thereon, shall be submitted to the police department for investigation, report and recommendation. The police department shall make its report and recommend either approval or disapproval of the proposed range or may recommend approval subject to conditions. Upon receipt of such report, the city clerk shall place the matter upon the agenda of the council for action. The council may restrict the hours during which firing shall be done upon any approved range. All shooting on any approved range shall be supervised by at least one adult who shall be thoroughly familiar with the operation of the firearm being used. No firing shall be done except at targets placed in accordance with the plans and specifications approved by the city.
Sec. 14-281. – Intentionally aiming firearm without malice.
It shall be unlawful for any person to intentionally, without malice, point or aim any firearm at or toward any other person.
State law reference— Similar provisions, MCL 750.233.
Sec. 14-282. – Reckless endangerment.
It shall be unlawful for any person to recklessly engage in conduct which places or may place another person in danger of death or serious bodily injury. Recklessness and danger shall be presumed where a person knowingly points a firearm at or in the direction of another, whether or not either person believes the firearm to be loaded.
Sec. 14-283. – Unlawful possession under influence of alcoholic liquor or controlled substances.
It shall be unlawful for any person under the influence of alcoholic liquor or any exhilarating or stupefying substance to carry, have in possession or under control, or use in any manner or discharge any firearm within this city.
State law reference— Similar provisions, MCL 750.237.
Sec. 14-284. – Reckless use.
It shall be unlawful for any person to recklessly or heedlessly or willfully or wantonly use, carry, handle or discharge any firearm without due caution and circumspection for the rights, safety or property of others.
State law reference— Similar provisions, MCL 752.a863.
Sec. 14-285. – Damaging property by negligence.
It shall be unlawful for any person to, because of carelessness, recklessness or negligence, but not willfully or wantonly, cause or allow any firearm under his control to be discharged so as to destroy or injure the real or personal property of another.
State law reference— Similar provisions, MCL 752.862.
Sec. 14-286. – Discharge of weapons.
No person within the city shall discharge any firearm, B-B gun, pellet gun, slingshot, or bow and arrow.
(Code 1963, § 9.32(d))
Sec. 14-287. – Possession of weapons by minors.
No person within the city shall, being under 18 years of age, transport a firearm, B-B gun, pellet gun, slingshot, or bow and arrow off of private property unless accompanied by someone 18 years of age or older, unless he is in possession of a valid hunting license.
(Code 1963, § 9.32(gg)
MOUNT CLEMENS,
20.000 PUBLIC DECENCY AND GOOD ORDER CITY OF MOUNT CLEMENS, MICHIGAN code eff. Oct., 1958; amend. Jan., 1978; amend Dec. 8, 2003. Mount Clemens, Michigan Code of Ordinances
FIREARMS, AIR GUNS; PROHIBITIONS.
A.
It shall be unlawful for any person to discharge any firearm or other instrument producing a like effect and noise within the city, except in the lawful defense of his person or property or as otherwise permitted by law. The provisions of this subsection shall not apply to the Police Department pistol range.
B.
It shall be unlawful for any person to hunt within the city.
C.
It shall be unlawful for any person, except Police Officers or any person duly licensed by law, to carry any loaded firearm within the city.
D.
It shall be unlawful for any person to discharge any air gun within the city except on an indoor target range; provided, that this provision shall not apply whenever air guns using only B.B. shot are used on premises with the consent of the owner or occupant of such premises.
E.
It shall be unlawful for any owner or occupant of premises within the city to permit the use of any air gun using B.B. shot upon his premises by any other person, unless such use is personally supervised by some person 17 years of age or older.
(code eff. Oct., 1958; amend. Jan., 1978)
35.230 HUNTING AND TRAPPING Mount Clemens, Michigan Code of Ordinances
PROHIBITIONS—GENERALLY.
In the interest of public health and safety and the general welfare of the citizens of the city, it shall be unlawful for any person, except as specified as an exception:
(1)
To hunt or pursue any animal or wildlife at any time within the limits of the city by means of a firearm, either handgun or rifle, or by any weapon or explosive device, including air rifles, spring guns, bow and arrow, slingshot or by any other instrument potentially dangerous to human safety.
(2)
To trap or snare any animal or wildlife at any time within the limits of the city by means of a steel leg trap, wire snare, pit, net, baited hook, weighted log, wire cage or any other kind of trapping device.
(3)
To use poison or a chemical by itself or in bait or feed to attract and kill wildlife.
(ord. eff. Sept. 14, 2001)
35.232 Sec. 2.
SAME—EXCEPTIONS.
Any prohibition against hunting or trapping made under this article shall not apply to:
(1)
State or local law enforcement officers in the discharge of their official duties.
(2)
Any governmental official, when such hunting or trapping is necessary or incident to a scientific or biological survey or when related to any aspect of wildlife management and control.
(3)
Any property owner or his designated agent who hunts or traps on his own private property to destroy or control any rodent or any damaging wildlife for the protection of his property.
(ord. eff. Sept. 14, 2001)
Charter Township of
MUNDY, GENESEE COUNTY,
ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY – Mundy Charter Township, (Genesee Co.), Michigan – Code of Ordinances
Sec. 18-131. – Firearms and BB guns.
(a)
Definitions.
BB gun means a smooth-bore rifle or handgun which is designed and manufactured exclusively for propelling by spring, or by gas or air, BBs not exceeding .177 caliber.
Firearm means a weapon or device from which a projectile may be propelled by an explosive, or by gas or air. It does not include a BB gun, as herein defined.
Occupied building means any structure or facility in which one or more individuals are normally present during the course of the day, including, but not limited to, a residence, commercial business, school or church. It is not necessary to prove that an individual was physically present in the building at the time of any alleged violation.
Safety zone means all areas within 150 yards of an occupied building, house, cabin, barn or other building used in a farm operation, a park or an open air facility at which individuals are likely to gather.
School means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade one through 12, or any other educational facility.
School property means a building, playing field, or property used for school purposes to impart instruction or used for functions and events sponsored by a school.
(b)
Violations of state law. Any person who shall use, carry, handle or discharge any firearm in violation of any state statute, specifically including MCL 750.222 through and inclusive of MCL 750.237, shall be considered to also have violated this article. Such conduct, as described in said statutes, is prohibited.
(c)
Discharge of firearms.
(1)
No person shall discharge any firearm or BB gun in such a manner that causes a projectile to cross over a property line onto the property of another without the written permission of the owner or occupant of the other property.
(2)
No person shall engage in target shooting with any firearm or BB gun unless there is a suitable backstop to stop and contain any projectiles, or parts thereof, fired as a result of the discharge of the firearm or BB gun.
(3)
No person shall discharge any firearm within a safety zone without the written permission of the owner or occupant of such safety zone.
(4)
No person shall discharge any firearm upon any property comprising part of a platted subdivision, condominium development, or apartment development, including any open space used for recreational purposes or maintained as what is commonly referred to as a “green space”.
(5)
No person shall discharge any firearm within 150 yards of any property comprising part of a platted subdivision, condominium development, or apartment development, including any open space used for recreational purposes or maintained as what is commonly referred to as a “green space”.
(6)
No person shall discharge any firearm within 150 yards of any parcel of property comprising a park, school, school property, or containing a church, playground, or recreational facility.
(7)
The above subsections (3), (4), (5), and (6) do not apply to the discharge of a firearm in a properly constructed indoor firearms shooting range facility.
(8)
The provisions of this section do not apply to:
a.
Any law enforcement officer of the United States, this state, or a political subdivision of the state in the performance of their duties.
b.
Members of the armed forces of the United States in the performance of their duties.
c.
Any person lawfully acting in self-defense.
(d)
Forfeiture of firearms or BB guns. All firearms or BB guns possessed or used contrary to this article are hereby declared forfeited to the Charter Township of Mundy and shall be turned over to the chief of police, or his designated representative, for such disposition as the police chief may prescribe.
(e)
Disposition of seized firearms or BB guns.
(1)
Before a firearm or BB gun is turned over for disposal under subsection (d), the police department shall determine if there is a known legal owner of the firearm or BB gun and whether the firearm or BB gun has been reported stolen. If it is determined that a serial number has been eradicated from a firearm, the police department shall submit the firearm to the department of state police, or a forensic laboratory for serial number restoration to determine legal ownership. In making the determination of ownership required under this section, the police department shall review information contained in the law enforcement information network and examine police agencies’ stolen property reports. If the police department determines that the firearm is stolen, the department shall notify the agency reporting the firearm was stolen, and return the firearm to that police agency at the conclusion of the criminal case. That agency shall comply with state law relative to disposition of that firearm.
(2)
If the owner is not alleged to have been involved in the violation for which the forfeiture is required, or did not knowingly allow the firearm or BB gun to be possessed illegally, notification should be given at the conclusion of the criminal case but not later than 90 days before the firearm or BB gun is disposed of under the above subsection (d). Notification under this section may be given by certified mail, sent to the owner’s last known address, or by personal contact with the owner.
(3)
The police department shall return a firearm or BB gun to its owner, if the owner claims the firearm or BB gun within the notification period, and the police department determines that the owner was not involved in the violation for which the firearm or BB gun was seized. Except as otherwise provided in subsection (b) above, a firearm or BB gun shall be returned under this section within 30 days after the firearm or BB gun is claimed by the owner, unless the owner is prohibited from possessing a firearm under state or federal law.
(4)
An individual claiming ownership of a firearm or BB gun may petition the circuit court for a return of a firearm or BB gun under this section, if the return of the firearm or BB gun is denied by the police department, or if the firearm or BB gun is not returned within 30 days as required under subsection (3) above. The police department shall not dispose of a firearm or BB gun until the expiration of the 30-day period, or, if a petition is filed under this subsection, until permitted to do so by the court.
(5)
The police department that seizes a firearm or BB gun for forfeiture under this article shall exercise reasonable care to protect the firearm from loss or damage while the firearm or BB gun is in its custody.
(6)
The police department shall otherwise comply with Michigan and Federal law, relative to any firearm seized, pursuant to this article.
(Ord. No. 220, §§ I—V, 6-8-2009)
Sec. 30-449. – Commercial recreation (outdoor).
Outdoor commercial recreation uses shall include, but need not be limited to, the following: miniature golf; animal racing, go-cart, automobile or motorcycle tracks; amphitheaters; amusement parks; drive-in theaters; air gun or survival games; campgrounds (including youth camps, religious retreats and hunting camps), recreational vehicle parks or travel trailer parks; resorts; fairgrounds; batting cages; ski slopes; skate board parks; flea markets; uses similar to the above uses; and, uses accessory to the above uses, such as refreshment stands, retail shops selling items related to the above uses, maintenance buildings, offices for management functions, spectator seating and service areas, including locker rooms and rest rooms.
MUSKEGON HEIGHTS,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
NEW BALTIMORE,
DIVISION 4. RECREATIONAL ACTIVITIES – New Baltimore, Michigan – Code of Ordinances
Sec. 34-155. – Firearms and dangerous instruments.
(a)
No person, except an authorized city employee, park guard, or law enforcement officer, shall bring onto park property or have in his possession on park property any:
(1)
Explosive, dynamite cap, or fireworks unless such fireworks are authorized and permitted by approval through the mayor.
(2)
Air gun, pellet gun, spring gun, slingshot, crossbow, bow and arrow, or similar device intended to eject a projectile other than a firearm.
(3)
Device by means of which a projectile can be propelled other than a firearm.
(4)
Trapping device.
(5)
Incendiary bomb or material.
(6)
Smoke or stink bomb.
(7)
Tear gas or other disabling chemical or agent other than a lawful agent of a size and quantity marketed and sold for personal use in lawful self-defense.
(8)
Acid or caustic substance.
(9)
Flammable liquid except fuel contained in a fuel tank of a motor vehicle, vessel, lantern, camp stove, camp heater and not more than one gallon of liquid fuel in a closed metal container other than fuel for a motor vehicle or vessel in a tank permanently attached to the vehicle or vessel.
(b)
No person shall discharge any of the weapons or instruments listed in subsection (a) of this section into any park from outside a park. No person shall discharge a firearm within a park or into a park unless in lawful self-defense or, lawful defense of others.
(c)
The director of parks and recreation may designate areas within the park where bows and arrows may be used. In such cases, the director of parks and recreation shall promulgate regulations for the use and discharge of such devices.
(Code 1981, § 3.27; Ord. No. 172, § 1, 2-28-2011)
NEWAYGO,
ARTICLE IV. OFFENSES AGAINST PUBLIC PEACE, ORDER AND SAFETY – Newaygo, Michigan – Code of Ordinances
Sec. 42-106. – Discharge of weapons.
(a)
No person shall discharge any firearm, air rifle, air pistol or bow and arrow.
(b)
In the interest of public health and safety and the general welfare of the citizens of the City of Newaygo, it shall be unlawful for any person:
(1)
To hunt or pursue any animal or wildlife within the city limits by means of a firearm, either handgun or rifle, or by any weapon or explosive device, including air rifles, spring guns, bow and arrow, slingshot or by any other instrument potentially dangerous to human safety.
NILES,
DIVISION 1. GENERALLY – Niles, Michigan – Code of Ordinances
Sec. 58-104. – BB gun; use by minors, prohibition, exception.
No person under 18 years of age shall use or possess any gun designed and manufactured exclusively for propelling BBs not exceeding 0.177 caliber by means of spring, gas or air, outside his dwelling unless he is accompanied and supervised by a person of adult age.
(Code 1985, § 15-111)
State law reference— Similar provisions, MCL 750.891.
Charter Township of
NILES, BERRIEN COUNTY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
NORTH MUSKEGON,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
NORTHVILLE,
DIVISION 1. GENERALLY Northville, Michigan Code of Ordinances
Sec. 54-185. Air-guns, slingshots or pellet guns; minors use or possession.
(a)
Use or possession by minors. It shall be unlawful for any minor under the age of 18 years to use or have in his possession, unless accompanied by his parent or guardian or other authorized person, an air-gun, slingshot or pellet gun. Any police officer shall have the authority and it shall be his duty to confiscate such air-gun, slingshot or pellet gun found in the possession of any minor under the age of 18 years not accompanied by a parent or guardian or other authorized person.
(b)
Duty of parents and guardians. It shall be unlawful for the parents or guardian of any such minor in his charge or custody to knowingly permit any such minor to use or have in his possession, when not properly accompanied, an air-gun, slingshot or pellet gun.
(c)
Sales to minors. It shall be unlawful for any person, or his agents or employees, to sell, offer for sale, give away or distribute an air-gun, slingshot or pellet gun to any minor under the age of 18 years.
(Code 1980, § 8-113)
NORTON SHORES,
ARTICLE I. IN GENERAL Norton Shores, Michigan Code of Ordinances
Sec. 22-1. Disorderly conduct.
(b)
Acts prohibited. No person shall commit any of the following acts:
(1)
Commit an assault or an assault and battery on any person;
(2)
Be intoxicated in any public place and either endangering directly the safety of another person or of property, or acting in a manner that causes a public disturbance;
(3)
Engage in any obscene conduct in any public place;
(4)
Discharge any firearm, air rifle, air pistol or pellet gun or hunt with any firearm, air rifle, air pistol or pellet gun in the city, except when lawfully acting in the defense of persons or property or the enforcement of law, or at a duly established range the operation of which has been approved by the city council and upon recommendation of the chief of police; however, this section shall not apply to lawful hunting or target practice conducted in this area within the following boundaries:
a.
The east line of Henry Street extended south to the southern boundary of the city from Henry Street extended east to Harvey Street;
b.
The west line of Harvey Street from the southern boundary of the city north to Sternberg Road;
c.
The south line of Sternberg Road from Harvey Street west to Grand Haven Road;
d.
The east line of Grand Haven Road south from Sternberg Road to Mt. Garfield Road; and
e.
The south line of Mt. Garfield Road west from Grand Haven Road to Henry Street;
(5)
Fire, discharge, display or possess any fireworks except of the type and under the conditions permitted by state law (MCL 28.451 et seq.)
(6)
Engage in peeping in the windows of an inhabited place where the occupant has a reasonable expectation of privacy;
(7)
Bathe in any body of water in a public place in the nude;
(8)
Use any fighting words directed toward any other person;
(9)
Urinate in a public place except into an authorized receptacle intended for such use;
(10)
Engage in any disturbance, fight or quarrel in a public place;
(11)
Jostle or roughly crowd persons in any street, alley, park or public building;
(12)
Engage in any act of prostitution;
(13)
Attend, frequent, operate or be an occupant or inmate of any place where prostitution; gambling; the illegal sale of intoxicating liquor, drugs or other prohibited substances or any other illegal business or occupation is permitted or conducted with intent to participate in said illegal businesses or occupation; aid or abet the commission of said illegal business or occupation; or acquire, purchase or use said illegally sold intoxicating liquor, drugs or other prohibited substance;
(14)
Engage in gambling, the illegal sale of intoxicating liquor or any other illegal business or occupation;
(15)
Solicit or accost any person for the purpose of inducing the commission of any illegal act;
(16)
Disturb or break the public peace, disturb the quiet of a neighborhood by loud or boisterous conduct or use any machine or motor vehicle in such a way as to cause loud or boisterous and excessive noise or for the owner, manager or agent of the owner or person in charge of any premises to knowingly permit or knowingly permit to be continued a disturbance or breach of the public peace, disturbance of the quiet of the neighborhood by loud or boisterous conduct or the use of any machine or motor vehicle in such a way as to cause loud, boisterous and excessive noise as follows:
a.
Exceptions. None of the prohibitions herein shall apply to or be enforced against:
1.
Any authorized emergency vehicle when responding to an emergency call;
2.
Necessary excavations, maintenance or repairs of bridges, streets or highways by or on behalf of the city, county or state during the night, when the public safety, welfare and convenience renders it impossible to perform such work during the day;
3.
The reasonable use of stationary amplifiers or loud speakers in the course of public addresses which are noncommercial in character;
4.
Special events permitted by the city.
NORWAY,
ARTICLE II. OFFENSES AGAINST PUBLIC SAFETY – Norway, Michigan – Code of Ordinances
Sec. 22-31. – Use of firearms.
(a)
Firearms shall include all rifles, shotguns, pistols and other devices for the firing of any type of projectiles by means of explosive powder and shall also include air rifles, B-B guns, bows and other devices for firing of any type of projectile by means of springs, air power or other means.
(b)
No person shall discharge any firearms or hunt within the designated area of the city as defined by the shaded area of the map on file in the office of the city clerk or on the city’s web site, except law enforcement officers in the performance of their lawful duties.
(c)
Any person desiring an exemption for the use of firearms within the city for a rifle range, trap shooting range, or similar use shall make application for such exemption to the city manager and/or his designee, who shall review said exemption request and then make his recommendations to the city council. The city council shall determine whether or not such exemption shall be granted.
(Ord. No. 337, 3-20-1995)
Township of
NOTTAWA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
NOVI,
DIVISION 2. WEAPONS Novi, Michigan Code of Ordinances
Sec. 22-126. Definition.
The word “firearm” as used in this division shall be construed to include any weapon from which a projectile, dangerous to person or property, may be propelled by using explosives, gas or air as a means of propulsion.
(Ord. No. 78-23.02, § 5.01(A), 6-5-78; Ord. No. 85-23.07, Pt. I, § 5.01(A), 11-4-85)
Cross reference— Definitions and rules of construction generally, § 1-2.
Sec. 22-128. Carrying concealed weapons.
It shall be unlawful for any person in the city to wear under his clothes or conceal about his person, any dangerous or deadly weapon including, but not by way of limitation, any firearm, sling shot, cross-knuckles, or knuckles of lead, brass or other metal or any bowie-knife, or any knife with a switch-blade or device whereby the blade or blades can be opened by a flick or button, pressure on the handle, or other mechanical contrivance, or any folding knife, including straight razors, where the blade is by length greater than three and one-half (3½) inches.
State law reference— Carrying concealed weapons without license, MCL 750.227, MSA 28.424.
Sec. 22-129. Possession of dangerous or deadly weapons; transportation of firearms.
(a)
It shall be unlawful for any person in the city to:
(1)
Have in his possession, except within his own domicile, or carry or use an air-gun, BB gun, gas-operated gun or spring gun, or any instrument or weapon commonly known as a pea shooter, sling shot, wrist rocket sling shot, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name;
(2)
Have in his possession, except within his own domicile, or carry or use any other deadly weapon, the primary purpose or use of which is as a weapon capable of inflicting death or serious physical injury, including, but not limited to, all of the following:
a.
A knife which has a blade that is released from the handle or sheath by the force of gravity or the application of centrifugal force, and if released is locked in place by means of a button, spring, lever, or other device;
b.
A knife which has a blade that opens automatically by hand pressure applied to a button, spring, or other device;
c.
A shuriken or other similar multi-pointed or star-shaped object made from a hard substance and designed or intended for use as a weapon capable of inflicting bodily harm when propelled or thrown by human force;
d.
A tekagi, shuko, or other similar object made of a hard substance and designed or intended for use as a weapon capable of inflicting bodily harm when attached to or fitted upon the hand and propelled by human force;
e.
A nunchaku, zoobow, klackers, kung fu sticks, flail sticks, or other similar objects consisting of two (2) lengths of metal, wood, plastic, or other hard substance connected at one (1) end and designed or intended for use as a weapon capable of inflicting bodily harm when propelled by human force;
f.
A shinobi-zue or other staff, stick, or pole concealing a knife or blade which may be exposed by a flip of the wrist or by a mechanical device;
g.
A manrikigusari or other object consisting of a length of rope, chain, leather, cord, or flexible substance, having one (1) or more weighted ends and designed or intended for use as a weapon capable of inflicting bodily harm when propelled by human force;
h.
A sword cane, umbrella sword cane, or similar device;
i.
A blowgun or other object consisting of a pipe or tube through which darts, pellets or other missiles may be propelled by a person’s breath.
(3)
Transport in any public place, or have in possession in or upon any vehicle, any of the items listed in subsections (a)(1) or (a)(2), unless the same be carried in the luggage compartment of the vehicle.
(4)
Carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law, or, if licensed, carry the pistol in a place or manner inconsistent with any restrictions upon such license.
(5)
Transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel a firearm, other than a pistol, unless the firearm is unloaded and is one (1) or more of the following:
a.
Taken down;
b.
Enclosed in a case;
c.
Carried in the trunk of the vehicle;
d.
Inaccessible from the interior of the vehicle.
(6)
Discharge a pistol or other firearm, or fire or launch a projectile from a bow or similar device, within the jurisdiction of the City of Novi.
(7)
a.
The prohibition in subsection (a)(1) of this section shall not apply to activities conducted at shooting galleries and ranges, or archery ranges, provided that such facilities are licensed and in compliance with all provisions of applicable state laws and this Code. The prohibition of subsection (a)(1) of this section shall not apply to the transportation of items pursuant to subsections (a)(3) and (a)(4) of this section or as otherwise authorized under applicable state laws.
b.
The prohibition in subparts (a)(2)c. through (a)(2)i. shall not apply to a person on the premises of a business which teaches the art of self-defense, nor to a person transporting such a weapon between his domicile and such a business provided the weapon is transported in accordance with subsection (a)(3).
c.
The prohibition in subsection (a)(6) of this section shall not apply to the discharge of a firearm at a shooting range, provided that such facilities are licensed and in compliance with all provisions of applicable state laws and this Code. The prohibition in subsection (a)(6) of this section shall not apply to the discharge of a firearm consisting solely of a blank charge without projectile, when the discharge is made as part of an historical reenactment, memorial service or similar ceremony, provided such discharge is obtained in advance from the chief of police or his designee, who shall review such request and determine whether the proposed discharge is safe with regard to time, location as compared to adjacent or nearby uses, duration, and proposed precautions against injury.
(Ord. No. 70-10, §§ 1.01, 2.01, 1-26-70; Ord. No. 78-23.02, § 5.01(B)(2), (3a), 6-5-78; Ord. No. 85-23.07, Pt. I, § 5.01(B)(2), (3), 11-4-85; Ord. No. 92-23.10, Pt. I, 8-24-92; Ord. No. 94-23.13, Pt. I, 10-3-94; Ord. No. 12-23.28, Pt. I, 9-25-12)
Sec. 22-130. Minors.
It shall be unlawful for any person to sell a firearm to an individual under eighteen (18) years of age or for a person under eighteen (18) years of age to purchase, carry or transport a firearm.
(Ord. No. 78-23.02, § 5.01(B)(4), 6-5-78; Ord. No. 85-23.07, Pt. I, § 5.01(B)(2d.), 11-4-85)
Cross reference— Offenses pertaining to under-aged persons, § 22-216 et seq.
Sec. 22-131. Shooting ranges.
(a)
No shooting range shall be operated within the city unless a license is procured from the city clerk. No license for the operation of a shooting range shall be issued by the city clerk until there is paid into the city treasury a license fee as set by resolution of the council, and until the issuance of such license shall have been approved by the chief of police on a reasonable showing that the operation of the shooting range will be properly supervised and will not constitute a danger to life and property. Any license issued shall be valid only for one (1) year from date of issuance, unless revoked. Renewal licenses shall be applied for and issued as above provided, upon payment of the license fee.
(b)
The council may in its judgment and discretion, revoke any license issued under the provisions of this section, upon request of the chief of police, or upon complaint formally made by any other person.
(Ord. No. 70-10, §§ 4.01, 5.01, 1-26-70)
Cross reference— Business registration, Ch. 8.
Sec. 22-132. Disposition of confiscated weapons.
The police department, upon making any arrests and taking a weapon used in violation of this division, shall retain possession of such weapon for a time period sufficient to notify the owner of the confiscated weapon, as provided in section 22-133, below. The retention, disposition and forfeiture of confiscated weapons by the police department shall be in compliance with MCL 750.239a.
(Ord. No. 78-23.02, § 5.01(B)(5), 6-5-78; Ord. No. 85-23.07, Pt. I, § 5.01(B)(5), 11-4-85; Ord. No. 98-23.16, Pt. I, 4-20-98)
Sec. 22-133. Forfeiture of weapons.
All weapons carried, possessed or used contrary to this division are hereby declared forfeited to the city. This forfeiture shall not apply to the owner if the owner is not alleged to have been involved in the violation for which forfeiture is required or did not knowingly allow the weapon(s) to be possessed illegally. Notification shall be given to the owner at the conclusion of the criminal case stating that the owner has ninety (90) days to claim the weapon. Notification under this section may be given by certified mail sent to the owner’s last known address, or by personal contact with the owner. The police department shall return a weapon to its owner if the owner claims the weapon within the notification period and the police department determines that the owner was not involved in the violation for which the weapon was seized. A weapon shall be returned under this subsection within thirty (30) days after the weapon is claimed by the owner unless the owner is prohibited from possessing a weapon under state or federal law.
(Ord. No. 78-23.02, § 5.01(B)(6), 6-5-78; Ord. No. 85-23.07, Pt. I, § 5.01(B)(6), 11-4-85; Ord. No. 98-23.16, Pt. II, 4-20-98)
DIVISION 1. GENERALLY Novi, Michigan Code of Ordinances
Sec. 25-63. Firearms and fireworks.
It shall be unlawful for any person to bring into any park or have in his possession in any park:
(1)
Any firearm as defined in Act No. 189 of the Public Acts of Michigan of 1959 (MCL 8.3t, MSA 2.212(20)), as amended, BB gun, pellet gun, air gun, spring gun, slingshot, bow, or other weapon from which a dangerous projectile may be propelled by explosives, spring, gas or air, except as otherwise expressly authorized by law;
(2)
Any starter pistol or other device from which blank cartridges may be discharged; or
(3)
Any fireworks as defined in the Michigan Fireworks Safety Act, Act 256 of 2011, Section 28.452, as amended.
(Ord. No. 83-113, § 7.01, 7-11-83; Ord. No. 12-113.03, Pt. I, 6-18-12)
Cross reference— Fireworks generally, § 22-112; weapons generally, § 22-126 et seq.
OAK PARK,
DIVISION 2. WEAPONS Oak Park, Michigan Code of Ordinances
Sec. 50-286. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm means any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
(Code 1973, § 30-105)
Cross reference— Definitions generally, § 1-2.
Sec. 50-291. BB guns; use by minors; prohibition; exception.
No person under 18 years of age shall use or possess any handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 caliber by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a person over 18 years of age.
(Code 1973, § 30-110)
State law reference— Similar provisions, MCL 752.891.
CITY OF ORCHARD LAKE VILLAGE,
ARTICLE X. WEAPONS – Orchard Lake Village, Michigan – Compilation-General Ordinances
9.06.159 – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm, except as otherwise specifically provided in this division, means any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
(ord. no. 9.06[A] eff. Feb. 5, 2012)
9.06.161 – Confiscation of firearms.
All weapons, guns, pistols, firearms, knives, dirks, razors, stilettos, or any other sharp-edged or pointed instruments, or weapons carried, possessed or used contrary to this division are hereby declared forfeited to the city.
(ord. no. 9.06[A] eff. Feb. 5, 2012)
9.06.162 – Discharge.
No person shall discharge any firearm, air rifle or air pistol in the city, except when lawfully acting in the defense of persons or property or the enforcement of law or at a duly established range, the operation of which has been approved by the commission.
(ord. no. 9.06[A] eff. Feb. 5, 2012)
9.06.163 – Possession.
(a)
No person shall, except as provided in subsection (b) of this section, possess a firearm on the premises of any of the following:
(1)
A depository financial institution or a subsidiary or affiliate of a depository financial institution.
(2)
A church or other house of religious worship.
(3)
A school.
(4)
A court.
(5)
A theater.
(6)
A sports arena.
(7)
A day care center.
(8)
A hospital.
(9)
An establishment licensed under the state liquor control act, Act No. 8 of the Public Acts of the State of Michigan of 1933, Extra Session (MCL 436.1 et seq.).
(b)
This section does not apply to any of the following:
(1)
A person who owns or is employed by or contracted by an entity described in subsection (a) of this section if the possession of that firearm is to provide security services for that entity.
(2)
A peace officer.
(3)
A person licensed by this state or another state to carry a concealed weapon.
(4)
A person who possesses a firearm in a school for purposes of providing or receiving instruction in firearms safety.
(5)
A person who possesses a firearm on the premises of an entity described in subsection (a) of this section if that possession is with the permission of the owner or an agent of the owner of that entity.
(c)
A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00 or both.
(ord. no. 9.06[A] eff. Feb. 5, 2012)
9.06.164 – Brandishing.
(a)
No person shall, except as provided in subsection (b) of this section, knowingly brandish a firearm in public.
(b)
Subsection (a) of this section does not apply to any of the following:
(1)
A peace officer lawfully performing his duties as a peace officer.
(2)
A person lawfully engaged in hunting.
(3)
A person lawfully engaged in target practice.
(4)
A person lawfully engaged in the sale, purchase, repair, or transfer of that firearm.
(c)
A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00 or both.
(ord. no. 9.06[A] eff. Feb. 5, 2012)
9.06.165 – Hunting within city prohibited.
It shall be unlawful for any person within the city to hunt wild game, or in any manner carry any gun, weapon or firearm within the city for the purpose of hunting any wild game or fowl at any time.
(ord. no. 9.06[A] eff. Feb. 5, 2012)
State law reference— Game law, MCL 311.1 et seq.
12.11.00 ORCHARD LAKE NATURE SANCTUARY CITY OF ORCHARD LAKE VILLAGE COUNTY OF OAKLAND, STATE OF MICHIGAN ord. no. 12.11 eff. Sep
12.11.02 – Rules and regulations.
K.
Dangerous or obnoxious materials or equipment:
1)
No person shall deposit, throw, place or otherwise abandon in or on any lands or water areas within the boundaries of the park any garbage, sewage, bottles, refuse, trash, waste or other obnoxious materials.
2)
No person shall have in his possession or in his control any firearm, shotgun, pistol, or other firearm, slingshot, bow, arrow, crossbow, pellet gun, air rifle, noxious gas ejecting devices, fireworks, explosive, or other dangerous devices or materials within the boundaries of the park; provided that a law enforcement officer duly appointed by the United States, the state or by a political subdivision thereof may carry a firearm as required for the performance of his official duties, and may have such possession of other dangerous devices and materials referred to herein as is necessary for confiscation or removal.
OSHTEMO,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
OTSEGO,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
OVID,
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY – Ovid, Michigan – Code of Ordinances
Firearm means any weapon or device from which is propelled any missile, projectile, bullet, shot, pellet or other mass by means of explosives, compressed air or gas or by means of springs, levers or other mechanical device, and includes bows and arrows.
(b)
No person shall discharge any firearm from which is propelled a projectile including pistols, revolvers, rifles, shot guns or similar weapons or bows and arrows, manual or automatic, within the village with the following exceptions:
(1)
Authorized officers of the law are permitted to discharge their firearms in the performance of their duties.
(2)
A person shall be permitted to discharge any firearm for the protection of his life and his property.
(3)
A person may discharge a firearm for target practice purposes, in a safe manner upon an approved range.
(Ord. No. 68, § 2, 11-15-76)
State law reference— Firearms and weapons, MCL 28.421 et seq., 750.222 et seq.
OWOSSO,
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY Owosso, Michigan Code of Ordinances
Sec. 19-129. Discharge of weapons.
It shall be unlawful for any person to discharge any firearm, air rifle, air pistol, bow and arrow, sling shot or wrist rocket within the city unless part of an exposition, tournament or range under adult supervision after issuance of a permit by the police department.
(Code 1977, § 9.162(4); Ord. No. 720, §§ 1, 2, 3-21-11)
OXFORD,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
Charter Township of
OXFORD,
ARTICLE II. PUBLIC CONDUCT IN PARKS – Oxford Charter Township, (Oakland Co.), Michigan – Code of Ordinances
Sec. 34-40. – Firearms and other weapons, explosives and dangerous substances.
No person shall have in his possession or control any rifle, shotgun, pistol or other firearm, slingshot, pellet gun, air rifle, explosives or other dangerous substances within any park.
(Ord. No. 56, § 9, 5-13-1981) ;rn0;2; Weapons, § 30-241 et seq.
PARCHMENT,
ARTICLE II. FIREARMS, FIREWORKS, EXPLOSIVES – Parchment, Michigan – Code of Ordinances
Sec. 30-11. – Shooting or discharging firearms prohibited.
It shall be unlawful for any person or persons to shoot or discharge any sling shot, air gun, air rifle, pistol, revolver, shotgun, rifle, or other gun, firearm or weapon within the Limits of the City of Parchment.
(Ord. No. 22, § 1, 11-2-59)
ARTICLE IV. PARKS AND OTHER PUBLIC PLACES – Parchment, Michigan – Code of Ordinances
Sec. 42-151. – City parks regulations.
The following actions in a park shall be deemed violations of this article:
(a)
No person shall possess nor use any bows, cross bows, bb guns, pellet guns, air rifles, paintball guns, airsoft guns or slingshots. No person shall hunt except as may be authorized by the city manager for the control of nuisance animals. No person shall trap or target shoot. No person shall discharge any firearms except law enforcement officers or as otherwise provided herein.
PARK TOWNSHIP,
DIVISION 2. WEAPONS – Park Township, (Ottawa Co.), Michigan – Code of Ordinances
Sec. 22-154. – MAC R 317.170.1 hunting prohibition.
Hunting for any wild animal or wild bird with a firearm, pellet gun, air rifle, spring propelled BB gun or bow and arrow, or the discharge of a firearm, pellet gun, air rifle, spring propelled BB gun or bow and arrow is prohibited in the east half of the southeast quarter of section 22, the township, Ottawa County, and all of the township south of Ottawa Beach Road, except that hunting for waterfowl on Lake Macatawa is permitted lakeward from the water’s edge and a resident may hunt waterfowl from the upland of the premises where he is regularly domiciled. A resident may target practice with a firearm, pellet gun, air rifle, spring propelled BB gun or bow and arrow on premises where he is regularly domiciled.
(Ord. of 6-15-1970, § 1)
Township of
PAVILION,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
PAW PAW,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
TOWNSHIP OF
PAW PAW,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
Charter Township of
PENNFIELD,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
Charter Township of
PERE MARQUETTE,
ARTICLE II. PUBLIC CONDUCT IN PARKS Pere Marquette Charter Township, (Mason Co.), Michigan Code of Ordinances
Sec. 22-35. Firearms and weapons.
Except as otherwise provided in section 22-38, it shall be unlawful for any person to:
(1)
Discharge a firearm of any kind or description;
(2)
Shoot and/or discharge an air gun, gas gun, spring-loaded gun or slingshot; or
(3)
Shoot with a bow and arrow, except during established hunting seasons on lands open to hunting. This provision does not apply to a target range or archery range officially established by the township park commission or to an officially sanctioned field trial.
(Ord. No. 11, § 6.01, 9-11-1975)
PETOSKEY,
ARTICLE VIII. WEAPONS – Petoskey, Michigan – Code of Ordinances
Sec. 12-135. – Definition.
For the purposes of this article, the word “firearms,” except as otherwise specifically defined in this Code, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
Sec. 12-141. – BB guns; use by minors, prohibition, exception.
No person under 18 years of age shall use or possess any handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 caliber by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a person over 18 years of age.
State law reference— Similar provisions, MCL 752.891.
PIGEON,
DIVISION 2. WEAPONS – Pigeon, Michigan – Code of Ordinances
Sec. 50-46. – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm means any weapon or device from which is propelled any missile, projectile bullet, shot, pellet or other mass by means of explosives, compressed air or gas or by any means of springs, levers or other mechanical devices.
(Comp. Ords. 1983, § 20.261)
Cross reference— Definitions generally, § 1-2.
Sec. 50-47. – Discharge of firearm, weapon, explosive.
It shall be unlawful for any person to discharge a firearm of any name or nature, including any air gun, spring gun, crossbow or other dangerous weapon or instrument or to discharge any explosive of any nature within the corporate limits of the village.
(Comp. Ords. 1983, § 20.262)
State law reference— Firearms and weapons, MCL 28.421 et seq., 750.222 et seq., MSA 28.91 et seq., 28.419 et seq.
PITTSFIELD CHARTER TOWNSHIP,
ARTICLE II. USE OF PARKS – Pittsfield Charter Township, Michigan – Code of Ordinances
Sec. 16-39. – Firearms, weapons and explosives.
It shall be unlawful to bring into, possess, discharge, or use within a park, or discharge into or over a park, any bow and arrow, slingshot, airsoft gun, paint ball gun, trap, fireworks or explosive, except as otherwise authorized by law. It shall be unlawful to discharge or use within a park, or discharge into or over a park, any rifle, shotgun, pistol, pellet gun, air rifle, or other firearms, except as otherwise authorized by law.
(Ord. No. 280, eff. 9-22-2009)
ARTICLE II. NOISE – Pittsfield Charter Township, Michigan – Code of Ordinances
Sec. 8-32. – Specific acts prohibited.
Each of the following acts is declared unlawful and prohibited, but this enumeration shall not be deemed to be exclusive:
(8)
The firing of firearms, air guns, or other combustible substances for the purpose of making a noise or disturbance.
PLAINFIELD CHARTER TOWNSHIP,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
PLYMOUTH,
Firearm means any device or part of a device by whatever name known, which is designed to or may be readily converted to expel a projectile or projectiles by the action of any explosive expansion of gas or air, or escape of gas or air, excluding however: (1)
Any device used exclusively for the firing of stud cartridges, explosive rivets, or similar industrial ammunition.
(2)
Any device which expels a projectile by the action of a spring.
(3)
Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard, the Interstate Commerce Commission, the Federal Aviation Agency or (the appropriate state agencies governing marine, air or highway safety).
Longarm means any rifle, shotgun or firearm, over 30 inches in overall length.
(Code 1982, § 9.131)
Cross reference— Definitions generally, § 1-2.
Sec. 54-206. Discharge of firearms.
No person shall discharge any firearm in the city, except when lawfully acting in the defense of persons or property or the enforcement of law or at a duly established range, the operation of which has been approved by the city commission.
(Ord. No. 92-4, § 3(9.122(6)), 2-18-92)
Sec. 54-207. Injury by discharging of firearm or longarm.
It shall be unlawful for any person within the city to maim or injure any other person by the discharge of any firearm or longarm unintentionally, without malice, at any such person.
(Code 1982, § 9.133(5))
Sec. 54-208. Possession or control of firearm while intoxicated.
It shall be unlawful for any person within the city, while under the influence of an intoxicating liquor, or controlled substance, to carry, have in his possession or control, use in any manner, or discharge any firearm or longarm.
(Code 1982, § 9.133(6))
PONTIAC,
DIVISION 2. WEAPONS – Pontiac, Michigan – Code of Ordinances
Sec. 86-266. – Definitions.
Firearm means any weapon, by whatever name known, or the barrel, receiver or any part of the firing mechanism of such weapon, which is designed to or may be readily converted to eject or propel a dangerous projectile by using explosives, gas or air as a means of propulsion, except any smooth-bore rifle or handgun designed and manufactured exclusively for propelling BBs not exceeding .177 caliber by means of springs, gas or air.
Unserviceable firearm means a firearm which is incapable of discharging a projectile by means of an explosive, gas or air and incapable of being readily restored to a firing condition.
Sec. 86-267. – Concealed weapons prohibited.
No person except officers of the peace, night watches legitimately employed as such or any other person authorized by law shall go armed with a firearm or dangerous or deadly weapon or instrument concealed upon his person, or whether concealed or otherwise, in any vehicle operated or occupied by such person.
(Code 1985, § 16-104)
State law reference— Carrying concealed dangerous weapons, MCL 750.227.
Sec. 86-272. – Possession of certain dangerous weapons by minors prohibited; responsibility of parents.
(a)
Except in conjunction with courses of instruction as may be approved by the city police department, no minor shall use or have in his possession within the city an air gun, air pistol, bow and arrow, slingshot, karate sticks, numchucks or knifelike throwing stars. The chief of police or any member of the police force shall have authority and it shall be his duty to confiscate any of the aforementioned articles found in the possession of any minor.
(b)
No parent or guardian of any minor in his charge or custody shall knowingly permit such minor to use or have in his possession any air gun, air pistol, bow and arrow or slingshot.
(Code 1985, §§ 16-108, 16-109)
Sec. 86-273. – Sale or furnishing of dangerous weapons to minors and intoxicated persons.
No person shall knowingly sell, offer for sale, loan or furnish any rifle, firearm or other dangerous or deadly weapon to:
(1)
Any minor under the age of 18 years;
(2)
Any person under the influence of any alcoholic beverage, narcotic drug, stimulant or depressant;
(3)
Any person in a condition of agitation and excitability; or
(4)
Any person the seller, lender or donor has reasonable cause to believe is not of sound mind.
(Code 1985, § 16-110)
Sec. 86-275. – Discharging firearms and other dangerous weapons; exceptions.
(a)
No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b)
This section shall not apply to the following circumstances:
(1)
In necessary self-defense of persons or property;
(2)
A law enforcement officer in necessary performance of his duty;
(3)
For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4)
For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a.
The target area is enclosed in such manner and with materials that will stop the projectiles;
b.
Such target shooting is supervised by an adult at all times; and
c.
Any safety precautions recommended by the chief of police are complied with;
(5)
Where a permit is issued by the chief of police;
(6)
Any military exercise or parade.
(Code 1985, § 16-112)
State law reference— Regulation of BB guns, MCL 752.891.
Sec. 86-276. – Possession of firearms—Restricted.
(a)
No person shall transport or have in his possession in or upon any vehicle on or about his person a loaded firearm in and upon any street, alley or other place in the city or at any place other than the residence or fixed place of business of such person.
(b)
No person shall transport or have in his possession in or upon any vehicle, at any place other than the residence or fixed place of business of such person, a firearm unless the firearm shall be unloaded, encased and carried in the luggage compartment of the vehicle.
(c)
No person shall carry or have on or about his person at any place other than the residence or fixed place of business of such person a firearm unless the firearm is unloaded and encased.
(d)
No minor shall carry or have on or about his person, or transport or have in possession in or upon any vehicle in and upon any street, alley or other public places in the city a firearm.
(Code 1985, § 16-113)
Sec. 86-278. – Forfeiture of firearms.
Any firearm seized by a police officer upon the arrest of any person charged with a violation of any of the provisions of this article may, upon conviction of such person, be ordered forfeited by the court. Such firearm shall be turned over to the police department of the city for disposal, except that any firearm so seized which has been reported stolen shall be returned to the lawful owner thereof upon a satisfactory showing to the court of such ownership.
(Code 1985, § 16-115)
PORT HURON,
DIVISION 1. GENERALLY – Port Huron, Michigan – Code of Ordinances
Sec. 34-312. – Discharging firearms; transporting air guns, spring guns, and similar devices in vehicles; possessing, showing, displaying toy guns, starter pistols, blank guns or similar devices.
(a)
No person shall discharge any firearm, spring gun, air gun, slingshot, bow and arrow or other device capable of or designed to discharge any shot, pellet or missile likely to inflict bodily injury, in the city, except when lawfully acting in the defense of persons or property or the enforcement of law or at a duly established range, the operation of which has been approved by the city council. Also, bow and arrow instruction will be allowed at an approved site under supervision of a qualified instructor as part of the curriculum of an accredited education system and with appropriate indemnification of the city approved by the city legal department.
(b)
No person shall transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel, within the city, any air gun, spring gun or other device capable of or designed to discharge any shot, pellet, or missile likely to inflict bodily injury and/or property damage, unless the device is unloaded and is one or more of the following:
(1)
Disassembled.
(2)
Enclosed in a case.
(3)
Carried in the trunk of the vehicle.
(4)
Inaccessible from the interior of the vehicle.
(c)
No person shall possess or show or display a gun, toy gun, starter pistol, blank gun or device of similar nature in a nonthreatening manner, but with the intent to convey the impression to a person that the gun, toy gun, starter pistol, blank gun or similar device is actually a lethal weapon capable of causing a reasonable person to believe that the person possessing such object is armed with a dangerous weapon.
(d)
No person under 18 years of age shall use or possess any handgun designed and manufactured exclusively for propelling BBs not exceeding 0.177 caliber by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a parent, legal guardian, or their designee.
(e)
An individual who violations this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00.
(Code 1975, § 24-7; Ord. No. 1062, 9-26-1994; Ord. No. 1116, 3-24-1997; Code 1992, § 20-222; Ord. No. 1325, 9-12-2011; Ord. No. 1333, 10-24-2011)
State law reference— Firearms and weapons, MCL 750.222 et seq.
PORTAGE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
VAN BUREN COUNTY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
Charter Township of
REDFORD,
DIVISION 2. AIRGUNS, SLINGSHOTS, BOWS AND ARROWS – Redford Charter Township, (Wayne Co.), Michigan – Code of Ordinances
Sec. 58-251. – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air gun means any gun, rifle, pistol or device by whatever name known which is designed to expel or shoot a projectile or missile by the action of compressed air or of a spring or elastic, but does not mean any gun or device regulated by the provisions of Act No. 372 of the Public Acts of Michigan of 1927 (MCL 28.421 et seq.), as amended, or Act No. 328 of the Acts of Michigan of 1931 (MCL 750.1 et seq.), as amended, or Act No. 10 of the Public Acts of Michigan of 1952 (MCL 752.841 et seq.), and does not mean a slingshot.
REESE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
RICHLAND,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
RICHMOND,
DIVISION 2. WEAPONS – Richmond, Michigan – Code of Ordinances
Sec. 54-216. – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm means any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
Cross reference— Definitions generally, § 1-2.
Sec. 54-217. – Persons exempt.
Police officers, peace officers and persons in the military service, in pursuit of official duty, and persons duly authorized by federal or state law to carry firearms, are exempt from the provisions of this division.
Sec. 54-218. – Aiming firearm.
It shall be unlawful for any person within the city to intentionally, without malice, point or aim any firearm at or toward any other person.
(Ord. No. 92, § 3(m), 10-25-71)
State law reference— Similar provisions, MCL 750.233.
Sec. 54-219. – Aiming and discharging firearm.
It shall be unlawful for any person within the city to discharge any firearm at any time further it shall be unlawful to discharge a firearm without injury to another person any firearm, while intentionally, without malice, aiming at or toward any person.
(Ord. No. 92, § 3(m), 10-25-71)
State law reference— Similar provisions, MCL 750.234.
Sec. 54-220. – Injury by discharge of firearm.
It shall be unlawful for any person within the city to maim or injure any other person by the discharge of any firearm pointed or aimed unintentionally, without malice, at any such person.
(Ord. No. 92, § 3(m), 10-25-71)
State law reference— Similar provisions, MCL 750.235.
Sec. 54-221. – Possession or control of firearm while intoxicated.
It shall be unlawful for any person within the city, while under the influence of an alcoholic liquor or any exhilarating or stupefying drug, to carry, have in possession or control, or use in any manner, or discharge any firearm.
State law reference— Similar provisions, MCL 750.237.
Sec. 54-222. – Hunting within city prohibited.
It shall be unlawful for any person within the city to hunt wild game, or in any manner carry any gun, weapon or firearm within the city for the purpose of hunting any wild game or fowl at any time.
State law reference— Game law, MCL 311.1 et seq.
Sec. 54-223. – Possession of knives and other sharp-edged or pointed instruments by minors.
It shall be unlawful for any minor under 18 years of age to have in his possession or control, except within his own domicile, or carry or use in any manner any knife with a blade in excess of three inches, dagger, dirk, razor, stiletto or any other sharp-edged or pointed instrument or weapon used for inflicting injury upon another; provided, however, that such person shall not be in violation of this section if his possession of such knife with a blade in excess of three inches, dagger, dirk, razor, stiletto or any other sharp-edged or pointed instrument is necessary for his employment, trade or occupation, or if he is engaged in or is proceeding to or returning from a place of hunting, trapping, or fishing and, whenever required, is also carrying a currently valid license issued to him by the state department of conservation, or if such person is a duly enrolled member of the Boy Scouts of America or a similar organization or society and such possession is necessary to participate in the activities of such organization or society or if the knife with a blade in excess of three inches, dagger, dirk, razor, stiletto or any other sharp-edged pointed instrument is required under circumstances that tend to establish that its possession is for a lawful purpose.
State law reference— Carrying firearm or dangerous weapon, MCL 750.226.
Sec. 54-224. – Confiscation of firearms.
All weapons, guns, pistols, firearms, knives, dirks, razors, stilettos, or any other sharp-edged or pointed instruments, or weapons carried, possessed or used contrary to this division are hereby declared forfeited to the city.
Sec. 54-225. – Transportation and possession.
It shall be unlawful for any person to transport or to have in his possession in or upon any vehicle a firearm unless the firearm is unloaded in both barrel and magazine and carried in the luggage compartment of the vehicle. It shall be unlawful to carry a firearm on any public street or in any public place unless it is unloaded and in a case.
State law reference— Carrying concealed weapons without license, MCL 750.227.
Sec. 54-226. – Sale or purchase.
It shall be unlawful for any person under 18 years of age to purchase, carry or transport a firearm on any public street or in any public place. It shall be unlawful for any person to sell a firearm to any person under 18 years of age.
Sec. 54-227. – Air rifles; pistols; slingshots.
It shall be unlawful for any person to sell or offer for sale, use, operate or discharge any BB gun, air rifle, toy pistol, slingshot, catapult or any other toy shooting apparatus, gun or implement that might result in damage or destruction of life or property in the limits of the city.
State law reference— BB guns, MCL 752.851 et seq.
Secs. 54-228—54-250. – Reserved.
RIVERVIEW,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
ROCHESTER,
ARTICLE III. TRAILWAYS LAND – Rochester, Michigan – Code of Ordinances
Sec. 34-84. – Regulations and prohibitions.
(e)
Hunting and weapons. No person shall hunt or discharge any firearm or weapon including, but not limited to, a bow or BB gun, within the trail-ways land.
(e)
Hunting and weapons. No person shall hunt or discharge any firearm or weapon including, but not limited to, a bow or BB gun, within the Paint Creek Walkway.
ROGERS CITY,
DIVISION 2. WEAPONS – Rogers City, Michigan – Code of Ordinances
Sec. 19-362. – Minors using, possessing BB guns.
It shall be unlawful for any person within the city under eighteen (18) years of age to use or possess any handgun or rifle designed and manufactured exclusively for propelling BB’s not exceeding .177 caliber by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a person over eighteen (18) years of age.
State law reference— Similar provisions, MCL 752.891, MSA 28.436(41).
ROMEO,
ARTICLE VIII. OFFENSES ON SCHOOL GROUNDS – Romeo, Michigan – Code of Ordinances
Sec. 26-279. – Firearms and weapons.
It shall be unlawful for any person to use, possess, carry or conceal firearms of any description or any air rifle, spring gun, sling, knife, martial arts weapon, or any other form of weapon potentially dangerous to human safety while in any school building or on any school grounds or during any school activity.
(Code 1993, § 21.153(h)
ROOSEVELT PARK,
ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY – Roosevelt Park, Michigan – Code of Ordinances
Sec. 20-232. – Firing or discharging weapons prohibited; exceptions.
No person except a police officer or other peace officer in the discharge of his duty shall fire or discharge a revolver, pistol, shotgun, rifle, air rifle, bow and arrow or other dangerous weapon within the city; provided however, that nothing contained in this section shall prohibit the city council from granting permission for the maintenance of shooting galleries or target ranges under suitable regulations for the protection and safety of the citizens and inhabitants of the city.
(Comp. Ords. 1988, § 20.501)
State law reference— Discharge of weapons, MCL 750.234 et seq.
Sec. 20-233. – Hunting prohibited.
It shall be unlawful for any person to hunt wild game or fowl, or in any manner carry any gun, weapon or firearm for the purpose of hunting game or fowl, within the city limits of the city.
(Comp. Ords. 1988, § 20.502)
State law reference— Hunting area control, MCL 324.41902.
Sec. 20-234. – Forfeiture of weapons.
All weapons, guns, pistols or firearms carried, possessed or used contrary to the preceding sections are hereby declared forfeited to the city.
(Comp. Ords. 1988, § 20.503)
State law reference— Forfeiture of weapons, MCL 756.239.
ROSE TOWNSHIP,
ARTICLE II. PARK REGULATIONS – Rose Township, (Oakland Co.), Michigan – Code of Ordinances
Sec. 24-23. – Firearms and hunting.
It shall be unlawful for any person to:
(1)
Carry or have in his possession a firearm.
(2)
Shoot an air-gun, gas gun, spring-loaded gun or slingshot.
(3)
Shoot with a bow and arrow.
(4)
Hunt, trap, kill, wound, capture or intentionally disturb any bird or other animal life.
(Comp. Ords. 1996, § 141.006; Ord. No. 47, §§ 6.1—6.4, 6-2-1981)
Cross reference— Animals, ch. 6.
ROYAL OAK CHARTER TOWNSHIP,
DIVISION 2. WEAPONS – Royal Oak Charter Township, (Oakland Co.), Michigan – Code of Ordinances
Sec. 16-138. – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm.
(1)
The term “firearm” means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air.
(2)
The term “firearm” does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BBs not exceeding .177 caliber.
(Comp. Ords. 1983, § 40.301; Ord. No. 168, § 1, 8-23-1973)
State law reference— Similar definition, MCL 750.222(d).
Sec. 16-139. – Discharge.
It shall be unlawful for any person, except a police officer or other peace officer in the discharge of his duty, to fire or discharge any gun, pistol, shotgun, rifle, revolver or any other firearm or air gun, slingshot or any other instrument calculated to propel or throw any missile within the township; provided, however, nothing in this section shall prohibit any person from discharging such weapons in the necessary defense of his person, family or property; further provided, nothing in this division shall prevent the discharge of firearms in a regularly licensed shooting gallery of the township or on target ranges under suitable regulations for the protection and safety of its citizens and inhabitants.
(Comp. Ords. 1983, § 40.251(a); Ord. No. 116, § 1(a), 4-22-1954)
State law reference— Authority to prohibit discharge of firearms, MCL 123.1104.
Sec. 16-140. – Careless, reckless or negligent use of firearms; injury of property.
Any person who, because of carelessness, recklessness or negligence, but not willfully or wantonly, shall cause or allow any firearm under his control to be discharged so as to destroy or injure the property of another, real or personal, shall be guilty of a misdemeanor.
(Comp. Ords. 1983, § 40.251(b); Ord. No. 116, § 1(b), 4-22-1954)
State law reference— Similar provisions, MCL 752.862.
Sec. 16-141. – Minor—Unlawful to sell to or distribute.
It shall be unlawful for any person to sell, offer for sale, give away or distribute any firearm, slingshot, air gun, or other light weapon, to any minor in the township.
(Comp. Ords. 1983, § 40.251(c); Ord. No. 116, § 1(c), 4-22-1954)
State law reference— Sale of firearms, MCL 28.435.
Sec. 16-142. – Same—Unlawful for parent or guardian to permit possession.
It shall be unlawful for any parent, guardian or other person having custody or charge of any minor, to knowingly permit such minor to have in his possession or use any pistol, slingshot, air gun, or other similar weapon, except in a duly licensed shooting gallery or target range.
(Comp. Ords. 1983, § 40.251(d); Ord. No. 116, § 1(d), 4-22-1954)
Sec. 16-143. – Same—To possess unless accompanied by person over 18 years of age.
It shall be unlawful for any person under 18 years of age to use or possess any pistol, or to use and possess any handgun designed and manufactured exclusively for propelling BBs, not exceeding .177 caliber by means of spring, gas, or air, outside the curtilage of his domicile unless he is accompanied by a person over 18 years of age.
(Ord. No. 136, § 3(L), 11-18-2004)
State law reference— Similar provisions, MCL 28.422, 752.891.
Sec. 16-144. – Firearms used contrary to division declared forfeited.
All firearms, pistols, air guns, slingshots, and other weapons of similar nature, carried or used contrary to the provisions of this division are hereby declared forfeited to the township and may be seized by any police officer of the township and can be redeemed only at the discretion of the court after all court fines and costs have been paid.
(Comp. Ords. 1983, § 40.251(e); Ord. No. 116, § 1(e), 4-22-1954)
State law reference— Seizure of property, MCL 600.4701 et seq.
Sec. 16-145. – Possession in public, etc., of darts and certain knives in certain cases.
(a)
Knives having a three-inch or longer blade prohibited; exception. It shall be unlawful for any person to be in possession of a knife with a blade more than three inches in length in any of the streets, alleys, parks, boulevards or other public property or schools in the township, or in any dance hall, theatre, amusement park, alcoholic beverage establishment, store or other private property generally frequented by the public for purposes of education, recreation, amusement, entertainment, sport or shopping. This section shall not apply to any person in possession of any such knife when it is used or carried in good faith as a tool of honest work, trade, business, sport or recreation when the person in possession of any such knife is actively engaged therein or actively engaged in going to or returning from such honest work, trade, business, sport or recreation.
(b)
Knives, darts, etc., by minors prohibited; exception. It shall be unlawful for any person under the age of 18 years to be in possession of any knife, dart, or instrument of any description that could be used for cutting or stabbing, on any of the streets, alleys, parks, boulevards or other public property or schools in the township or in any dance hall, theatre, amusement park, alcoholic beverage establishment, store or other private property generally frequented for purposes of education, recreation, amusement, entertainment, sport or shopping, provided that this section shall not apply to any such person under 18 years of age being in possession of any such knife when it is used or carried in good faith as a tool of honest work, trade, business, sport or recreation or when used or carried in good faith as equipment related to and required for any legitimate sport, recreation or youth character building program (Boy Scouts, Girl Scouts, etc.) when actively engaged therein or actively engaged in going to or returning from such honest work, trade, business, sport, recreation or youth character building program.
(Comp. Ords. 1983, §§ 40.307, 40.308; Ord. No. 168, § 6, 8-23-1973)
SAGINAW,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
SALINE,
DIVISION 2. WEAPONS Saline, Michigan Code of Ordinances
Sec. 58-291. Definition.
The word “firearm,” except as otherwise specifically defined in this division, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
(Ord. No. 500, § 1(11-326), 9-28-92)
Cross reference— Definitions and rules of construction generally, § 1-2.
Sec. 58-300. Transportation and possession.
It shall be unlawful for any person to transport or to have in possession in or upon any vehicle a firearm unless such firearm is unloaded in both barrel and magazine and carried in the luggage compartment of the vehicle. It shall be unlawful to carry a firearm on any public street or in any public place unless it is unloaded and in a case.
(Ord. No. 500, § 1(11-335), 9-28-92)
State law reference— Carrying concealed weapons without license, MCL 750.227.
Sec. 58-301. Sale or purchase by minors.
It shall be unlawful for any person under 18 years of age to purchase, carry or transport a firearm on any public street or in any public place. It shall be unlawful for any person to sell a firearm to any person under 18 years of age.
(Ord. No. 500, § 1(11-336), 9-28-92)
Sec. 58-302. Air rifles; pistols; slingshots.
It shall be unlawful for any person to sell or offer for sale, use, operate or discharge any BB gun, air rifle, toy pistol, slingshot, catapult or any other toy shooting apparatus, gun or implement that might result in damage or destruction of life or property in the limits of the city.
(Ord. No. 500, § 1(11-337), 9-28-92)
State law reference— BB guns, MCL 752.851 et seq.
SARANAC,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
SAUGATUCK,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
SAULT STE. MARIE,
ARTICLE VI. WEAPONS – Sault Ste. Marie, Michigan – Code of Ordinances
Sec. 16-97. – Definition.
For the purposes of this article, the word “firearms,” except as otherwise specifically defined in this Code, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
Sec. 16-98. – Exemptions.
Police officers, peace officers and persons in the military service, in pursuit of official duty, and persons duly authorized by federal or state law to carry firearms, are exempt from the provisions of this article.
Sec. 16-99. – Transportation.
It shall be unlawful for any person to transport or to have in possession in or upon any vehicle, a firearm unless the same be unloaded in both the barrel and magazine and carried in the luggage compartment of the vehicle. It shall be unlawful to carry a firearm on any public street or in any public place unless it is unloaded and in a case.
Cross reference— Traffic and motor vehicles, Ch. 24; transporting of bows or firearms on snowmobiles, § 24-135.
Sec. 16-100. – Minors.
It shall be unlawful for any person under eighteen (18) years of age to purchase, carry or transport a firearm on any public street or in any public place. It shall be unlawful for any person to sell a firearm to any person under eighteen (18) years.
Cross reference— Minors, Ch. 15.
Sec. 16-101. – Unlawful handling and discharging of guns.
(a)
It shall be unlawful for any person to draw, handle, flourish, fire, or set off any gun in any street, alley, park, or other public place except under the conditions enumerated below:
(1)
This restriction shall not apply to any police officer acting in the line of duty;
(2)
This restriction shall not apply to black powder muzzle loaded guns when the guns are used in conjunction with an organized event sponsored by a legal entity and supervised by representatives of that organization or entity and so long as the discharging of the gun occurs on a shooting range approved by the chief of police and so long as the organization or entity carries one million dollars ($1,000,000.00) of liability insurance naming the city as a co-insured and so long as the public shall be notified by public advertisement as to the time and location of the discharging of the black powder muzzle loaded weapons.
(b)
The chief of police is enabled by this section to set standards and guidelines for the implementation of the section.
(Code 1957, § 6-3.01(y); Ord. No. 242-84, §§ 1, 2, 5-22-84)
Editor’s note—
Inasmuch as Ord. No. 242-84, §§ 1, 2, adopted May 22, 1984, did not specifically amend the Code, such provisions have been codified as superseding former § 16-101, which pertained to the same subject matter.
State law reference— Reckless use and discharge of firearms, MCL § 752.a863, MSA § 28.436(24).
Sec. 16-102. – BB guns; use by minors, prohibition, exception.
No person under eighteen (18) years of age shall use or possess any handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 caliber by means of spring, gas or air, outside the curtilage of his domicile unless such person is accompanied by a person over eighteen (18) years of age.
Cross reference— Minors, Ch. 15.
State law reference— Similar provisions, MCL § 752.891, MSA § 28.436(41).
Sec. 16-103. – Destroying or injuring property by careless, reckless or negligent use of bow or arrow.
Any person who, because of carelessness, recklessness or negligence, but not willfully or wantonly, shall cause or allow any bow or arrow under such person’s control to be used so as to destroy or injure the property of another, real or personal, shall be guilty of a misdemeanor.
Cross reference— See also § 16-103.
State law reference— Similar provisions, MCL § 752.882, MSA § 28.436(32).
Sec. 16-104. – Throwing missiles.
It shall be unlawful for any person to throw or propel any ball, snowball, stone, stick, brick, bottle, glass or other missile in or into any street, lane, alley or other public place.
(Code 1957, § 6-3.01(w)
SCHOOLCRAFT,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
Township of
SCIO,
ARTICLE II. METROPARK REGULATIONS – Scio Township, (Washtenaw Co.), Michigan – Code of Ordinances
Sec. 22-21. – Dangerous or obnoxious materials or equipment.
(a)
No person shall deposit or abandon in or on any lands or water areas within the boundaries of the metropark any garbage, sewage, bottles, refuse, trash, waste or other obnoxious material except in receptacles or pits provided for such purposes.
(b)
No person shall have in his possession or control any glass bottle or container in or on any pool area, beach area or baseball diamond in the metropark, or in any other locality in the metropark where possession of glass bottles and containers is prohibited by posted notices.
(c)
No person shall have in his possession or control any slingshot, bow, arrow, crossbow, pellet gun, air rifle, noxious gas ejecting devices, fireworks, explosives or other dangerous devices or materials within the boundaries of the metropark. This section shall not apply to those otherwise permitted by the metropark authority.
(Ord. No. 2011-01, § 1, 2-22-2011)
State law reference— Littering, MCL 324.8901 et seq.; firearms and weapons, MCL 750.222 et seq.
SHELBY CHARTER TOWNSHIP,
DIVISION 2. – PARKS REGULATED BY HURON-CLINTON METROPOLITAN AUTHORITY
Sec. 50-63. – Restrictions.
(a)
Dangerous/obnoxious materials/equipment.
(1)
Obnoxious material disposal. No person shall deposit or abandon on any authority property within the township any garbage, sewage, bottles, refuse, trash, waste or other obnoxious materials except in receptacles provided for such purposes.
(2)
Dangerous weapons or substances. No person shall have in his possession or control on authority property within the township any slingshot, pellet gun, air rifle, explosives or other dangerous substances. The prohibition of this section shall not apply to any law enforcement officer who has been duly appointed by the government of the United States, the state, or any county, municipality or other political subdivision of the state while engaged in the exercise of his duties as a law enforcement officer, or while in the possession or control of a weapon required to be carried as a condition of such appointment as a law enforcement officer. Further, this section shall not prohibit a person from legally carrying firearms in accordance with state law, including transporting an unloaded shotgun in a case within the boundaries of authority property for the purpose of using authority property as access to or for departure from a permitted hunting area.
SOUTH HAVEN,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
SOUTH LYON,
DIVISION 1. GENERALLY – South Lyon, Michigan – Code of Ordinances
Sec. 58-218. – BB guns.
It shall be unlawful for any person under 18 years of age to use or possess any handgun designed and manufactured exclusively for propelling BBs not exceeding .177 caliber by means of spring, gas, or air, outside the curtilage of his domicile unless he is accompanied by a person over 18 years of age.
(Code 1988, § 9.213)
SOUTH ROCKWOOD,
DIVISION 2. WEAPONS – South Rockwood, Michigan – Code of Ordinances
Sec. 16-251. – Firearm defined.
As used in this division, unless otherwise expressly provided, the term “firearm” means any weapon from which a dangerous projectile may be propelled by using any method of propulsion such as explosives, gas, air, string, powder or mechanical apparatus as means of propulsion.
(Comp. Ords. 1994, § 20.5901)
Sec. 16-252. – Purchase or possession by minors, sale to minors.
No person under 18 years of age shall purchase, carry or transport a firearm on any public street or in any public place unless permitted by state law. No person shall sell a firearm to any person under 18 years of age.
(Comp. Ords. 1994, § 20.5902)
State law reference— Similar provisions, MCL 750.234f.
Sec. 16-253. – Air rifles; toy pistols; slingshots.
No person shall sell, offer for sale, use, operate or discharge any BB gun, air rifle, toy pistol, slingshot, catapult or other toy shooting apparatus, gun or implement that might result in damage to or destruction of life or property in the village.
(Comp. Ords. 1994, § 20.5903)
State law reference— Use or possession of BB handgun by minors, MCL 752.891.
Sec. 16-254. – Transporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; conditions.
Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel a firearm, other than a pistol, unless the firearm is unloaded and is one or more of the following:
(1)
Taken down.
(2)
Enclosed in a case.
(3)
Carried in the trunk of the vehicle.
(4)
Inaccessible from the interior of the vehicle.
(Comp. Ords. 1994, § 20.5904)
State law reference— Similar provisions, MCL 750.227d.
Sec. 16-255. – Brandishing firearm in public; applicability.
(a)
Except as provided in subsection (b) of this section, a person shall not knowingly brandish a firearm in public.
(b)
Subsection (a) of this section does not apply to any of the following:
(1)
A peace officer lawfully performing his duties as a peace officer.
(2)
A person lawfully engaged in target practice.
(3)
A person lawfully engaged in the sale, purchase, repair, or transfer of that firearm.
(Comp. Ords. 1994, § 20.5904)
State law reference— Similar provisions, MCL 750.234e.
Sec. 16-256. – Violations; forfeiture of weapons.
In addition to any penalty provided for violations of this division, all weapons, guns, pistols, firearms, knives, dirks, razors, stilettos and other sharp-edged or pointed instruments, carried, possessed or used contrary to this division, are hereby declared to be forfeited to the village.
(Comp. Ords. 1994, § 20.5905)
State law reference— Forfeiture of weapons, MCL 750.239 et seq.
Sec. 16-257. – Aiming and discharging of firearms.
(a)
No person shall discharge a firearm within the village limits.
(b)
No person shall intentionally and without malice point or aim any firearm at or toward any other person.
(c)
No person shall discharge, without injury to another person, any firearm, while intentionally and without malice aiming it at or toward any other person.
(d)
No person shall maim or injure any other person by the discharge of a firearm pointed or aimed intentionally and without malice at such other person.
(Comp. Ords. 1994, § 20.5906)
State law reference— Similar provisions, MCL 750.234, 750.235.
Sec. 16-258. – Possession or use of firearms while intoxicated.
No person, while under the influence of an alcoholic liquor or any controlled substance, shall carry, have in his possession or control, use in any manner or discharge any firearm.
(Comp. Ords. 1994, § 20.5907)
State law reference— Similar provisions, MCL 750.237.
Sec. 16-259. – Possession of knives and sharp instruments.
(a)
No person shall have in his possession or control, except within his own domicile, or carry or use in any manner, any knife with a blade in excess of three inches or any dagger, dirk, razor, stiletto or other sharp-edged or pointed instrument or weapon used for inflicting injury upon another.
(b)
However, such person shall not be in violation of this section if his possession of such knife or instrument is necessary for his employment, trade or occupation, or if he is engaged in, proceeding to or returning from a place of hunting, trapping or fishing, and, whenever so required is also carrying a currently valid license issued to him by the state department of natural resources, or if such person is a duly enrolled member of the Boy Scouts of America or a similar organization or society and such possession is necessary to participate in the activities of such organization or society, or if such knife or instrument is required under circumstances that tend to establish that its possession is for a lawful purpose.
(Comp. Ords. 1994, § 20.5908)
State law reference— Dangerous weapons, MCL 750.226 et seq.
Sec. 16-260. – Exemptions.
Police officers, peace officers and persons in the military service, in pursuit of official duty, and persons duly authorized by federal or state law to carry firearms, are exempt from this division when required by state law.
(Comp. Ords. 1994, § 20.5909)
Sec. 16-261. – Hunting within corporate limits.
It shall be unlawful for any person to hunt or pursue game within the corporate limits of the village.
(Comp. Ords. 1994, § 20.101)
State law reference— Hunting area control, MCL 324.41902.
SOUTHFIELD,
CHAPTER 117. AIR GUNS – Southfield, Michigan – Code of Ordinances
CHAPTER 117. – AIR GUNS
Sec. 9.221. – Definitions.
Sec. 9.222. – Sales to minors.
Sec. 9.223. – Possession by minors.
Sec. 9.224. – Carrying air guns in public.
Sec. 9.225. – Discharge of air guns.
Sec. 9.221. – Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(1)
Air gun: Any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but such term does not include a firearm.
(2)
Dealer: Any person engaged in the business of selling at retail or renting any of the articles designated in the preceding paragraph.
Sec. 9.222. – Sales to minors.
(1)
It shall be unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air gun to any person under the age of eighteen (18) years where the dealer knows or has reasonable cause to believe the person to be under eighteen (18) years of age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under eighteen (18) years of age.
(2)
It shall be unlawful for any person to give, lend or otherwise transfer any air gun to any person under eighteen (18) years of age, except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the person under eighteen (18) years of age.
Sec. 9.223. – Possession by minors.
Notwithstanding any inconsistent provisions of this Code, it shall be lawful for any person under eighteen (18) years of age to have in his possession any of the articles defined in section 9.221 if such article is:
(1)
Kept within his domicile;
(2)
Used by the person under eighteen (18) years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities, or has written permission to use an indoor or outdoor rifle range, to possess, load and fire at such rifle range under the supervision, guidance and instruction of a responsible adult;
(3)
Used in or on any private grounds or residence under circumstances when such an article designated in section 9.221 can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence.
Sec. 9.224. – Carrying air guns in public.
It shall be unlawful for any person under eighteen (18) years of age to carry any air gun on the streets, alleys, public roads or public lands within the city unless accompanied by an adult; provided, that such person under eighteen (18) years of age may carry such air gun, unloaded, in a suitable case or securely wrapped.
Sec. 9.225. – Discharge of air guns.
It shall be unlawful for any person to discharge any air gun from or across any street, sidewalk, alley or public land or public place, except on a properly constructed target range.
SPARTA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
SPARTA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
SPRING LAKE,
ARTICLE V. OFFENSES AGAINST PUBLIC SAFETY Spring Lake, Michigan Code of Ordinances
Sec. 46-182. Discharge of weapons.
(a)
Generally. No person shall discharge any firearm, air-gun, spring gun, crossbow, slingshot or any other dangerous weapon, nor engage in any hunting activity except as provided in this section.
Sec. 46-183. Use of BB guns by minors.
No person under 17 years of age shall use or possess any handgun or rifle designed and manufactured exclusively for propelling BBs not exceeding 0.177 caliber by means of a spring gas or air outside the curtilage of the individual’s domicile unless such person is accompanied by a person over 17 years of age.
State law reference— Similar provisions, MCL 752.851.
SPRINGFIELD,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
SPRING LAKE TOWNSHIP,
ARTICLE II. PARK RULES AND REGULATIONS Spring Lake Township, Ottawa Co, Michigan Code of Ordinances
Sec. 26-19. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearms means revolvers, pistols, shotguns, rifles, air-guns, pellet guns, starting pistols, BB guns, or any other guns or other weapons which discharge projectiles either by air, explosive substance or any other force.
Charter Township of
SPRINGFIELD,
DIVISION 4. FIREARMS AND HUNTING Springfield Charter Township, (Oakland Co.), Michigan Code of Ordinances
Sec. 24-116. Discharge prohibited.
It shall be unlawful for any person to discharge a firearm, air gun, gas gun, spring-loaded gun, slingshot, or another weapon that propels projectiles.
(Ord. No. 42, § 7.2, 6-6-1979; Ord. of 6-14-1990, § 1.00; Ord. of 12-9-2010)
ARTICLE III. METROPARK REGULATIONS Springfield Charter Township, (Oakland Co.), Michigan Code of Ordinances
Sec. 24-172. Dangerous or obnoxious materials or equipment.
(c)
No person shall have in his possession or control any rifle, shotgun, pistol or other firearm, slingshot, bow, arrow, crossbow, pellet gun, air rifle, noxious gas ejecting devices, fireworks, explosive or other dangerous devices or materials within the boundaries of the Metropark; provided, that a law enforcement officer duly appointed by the United States, the state or by a political subdivision thereof may otherwise lawfully possess and carry a firearm. Further, this section shall not apply to those otherwise permitted by the authority. Nothing in this provision shall preempt Public Act No. 319 of 1990.
(Ord. No. 47, § 2, 4-13-1983; Ord. of 8-12-2004, § 1; Ord. of 11-10-2011(1), § 1(2))
State law reference— Littering, MCL 324.8901 et seq.; firearms and weapons, MCL 750.222 et seq.
ST. CHARLES,
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY – St. Charles, Michigan – Code of Ordinances
Sec. 13-157. – Discharge of firearms, weapons.
It shall be unlawful for any person to discharge any firearm, air rifle, air pistol, pellet gun, or bow and arrow in the village except when lawfully acting in the defense of persons or property or the enforcement of law or at a duly established range, the operation of which has been approved by the village council.
(Code 1974, § 24.2(4))
State law reference— Firearms and weapons, MCL 28.421 et seq., 750.222 et seq.; MSA 28.91 et seq., 28.419 et seq.
ARTICLE II. PARK REGULATIONS – St. Charles, Michigan – Code of Ordinances
Sec. 14-30. – Recreational activities.
No person in a park shall:
(2)
Hunting and firearms: Hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings, or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
ST. CLAIR,
ARTICLE IX. OFFENSES AGAINST PUBLIC SAFETY – St. Clair (St. Clair Co.), Michigan – Code of Ordinances
Sec. 38-231. – Display of replica, toy or imitation gun.
It shall be unlawful for any person to brandish, aim, point, or exhibit to any other person a replica or facsimile of a firearm in such manner as to frighten, threaten, harass, panic or annoy any other person. A “replica or facsimile of a firearm” shall mean any device or object which is a replica, facsimile, imitation or toy version of any firearm, including but not limited to toy guns, movie or stage props, air guns, starter pistols, inoperative firearms, models, replicas or any other device designed or used to imitate a firearm.
Sec. 38-232. – Carrying or possessing imitation gun in public or in a motor vehicle.
It shall be unlawful for any person to carry or possess, whether concealed or displayed, in a motor vehicle in an area of the vehicle accessible to the occupants thereof an imitation, replica, facsimile or toy version of any firearm with intent to brandish, use, aim or point such firearm to frighten, panic, threaten, harass or annoy any other person. Carrying or conceal
ment of any such firearm under or near the driver’s seat, glove box or dashboard shall be a prima facie rebuttable inference of such intent.
ST. CLAIR SHORES,
CITY OF ST. CLAIR SHORES St. Clair Shores, Michigan Compilation-General and Zoning
Air Guns (Repealed Eff. Jan. 6, 1987; Provisions
Included in Chap. 20)
ST. JOSEPH,
ARTICLE VII. OFFENSES AGAINST PUBLIC HEALTH AND SAFETY St. Joseph, Michigan Code of Ordinances
Sec. 19-98. Discharge of weapons; hunting.
It shall be unlawful for any person to use, operate or discharge any firearm, air gun, bow and arrow, slingshot or other weapon, or hunt or trap within the city limits without first obtaining permission from the chief of police to do so.
(Code 1968, § 30.01(4), (28))
State law reference— Firearms and weapons, MCL 28.421 et seq., 750.222 et seq.; game law, MCL 311.1 et seq.
SAINT LOUIS,
DIVISION 1. GENERALLY St. Louis, Michigan Code of Ordinances
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
STEVENSVILLE,
ARTICLE V. OFFENSES AGAINST PUBLIC SAFETY – Stevensville, Michigan – Code of Ordinances
Sec. 18-99. – Hunting.
It shall be unlawful for any person, within the village limits, to hunt any wild animal, fowl or game, with dog, gun, air gun or firearm.
(Comp. Ords. Rev. 1986, § 3.10(7); Code 1994, § 34-112)
State law reference— Game law, MCL 324.40101 et seq.
Sec. 18-100. – Unlawful discharge of weapon.
It shall be unlawful for any person to discharge any firearm, air rifle, air pistol, crossbow, or bow and arrow in the village, except when lawfully acting in the defense of persons or property or the enforcement of law, or at a duly established range, the operation of which has been approved by the village council.
(Comp. Ords. Rev. 1986, § 3.10(6); Code 1994, § 34-113)
State law reference— Authority to prohibit discharge of firearms, MCL 123.1104.
STOCKBRIDGE,
ARTICLE V. REAL PROPERTY TRANSACTIONS Stockbridge, Michigan Code of Ordinances
Sec. 2-176. Veterans Memorial Field.
(a)
The Stockbridge Veterans Memorial Field is established on the property located on North Wood Street, North of West Main Street, Section 27, legally described in the records on file with the village clerk.
(b)
This property shall be under the exclusive control of the village and available for use by the public subject to the following restrictions:
b.
No person shall have in his possession or control any slingshot, pellet gun, air rifle, fireworks, explosives or other dangerous materials within the boundaries of any park or playground.
STURGIS,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
SUMPTER,
DIVISION 2. WEAPONS Sumpter Township, (Wayne Co.), Michigan Code of Ordinances
Sec. 14-263. Air guns, sling shots, etc.
(a)
Use or possession by minors prohibited. It shall be unlawful for any person under the age of eighteen (18) years to use or have in his possession, unless accompanied by his parent or guardian or other authorized person any air gun, sling shot or pellet gun. Any police officer shall have the authority and it shall be his duty to confiscate such air gun, sling shot or pellet gun found in the possession of any such person.
(b)
Parents, guardians; duty. It shall be unlawful for the parents or guardian of any minor in his charge or custody to knowingly permit any such minor to use or have in his possession, when not properly accompanied, an air gun, sling shot or pellet gun.
(c)
Sales to minor prohibited. It shall be unlawful for any person or his agents or his employees, to sell, offer for sale, give away or distribute an air gun, sling shot or pellet gun to any person under the age of eighteen (18) years.
(Ord. No. 1-A, § 36, 9-11-84)
State law reference— Use of BB guns by minors, MCL 752.891, MSA 28.436(41).
SWARTZ CREEK,
DIVISION 2. WEAPONS – Swartz Creek, Michigan – Code of Ordinances
Sec. 10-211. – Definition.
Firearms, as used in this division, shall be defined as any weapon from which a dangerous projectile may be propelled by using explosives, a spring, gas or air as a means of propulsion, provided that it is specifically intended that firearms commonly referred to as “air guns” or “B-B guns” shall be included within the meaning of this definition.
(Ord. No. 217, § 1, 3-10-86)
Cross reference— Definitions and rules of construction, § 1-2.
Sec. 10-212. – Discharge of firearms prohibited; exceptions.
It shall be unlawful for any person to discharge a firearm while within the city, except for the following:
(1)
A peace officer in the performance of his duty or any other person lawfully acting in defense of people or property;
(2)
Military or other organizations may fire a salute over the grave at a burial of a member of their organization or upon observation of memorial services;
(3)
Discharge for ceremonial or exhibition purposes, upon application to the council and when, at the discretion of the council, it shall determine that such discharge shall be in the best interest of the community.
(Ord. No. 217, § 2, 3-10-86)
Sec. 10-213. – Carrying or flourishing a firearm; exceptions.
It shall be unlawful for any person, excepting a peace officer in the performance of his duty or as otherwise authorized by general state law, to carry or flourish a firearm upon any public street or in any public place, unless the firearm is unloaded and either in a car or wholly within a case or other cover.
(Ord. No. 217, § 3, 3-10-86)
Sec. 10-214. – Possession of firearms while under influence of alcoholic liquor or a controlled substance.
It shall be unlawful for any person under the influence of alcoholic liquor, any controlled substance or any other exhilarating or stupefying substance to carry, to have in his possession or under his control, or to use in any manner or otherwise discharge any firearm within the city.
State law reference— Similar provisions, MCL 750.237.
Sec. 10-215. – Intentionally aiming a firearm without malice.
It shall be unlawful for any person to intentionally, without malice, point or aim any firearm at or toward any other person, or to discharge any firearm while so aimed.
State law reference— Similar provisions, MCL 750.233.
Sec. 10-216. – Reckless use of firearms.
It shall be unlawful for any person to recklessly, heedlessly, willfully or wantonly use, carry, handle or discharge any firearm without due caution and circumspection for the rights, safety or property of others.
State law reference— Similar provisions, MCL 752.a863.
Sec. 10-217. – Use or possession of gas-ejecting devices.
(a)
A person shall not manufacture, sell, offer for sale, or possess a device, weapon, cartridge, container, or contrivance designed to render a person temporarily or permanently disabled by the ejection, release, or emission of a gas or other substance.
(b)
Subsection (a) shall not apply to a self-defense spray device as defined in MCL 750.224d.
(Ord. No. 339, § 1, 4-12-99)
Sec. 10-218. – Hunting.
(a)
It shall be unlawful for any person to hunt within the city.
(b)
Any person who shall violate any provision of this section shall be guilty of a misdemeanor punishable as specified in section 1-8 of Chapter 1 of the Code.
(Ord. No. 352, §§ 1, 2, 2-28-00)
Sec. 10-219. – Knives or other weapons.
It shall be unlawful for any person to possess a dagger, dirk, razor, stiletto, or knife having a blade over three inches in length.
(Ord. No. 387, § 1, 2-14-05)
Secs. 10-220—10-235. – Reserved.
SYLVAN LAKE,
DIVISION 2. FIREARMS AND SIMILAR WEAPONS – Sylvan Lake, Michigan – Code of Ordinances
Sec. 38-355. – Sale of BB guns, ammunition to minor.
It shall be unlawful for any person to sell to a minor any gun designed and manufactured for propelling BBs not exceeding .177 caliber by means of gas, air or spring, or to sell to a minor BBs designed to be used by such BB guns.
Cross reference— Offenses concerning underage persons, § 38-391 et seq.
SYLVAN, WASHTENAW COUNTY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
TAWAS CITY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
TAYLOR,
DIVISION 2. WEAPONS – Taylor, Michigan – Code of Ordinances
Sec. 32-356. – Minors using, possessing BB guns.
It shall be unlawful for any person within the city under 18 years of age to use or possess any handgun or rifle designed and manufactured exclusively for propelling BBs not exceeding .177 caliber by means of spring, gas or air, outside the curtilage of the person’s domicile unless the person is accompanied by a person over 18 years of age.
(Code 1987, § 19-237; Ord. No. 75-51, § 6.12, 2-11-1975)
State law reference— Similar provisions, MCL 752.891.
Sec. 32-358. – Replica or imitation firearms.
(a)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Replica or imitation firearm means any device or object which is a replica, facsimile, imitation or toy version of any firearm including, but not limited to, a replica, facsimile or toy version of a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, assault weapon, starter pistol, inoperative firearm, or other firearm. The term “replica” or “facsimile firearm” also includes, but is not limited to, toy guns, movie or stage props, starter pistols, inoperative firearms, hobby models, or any other device or object which might reasonably be perceived to be a real firearm.
(b)
It shall be unlawful for any person within the city to carry, possess, brandish, aim, point, or display to any other person a replica or facsimile firearm in such a manner as to frighten, threaten, harass, panic or annoy any other person.
(c)
It shall be unlawful for any person, with knowledge that a law enforcement officer, firefighter, emergency medical technician, paramedic or medical first responder is engaged in the performance of the law enforcement officers, firefighter’s, emergency medical technicians, paramedic’s or medical first responder’s duties to draw, exhibit, brandish or display any replica or facsimile firearm in the law enforcement officers, firefighter’s, emergency medical technicians, paramedic’s or medical first responder’s presence.
(d)
It shall be unlawful for any person to carry or possess, whether concealed or displayed a replica or facsimile firearm in a motor vehicle in an area of the vehicle accessible to the occupants thereof, with the intent to brandish, use, display, aim or point such replica or imitation firearm to frighten, panic, threaten, harass or annoy any other person. The carrying or concealing of any such replica or imitation firearm under or near the driver’s seat or in the glove box or dashboard, shall be prima facie rebuttable inference of such intent.
(Code 1987, § 19-239; Ord. No. 08-428, 2-19-2008)
ARTICLE III. USE REGULATIONS – Taylor, Michigan – Code of Ordinances
Sec. 34-82. – Firearms, hunting, trapping.
No person shall in any park hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description, air rifles, spring guns, bows and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device contrary to state law. Shooting into any park areas from beyond park boundaries is forbidden.
(Code 1987, § 20-60; Ord. No. 82-130, § 7(D)(1), 10-26-1982; Ord. No. 10-454, § 20-60, 10-3-2010)
State law reference— Wildlife conservation, MCL 324.40101 et seq.
TECUMSEH,
DIVISION 2. FIREARMS AND DANGEROUS WEAPONS Tecumseh, Michigan Code of Ordinances
Sec. 50-341. Shooting or discharge prohibited; exceptions.
No person shall shoot or discharge any firearm, air rifle, air pistol, spring gun, bow and arrow, crossbow, slingshot, or any other dangerous weapon or instrument in the city except as provided in this division.
(Comp. Ords. 1982, § 3.310.00(1))
Sec. 50-342. Exceptions.
(a)
The provisions of this division shall not apply to any peace officer of the state, county or any municipality who is regularly employed or paid by the state, county or municipality nor to any auxiliary police officer, auxiliary sheriff’s deputy or military personnel acting within the scope of his authority, nor to any person serving as a dog warden or animal control officer with the authority to enforce pertinent state or local laws and ordinances.
(b)
The provisions of this division shall not apply to a person or the agent of that person engaged in the extermination of animal pests on the property of that person provided a permit has first been obtained from the chief of police or a person under his command.
(c)
The provisions of this division shall not apply to a person acting in the defense of a person as permitted by law.
(Comp. Ords. 1982, § 3.310.00(1)(a)—(c))
Sec. 50-343. Penalty.
Any person found guilty of violating any of the provisions of this division shall be guilty of a misdemeanor and shall be punished as provided in section 1-7.
(Comp. Ords. 1982, § 3.310.00)
Charter Township of
TEXAS,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
THOMAS TOWNSHIP,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
THORNAPPLE TOWNSHIP,
ARTICLE XXXII. DEFINITIONS – Thornapple Township, (Barry Co.), Michigan – Code of Ordinances
32.2.118 Outdoor Recreation
Uses which provide continuous, intermittent or seasonal recreation and/or entertainment-oriented activities largely in an outdoor setting, including but not limited to; amusement and water parks, theme parks, fairgrounds, zoos, golf driving ranges, miniature golf facilities, animal racing, go-cart, automobile or motorcycle tracks, amphitheaters, air gun or survival games, batting cages, ski slope, skate board parks and similar commercial recreation activities.
TRENTON,
Subdivision I. In General Trenton, Michigan Code of Ordinances
Sec. 66-155. Air-guns and BB guns.
(a)
It shall be unlawful for any person to discharge any air gun within the city, except on an indoor target range; provided that this section shall not apply whenever air guns using only BB shot are used on premises with the consent of the owner or occupant of such premises.
(b)
It shall be unlawful for any owner or occupant of premises within the city to permit the use of any air gun using BB shot upon his premises by any other person unless such use is personally supervised by some person 17 years of age or older.
(c)
It shall be unlawful for any person to transport or carry any air gun using BB shot or pellets in the city unless the gun is enclosed in a case or in a box.
(Code 1974, § 19-35)
Charter Township of
UNION,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
Charter Township of
VAN BUREN,
DIVISION 2. WEAPONS – Van Buren Charter Township, (Wayne Co.), Michigan – Code of Ordinances
Sec. 58-336. – Definitions
Firearm means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. A firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BBs not exceeding .177 caliber.
VASSAR,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
Charter Township of
VIENNA,
DIVISION 1. GENERALLY – Vienna Charter Township, (Genesee Co.), Michigan – Code of Ordinances
Sec. 18-172. – Use of firearms.
(a)
No person except an officer in the discharge of his duty or a citizen in an act of self-defense, shall discharge any firearm, air gun, B-B gun, sling shot or bow and arrow within 500 feet of any building within the township.
(b)
No person, except an officer in the discharge of his duty, or a citizen in an act of self-defense, shall discharge any firearm, air gun, B-B gun, sling shot, or bow and arrow within the township, except in an area authorized by the township board or the township police department. Provided, however, that nothing in this section shall limit the right of persons possessing valid hunting licenses from using legal firearms for hunting in season, as authorized by the statutes of the state, as is in such case made and provided. Provided further, that nothing in this section shall limit the right of persons to use pistols or bow and arrows in an area properly designated by the zoning board of appeals as a target range.
(Ord. No. 103, § 1, 9-3-1974; Ord. No. 241, § II(5), 8-3-1992)
State law reference— Discharge of weapons, MCL 750.234 et seq.
WALKER,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
WALLED LAKE,
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY – Walled Lake, Michigan – Code of Ordinances
Sec. 50-231. – BB guns.
It shall be unlawful for any person under 18 years of age to use or possess any handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 caliber by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a person over 18 years of age.
(Code 1981, § 9.71)
WARREN,
DIVISION 2. WEAPONS Warren, Michigan Code of Ordinances
Sec. 22-163. Discharge of air gun.
It shall be unlawful for any person to discharge any air gun within the city.
(Code 1967, § 8-209(5))
State law reference— BB guns, MCL 752.851.
TOWNSHIP OF WASHINGTON,
91.004 Dangerous or obnoxious materials or equipment.
Section 4.3 No person shall have in his or her possession or control any slingshot, pellet gun, air rifle, fireworks, explosives or other dangerous weapon or material within the boundaries of a neighborhood park.
WATERVLIET,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
WAYLAND,
DIVISION 2. WEAPONS – Wayland, Michigan – Code of Ordinances
Sec. 12-235. – Use of air guns.
(a)
Definitions. The following words and phrases, when used in this section, shall have the meanings respectively ascribed to them:
Air gun means any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but does not mean a firearm.
Dealer means any person engaged in the business of selling at retail or renting any of the articles designated in this section.
(b)
Sale or transfer to minors:
(1)
It shall be unlawful for any dealer to sell, lend, rent, give, or otherwise transfer any air gun to any person under the age of eighteen (18) years, where the dealer knows or has reasonable cause to believe the person could be under eighteen (18) years of age, or where such dealer has failed to make reasonable inquiry relative to age of the person and such person is under eighteen (18) years of age.
(2)
It shall be unlawful for any person to give, lend, or otherwise transfer any air gun to any person under eighteen (18) years of age, except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the person under eighteen (18) years of age.
(c)
Carrying by minors. It shall be unlawful for any person under eighteen (18) years of age to carry any air gun on the streets, alleys, public roads, or public lands within the city unless accompanied by an adult; provided, however, that the person under eighteen (18) years of age may carry such air gun if unloaded and in a suitable case or securely wrapped.
(d)
Discharge. It shall be unlawful for any person to discharge any air gun from or across any street, alley, sidewalk or public road within the limits of the city, or on or across any public land except on a properly constructed and supervised target range.
(e)
Exceptions. Notwithstanding any inconsistent provision of this section, it shall be lawful for any person under eighteen (18) years of age to have in his possession an air gun if the article is:
(1)
Kept within his domicile;
(2)
Used by the person under eighteen (18) years of age and he is a duly enrolled member of any club, team, or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range or other safe area, to possess, load and fire in such a place under the supervision, guidance and instruction of a responsible adult;
(3)
Used in or on any private grounds or residence under circumstances when such gun can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence.
State law reference— BB guns, MCL 752.891, MSA 28.436(41).
County of
WAYNE,
Chapter 218 REPLICA OR FACSIMILE FIREARMS Wayne County, Michigan Code of Ordinances
Sec. 218-2. Definitions.
For purposes of this chapter words, terms and phrases shall have the meanings ascribed in this section, except where the context clearly indicates a different meaning:
Firearm means any weapon from which a dangerous projectile may be propelled by an explosive, gas or air as a means of propulsion.
Replica or facsimile firearm means any device or object made of plastic, metal, wood, or any other material which is a replica, facsimile, imitation or toy version of, or are otherwise recognizable as, a pistol, revolver, rifle, shotgun, sawed-off shotgun, machine gun, rocket launcher, air gun, BB gun or any other firearm, including but not limited to toy guns, movie or stage (theatrical) props, starter pistols, inoperative firearms, models, replicas, other devices designed or used to imitate a firearm and is a substantial duplication of an actual firearm or any other device that might reasonably be perceived to be an actual firearm.
(Ord. No. 2008-428, § 2, 8-7-08)
Sec. 218-3. Purposes.
The purposes of this chapter are to:
(1)
Promote public safety, avoid public panic and limit unnecessary expenditure of public resources by restricting the use, possession and transport of replica or facsimile firearms.
(2)
Eliminate public nuisances caused by brandishing, drawing, aiming, pointing, or exhibiting replica or facsimile firearms.
(Ord. No. 2008-428, § 3, 8-7-08)
Sec. 218-4. Applicability.
This chapter shall not apply to replica or facsimile firearms which, because of their distinct color, except black or silver, exaggerated size, design features or permanently affixed international blaze orange markings on the receiver portions of the product and blaze orange plug recessed no more than six millimeters from the muzzle end of the barrel, cannot reasonably be perceived to be a real firearm.
(Ord. No. 2008-428, § 4, 8-7-08)
Sec. 218-5. Prohibited conduct.
(a)
A person shall not possess a replica or facsimile firearm in a public place unless:
(1)
It is concealed in an opaque container and another person cannot tell that is it a replica or facsimile firearm without opening said container;
(2)
It is possessed for purposes of selling or distributing replica or facsimile firearms by a manufacturer, dealer, retailer, distributor or other entity or individual legally authorized to sell or distribute replica or facsimile firearms in this state; or
(3)
It is possessed for marketing purposes directly associated with the legal sale or distribution of replica or facsimile firearms by a manufacturer, dealer, retailer, distributor or other entity or individual legally authorized to sell and distribute replica or facsimile firearms in this state.
Nothing in this subsection is intended to restrict or prohibit the manufacture, distribution or sale of replica or facsimile firearms.
(b)
A person shall not brandish, draw, aim, point or exhibit to any other person or shall not simulate brandishing, drawing, aiming, pointing, or exhibiting a replica or facsimile firearm in such a manner as to frighten, threaten, harass, panic or annoy any other person.
(c)
A person shall not carry or possess, whether concealed or displayed, in a motor vehicle in an area of the vehicle accessible to the occupants thereof, a replica or facsimile firearm with intent to brandish, use, aim or point such imitation firearm to frighten, panic, threaten, harass or annoy any other person. Carrying or concealing of any such replica or facsimile firearm under or near the driver’s seat, glove box or dashboard shall be a prima facie rebuttable inference of such intent, unless the person is authorized by the laws of this state or federal law to carry or possess a firearm in an area of a motor vehicle accessible to the occupants of the vehicle.
(d)
A person shall not carry or possess a replica or facsimile firearm in a motor vehicle unless the replica or facsimile firearm is unloaded in both barrel and magazine and enclosed in a secured case carried in the trunk of the vehicle. This subsection is not applicable to: (1) a person who is authorized by the laws of this state to carry or possess a firearm in an area of a motor vehicle accessible to the occupants of the vehicle or (2) the transport of replica or facsimile firearms by a person, or his/her duly authorized agent, who is engaged in the lawful manufacture, distribution, or sale of replica or facsimile firearms.
(e)
A person shall not draw, exhibit or brandish a replica or facsimile firearm in the presence of a police officer, firefighter, emergency medical technician or paramedic if the person knows or has reason to know that such police officer, firefighter, emergency medical technician or paramedic is engaged in the performance of his/her duties.
(f)
Subsections (a), (c), (d), and (e) do not apply to peace officers, law enforcement officers, military personnel or correctional officers who are authorized by law to carry a firearm in this state.
(Ord. No. 2008-428, § 5, 8-7-08)
Sec. 218-6. Penalties.
(a)
Civil forfeiture. Any replica or facsimile firearm used in a manner as to frighten, threaten, harass, panic or annoy any other person, shall be seized and forfeited to the governmental entity enforcing this chapter.
(b)
Any replica or facsimile firearm or other similar device forfeited under this chapter shall be destroyed or disposed of by the police department or other law enforcement agency.
(c)
A person who violates this chapter is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for a period not exceeding 90 days, or both.
(Ord. No. 2008-428, § 6, 8-7-08)
WEST BLOOMFIELD,
DIVISION 2. WEAPONS – West Bloomfield, Michigan – Code of Ordinances
Sec. 15-185. – BB guns—Possession by minor.
It shall be unlawful for any person under eighteen (18) years of age to use or possess any gun designed and manufactured for propelling BB’s not exceeding .177 caliber by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a parent or guardian who is over eighteen (18) years of age.
(Ord. No. 63A, § 36, 6-3-74)
State law reference— Similar provisions, MCL 752.891.
ARTICLE III. MARSHBANK METROPOLITAN PARK – West Bloomfield, Michigan – Code of Ordinances
Sec. 16-55. – Slingshots, air guns, fireworks, explosives.
No person shall have in their possession or control any slingshot, pellet gun, air rifle, fireworks, explosives or any other such dangerous material within the boundaries of Marshbank Metropolitan Park.
(Ord. No. 101, § 2.03, 4-16-79)
Cross reference— Weapons generally, § 15-181 et seq.
ARTICLE II. COMMUNITY PARKS – West Bloomfield, Michigan – Code of Ordinances
Sec. 16-19. – Dangerous or obnoxious materials or equipment.
(a)
No person shall deposit, throw, place or otherwise abandon in or on any lands or water areas within the boundaries of any community park any garbage, sewage, bottles, refuse, trash, waste or other obnoxious material except in receptacles provided for such purposes.
(b)
No person shall have in his possession or control any glass bottle or container in or on any pool area, beach area or baseball diamond in any community park or in any locality in the parks where possession of glass bottles and containers is prohibited by posted notices.
(c)
No person shall have in his possession or control any firearm, shotgun, pistol, or other firearm, slingshot, bow, arrow, crossbow, pellet gun, air rifle, noxious gas ejecting devices, fireworks, explosives or other dangerous devices or materials within the boundaries of any community park; provided that a law enforcement officer duly appointed by the United States, the state or by a political subdivision thereof may carry a firearm as required for the performance of his official duties, and may have such possession of other dangerous devices and materials referred to herein as is necessary for confiscation or removal.
(Ord. No. 105-A, § 4, 7-21-86)
Cross reference— Garbage and rubbish generally, Ch. 13; weapons generally, § 15-181 et seq.
WESTLAND,
DIVISION 2. WEAPONS – Westland, Michigan – Code of Ordinances
Sec. 62-281. – Hunting wild game or fowl.
No person shall hunt wild game or fowl within the city or in any manner carry a gun, weapon, firearm or bow and arrow within the city for the purpose of hunting any wild game or fowl at any time.
(Code 1981, § 22-98)
State law reference— Dangerous weapons, MCL 750.224 et seq.
Sec. 62-282. – Discharge or use.
No person shall fire or shoot any air rifle, slingshot, rifle, pistol, firearm or other similar dangerous weapon, except in the defense of life or property or as may otherwise be permitted by law.
(Code 1981, § 22-99)
Sec. 62-283. – Definitions.
(a)
“Antique firearm” means either of the following:
(1)
A firearm not designed or redesigned for using rim-fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar type of ignition system or a replica of such a firearm, whether actually manufactured before or after the year 1898.
(2)
A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(b)
As used in this article, the term “dangerous weapon” means:
(1)
Any knife, dirk, dagger, or stiletto with a blade which exceeds three inches in length.
(2)
Any club or karate stick.
(3)
Any mace or other aerosol repellant.
(4)
Any smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BB’s not exceeding .177 caliber.
(5)
Any slingshot.
(6)
Any bow and arrow.
(c)
As used in this article, the term “facsimile of a firearm” means any device or object made of plastic, wood, metal or other material, which device or object is a facsimile, replica version of, or is otherwise recognizable as, a pistol, revolver, sawed-off shotgun, rifle, machine gun, rocket launcher or other firearm, including, but not limited to, toy guns, movie and stage props, hobby models (either in kit form or fully assembled), starter pistols, air guns, and inoperative firearms or other devices which might reasonably be perceived to be a real firearm.
(d)
As used in this article, the term “firearm” means a weapon, other than one specified in subsection 62-283(b)(4), from which a dangerous projectile may be propelled by an explosive, or by any other means.
(e)
As used in this article, the term “pistol” means a loaded or unloaded firearm that is 30 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals itself as a firearm.
(f)
As used in this article, the term “school” means a public, private, denominational, or parochial school offering development kindergarten, kindergarten, or any grade from one through 12.
(g)
As used in this article, the term “school property” means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses.
(h)
As used in this article, the term “weapon free school zone” means school property and a vehicle used by a school to transport students to or from school property.
(Ord. No. 109-J-3, § 1, 1-4-10)
Editor’s note—
Ord. No. 109-J-3, § 2, adopted Jan. 4, 2010, repealed the former § 62-283, and enacted a new § 62-283 as set out herein. The former provisions pertained to confiscation and derived from Code 1981, § 22-100; Ord. No. 109-J-2, § 1, adopted Feb. 17, 1998.
Sec. 62-285. – Possession or exhibition of firearms or facsimiles of firearms.
(a)
No person shall draw or brandish a facsimile of a firearm in a threatening, rude or hostile manner with the intent to frighten, harass, vex or annoy another person.
(b)
Except as provided in subsection (c), a person shall not possess a firearm on the premises of any of the following:
(1)
A depository financial institution or a subsidiary or affiliate of a depository institution.
(2)
A church or other house of religious worship.
(3)
A court.
(4)
A theatre.
(5)
A sports arena.
(6)
A day care center.
(7)
A hospital.
(8)
An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being MCL 436.1 to 436.58.
(c)
Subsection (b) shall not apply to any of the following:
(1)
A person who owns, or is employed by or contracted by, an entity described in subsection (b) if the possession of that firearm is to provide security services for that entity.
(2)
A peace officer.
(3)
A person licensed by this state or another state to carry a concealed weapon.
(4)
A person who possesses a firearm on the premises of an entity described in subsection (b) if that possession is with the permission of the owner or an agent of the owner of that entity.
(Ord. No. 109-J-3, § 3, 1-4-10)
Sec. 62-286. – Possession of concealed firearms prohibited on certain premises.
(a)
Subject to subsection (d), an individual licensed to carry a concealed firearm in the State of Michigan, or who is exempt from licensure under MCL 28.432a(1)(f), shall not carry a concealed pistol on the premises of any of the following:
(1)
A school or school property except that a parent or legal guardian of a student of the school is not precluded from carrying a concealed pistol while in a vehicle on school property, if he or she is dropping the student off at the school or picking up the child from the school.
(2)
A public or private child care center or day care center, public or private child caring institution, or public or private child placing agency.
(3)
A sports arena or stadium.
(4)
A bar or tavern licensed under the Michigan liquor control code of 1998, 1998 PA 58, being MCL 436.1101 to 436.2303, where the primary source of the business is the sale of alcoholic liquor by the glass and consumed on the premises. This subdivision does not apply to an owner or employee of the business.
(5)
Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials of the church, synagogue, mosque, temple, or other place of worship permit the carrying of a concealed pistol on that property or facility.
(6)
An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has a seating capacity of 2,500 or more individuals or that has a sign above each public entrance stating in letters not less than one-inch-high a seating capacity of 2,500 or more individuals.
(7)
A hospital.
(8)
A dormitory or classroom of a community college, college, or university.
(b)
An individual licensed to carry a concealed pistol in the State of Michigan, or who is exempt from licensure under MCL 28.432a(1)(f), shall not carry a concealed pistol in violation of R 432.1212 or a successor rule of the Michigan Administrative Code promulgated under the Michigan Gaming Control And Revenue Act, 1996 IL 1, being MCL 432.202 to 432.226.
(c)
As used in subsection (a), “premises” does not include parking areas of the places identified under subsection (a).
(d)
Subsection (a) does not apply to any of the following:
(1)
An individual licensed to carry a concealed firearm in the State of Michigan who is a retired police officer or retired law enforcement officer.
(2)
An individual who is licensed to carry a concealed firearm in the State of Michigan and who is employed or contracted by an entity described under subsection (a) to provide security services and is required by his or her employer or the terms of a contract to carry a concealed firearm on the premises of the employing or contracting entity.
(3)
An individual who is licensed as a private investigator or private detective under the professional investigator licensure act, 1965 PA 285, being MCL 338.821 to 338.851.
(4)
An individual who is licensed to carry a concealed firearm in the state of Michigan and who is a corrections officer of a county sheriff’s department.
(5)
An individual who is licensed to carry a concealed firearm in the state of Michigan and who is a motor carrier officer or capitol security officer of the department of state police.
(6)
An individual who is licensed to carry a concealed firearm in the state of Michigan and who is a member of a sheriff’s posse.
(7)
An individual who is licensed to carry a concealed firearm in the state of Michigan and who is an auxiliary officer or reserve officer of a police or sheriff’s department.
(8)
An individual who is licensed to carry a concealed firearm in the state of Michigan and who is a parole or probation officer of the department of corrections.
(e)
An individual who violates this section is responsible for a civil infraction or guilty of a misdemeanor as follows:
(1)
Except as provided by subdivisions (2) and (3), the individual is responsible for a civil infraction and may be fined not more than $500.00. The court shall order the individual’s license to carry a concealed pistol suspended for 6 months.
(2)
For a second violation, the individual is guilty of a misdemeanor punishable by a fine of not more than $500.00. The court shall order the individual’s license to carry a concealed pistol revoked.
(3)
For a third or subsequent violation, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or both. The court shall order the individual’s license to carry a concealed pistol revoked.
(Ord. No. 109-J-3, § 4, 1-4-10)
Sec. 62-287. – Possession of firearms in a weapon free school zone.
(a)
Except as provided in subsection (b), an individual who possesses a firearm in a weapon free school zone is guilty of a misdemeanor punishable by imprisonment for not more than 93 days, a fine of not more than $500.00 or both.
(b)
Subsection (a) does not apply to any of the following:
(1)
An individual employed by or contracted by a school if the possession of that firearm is to provide security services for the school.
(2)
A peace officer.
(3)
An individual licensed by this state or another state to carry a concealed weapon.
(4)
An individual who possesses a weapon provided by a school or a school’s instructor on school property for purposes of providing or receiving instruction in the use of that weapon.
(5)
An individual who possesses a firearm on school property if that possession is with the permission of the school’s principal or an agent of the school designated by the school’s principal or the school board.
(6)
An individual who is 18 years of age or older who is not a student at the school and who possesses a firearm on school property while transporting a student to or from the school if any of the following apply:
a.
The individual is carrying an antique firearm, completely unloaded, in a wrapper or container in the trunk of a vehicle while en route to or from a hunting or target shooting area or function involving the exhibition, demonstration or sale of antique firearms.
b.
The individual is carrying a firearm unloaded in a wrapper or container in the trunk of the person’s vehicle, while in possession of a valid Michigan hunting license or proof of valid membership in an organization having shooting range facilities, and while en route to or from a hunting or target shooting area.
c.
The person is carrying a firearm unloaded in a wrapper or container in the trunk of the person’s vehicle from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business, or in moving goods from one place of abode or business to another place of abode or business.
d.
The person is carrying an unloaded firearm in the passenger compartment of a vehicle that does not have a trunk, if the person is otherwise complying with the requirements of subsection b. or c. and the wrapper or container is not readily accessible to the occupants of the vehicle.
(Ord. No. 109-J-3, § 5, 1-4-10)
Sec. 62-288. – Possession of concealed firearms by an intoxicated person.
(a)
No person shall carry, have in possession or under control, or use in any manner or discharge a firearm under any of the following circumstances:
(1)
The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(2)
The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(3)
Because of the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the individual’s ability to use a firearm is visibly impaired.
(Ord. No. 109-J-3, § 6, 1-4-10)
Sec. 62-289. – Transportation of firearms.
(a)
Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel a firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following:
(1)
Taken down.
(2)
Enclosed in a case.
(3)
Carried in the trunk of the vehicle.
(4)
Inaccessible from the interior of the vehicle.
(b)
Except as otherwise permitted by law, no person shall transport or have in his possession in any motor vehicle any pistol or facsimile of a firearm unless:
(1)
It is unloaded in both the barrel and the magazine; and
(2)
It is in a closed case designed for the storage of firearms in the trunk of the vehicle, or if the vehicle has no trunk, in a place not readily accessible to the occupants of the vehicle.
(Ord. No. 109-J-3, § 7, 1-4-10)
Sec. 62-290. – Carrying a dangerous weapon with unlawful intent.
No person shall, with intent to use the same unlawfully against the person of another, go armed with a pistol or other firearm or dagger, dirk, razor, stiletto, or knife having a blade over three inches in length, or any other dangerous or deadly weapon or instrument.
(Ord. No. 109-J-3, § 8, 1-4-10)
Sec. 62-291. – Confiscation.
All weapons, firearms, facsimiles of firearms, slingshots, bows and arrows, guns, pistols, rifles, shotguns, pellet guns, BB guns, starter pistols and any other weapon, device or object used, carried or in the possession of any person contrary to the provisions of sections 62-282 to 62-290, inclusive, shall be subject to confiscation by the police department. Such confiscated items are hereby declared to be forfeited to the city unless, within 60 days after final disposition of the original violation, a court of competent jurisdiction orders that the items so confiscated shall be returned to the rightful owner. Upon expiration of this 60-day period, the confiscated items may be destroyed in such manner as determined by the chief of police.
(Ord. No. 109-J-3, § 9, 1-4-10)
WILLIAMSTON,
ARTICLE IV. OFFENSES INVOLVING PUBLIC SAFETY – Williamston, Michigan – Code of Ordinances
Sec. 34-91. – Firearms and air guns.
A person is responsible for a civil infraction if he shall discharge, or cause to be discharged, any gun, rifle, pistol, pellet gun, or BB gun, within the limits of the city, provided that permission to so discharge a gun, rifle, pistol, pellet gun or BB gun may, upon proper application, be granted by the chief of police upon a showing that public peace and public safety will not be endangered. However, land which is zoned agricultural shall be considered for hunting on a yearly basis (to be reviewed October 1) by property owners and the council.
(Ord. No. 101, § 1(c), 8-7-1961; Ord. No. 181, § 1, 11-9-1981; Ord. No. 259, § 2, 3-23-1998)
State law reference— Authority to make violation municipal civil infraction, MCL 117.4l; municipal civil infraction, MCL 600.8701 et seq.
Charter Township of
WINDSOR,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
WIXOM,
Chapter 9.40 FIREARMS Wixom, Michigan Code of Ordinances
Chapter 12.12 CITY PARK AND RECREATION AREA USE REGULATIONS Wixom, Michigan Code of Ordinances
12.12.070 Firearms, weapons, tools.
It is unlawful for any person to bring into or have in his possession in any park or recreation area:
A.
Any pistol or revolver or objects upon which loaded or blank cartridges may be used. Official starters, at authorized track and field events, are excepted from this restriction;
B.
Any burglar tools;
C.
Any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow, or other weapon in which propelling force is gunpowder, a spring, string, or air.
(Ord. 127 § 7, 1983)
WOODHAVEN,
DIVISION 2. FIREARMS, KNIVES AND DANGEROUS INSTRUMENTS – Woodhaven, Michigan – Code of Ordinances
Sec. 66-442. – Air rifles; pistols; slingshots.
It shall be unlawful for any person to sell or offer for sale, use, operate or discharge any BB gun, air rifle, toy pistol, slingshot, catapult or any other toy shooting apparatus, gun or implement that might result in damage or destruction of life or property in the limits of the city.
(Code 1974, § 11½-15)
State law reference— Use of BB guns, MCL 752.891 et seq., MSA 28.436(41) et seq.
WYANDOTTE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
WYOMING,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
YANKEE SPRINGS TOWNSHIP
BARRY COUNTY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
YPSILANTI,
DIVISION 2. WEAPONS, EXPLOSIVES AND FIREWORKS Ypsilanti, Michigan Code of Ordinances
Sec. 74-126. Definitions
Replica or facsimile of a firearm means any device or object which is a replica, facsimile, imitation or toy version of any firearm, including but not limited to toy guns, movie or stage props, starter pistols, inoperative firearms, models, replicas or any other device designed or used to imitate a firearm and is a substantial duplication of an actual firearm.
Weapon means any air pistol of less than .17 caliber, air rifle, slingshot, crossbow, bow, Molotov cocktail, fire bomb or bomb, knife having a blade three inches in length or longer, shurikins (throwing stars) and nunchaku, not including antique guns not in operating condition.
(Code 1983, § 9.221; Ord. No. 1146, § 1, 2-15-2011)
C
Sec. 74-127. Possession of weapons in public places.
No person shall have any weapon in his possession in any public place, with the following exceptions:
(1)
A law enforcement officer of any governmental unit may have a weapon in his possession to the extent that such possession is required for the performance of his lawful duties.
(2)
A person may have a weapon in his possession when in connection with a regularly scheduled educational, recreational or training program under adequate supervision; provided, that the transporting of weapons to and from such location shall be under the requirements of subsection (5) of this section.
(3)
An established dealer in weapons or repairman of weapons may have weapons in his possession in his place of business for the purposes of making lawful sale or repair of such weapons.
(4)
The proprietor of a place of business, or his duly authorized agent, may have a weapon in his possession in such place of business for purposes of protecting such place of business.
(5)
A person may have a weapon in his possession for purposes of transporting such weapon to any location where it may lawfully be possessed under this division; provided, that when being so transported, such weapon shall be encased and, in the case of guns, shall be unloaded.
(Code 1983, § 9.222; Ord. No. 1146, § 1, 2-15-2011)
Sec. 74-128. Possession of explosives in public places.
No person shall have any explosive, including Molotov cocktails, the possession of which requires a permit under the fire prevention code of the city, without such permit having been obtained.
(Code 1983, § 9.223)
Sec. 74-129. Sale or transfer of explosives.
No person shall knowingly sell or transfer any explosive, the possession of which requires a permit under the fire prevention code of the city, to a person who fails to display to the seller or transferor a valid permit issued to the buyer or transferee. Such seller or transferor shall keep a written record of all sales and transfers of explosives, whether or not a permit is required for the possession of such explosives, including the names and addresses of buyers and transferees, the dates of sale or transfer and the quantities of explosives involved.
(Code 1983, § 9.224)
Cross reference— Fire prevention and protection, ch. 50. ross reference— Definitions generally, § 1-2.
Sec. 74-131. Discharge of weapons.
No person shall discharge any weapon within the city, except in connection with a regularly scheduled educational, recreational or training program under adequate supervision, including therein instruction in the use of weapons, a police department range, in connection with the performance of lawful duties of law enforcement or in connection with the protection of persons or property as provided by state law.
(Code 1983, § 9.226)
Sec. 74-132. Unlawful use of replica or facsimile of firearm.
(a)
Unlawful display of replica, toy or imitation gun. It shall be unlawful for any person to brandish, aim, point or exhibit to any other person a replica or facsimile of a firearm in such a manner as to frighten, threaten, harass, panic or annoy any other person.
(b)
Unlawful to carry or possess imitation gun in motor vehicle. It shall be unlawful for any person to carry or possess, whether concealed or displayed, in a motor vehicle in an area of the vehicle accessible to the occupants thereof, a replica or facsimile of a firearm with intent to brandish, use, aim or point such firearm to frighten, panic, threaten, harass or annoy any other person. Carrying or concealing of any such firearm under or near the driver’s seat, glove box or dashboard shall be a prima facie rebuttable inference of such intent.
(c)
Unlawful to brandish replica or facsimile of firearm in presence of police officer, firefighter or emergency medical technician. No person shall draw, exhibit or brandish a replica or facsimile of a firearm in the presence of a police officer, firefighter, medical emergency technician or paramedic is engaged in the performance of his duties and the person committing such brandishing knows or has reason to know that such police officer, firefighter, medical emergency technician or paramedic is engaged in the performance of his duties.
(Code 1983, § 9.227)
ZEELAND,
DIVISION 2. BOW AND ARROW, SLINGSHOT AND AIR GUN – Zeeland, Michigan – Code of Ordinances
Sec. 28-257. – Shooting generally.
No person shall use, draw or shoot any slingshot or bow and arrow within the city.
(Code 1974, § 15-3; Ord. No. 193, § 3)
State law reference— Careless, reckless or negligent use of bow and arrow, MCL 752.881 et seq.; spring, gas or air operated handguns, MCL 752.891 et seq.
Sec. 28-258. – Possession by minor.
No minor under the age of 18 years shall use or have in his possession within the city a bow and arrow, slingshot or air gun, which is hereby defined to be any gun which shoots a projectile either by means of air pressure or spring. Any police officer shall have authority and it shall be his duty to confiscate any bow and arrow, slingshot or air gun found in the possession of such minor.
(Code 1974, § 15-4; Ord. No. 193, § 4)
Sec. 28-259. – Duty of parents of minor.
No parent or guardian of any minor in his charge or custody shall knowingly permit such minor to use or have in his possession any bow and arrow, slingshot or air gun.
(Code 1974, § 15-5; Ord. No. 193, § 5)
Sec. 28-260. – Sale or distribution to minors.
No person shall sell, offer for sale or give away for distribution any bow and arrow, slingshot or air gun to any minor under the age of 18 years.
(Code 1974, § 15-6; Ord. No. 193, § 6)
Zilwaukee,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
Minnesota-
Minnesota prohibits the carrying of a BB gun in a public place.1 Minnesota also prohibits the display, exhibition, brandishing or other use of a BB gun in a threatening manner, if while doing so, the possessor:
• Causes or attempts to cause “terror” in another person; or
• Acts in reckless disregard of the risk of causing terror in another person.2
Outside of a municipality, Minnesota prohibits furnishing an air-gun to a child under age 14 without the consent of the child’s parent or guardian. The state also prohibits, outside of a municipality, any parent or guardian from permitting his or her child under age 14 to handle or use an air-gun outside of the parent’s or guardian’s presence.3
Within a municipality, Minnesota prohibits any person from furnishing a minor (under age 18) with an airgun without the prior consent of the minor’s parent or guardian or the municipality’s police department.4
Minnesota also prohibits the use, brandishing, possession, storage or keeping of a BB gun while knowingly on school property.5
The aforementioned prohibitions are subject to several exceptions, including possession of BB guns by a ceremonial color guard or with the written permission of the principal or other person having general control and supervision of the school or the director of a child care center.6
1.Minn. Stat. § 624.7181, subd. 1, subd. 2. This prohibition is subject to the following exceptions:
• The BB gun is being carried to, from, or at a place where firearms are repaired, bought, sold, traded, or displayed, or where hunting, target shooting, or other lawful activity involving firearms occurs, or at funerals, parades, or other lawful ceremonies;
• The BB gun is unloaded and in a gun case expressly made for a firearm and which fully encloses the firearm with no portion of the gun exposed;
• The person has a permit to carry a handgun;
• The BB gun is an antique firearm that is being carried as a curiosity or for its historical significance or value; or
• The BB gun is being transported unloaded and in the closed trunk of a motor vehicle.
Minn. Stat. § 624.7181, subd. 1.
2.Minn. Stat. § 609.713, subd. 3(a).
3.Minn. Stat. § 609.66, subd. 1(a)(6).
4.Minn. Stat. § 609.66, subd. 1b.
5.Minn. Stat. § 609.66, subd. 1d(b), (c).
6.Minn. Stat. § 609.66, subd. 1d(f)(6), (8).
Minnesota State Air-gun laws defined:
609.66 DANGEROUS WEAPONS.
Subdivision 1.Misdemeanor and gross misdemeanor crimes.
(a) Whoever does any of the following is guilty of a crime and may be sentenced as provided in paragraph (b):
Minnesota Firearms Laws
(Felony)
The following crimes are felonies, punishable by various maximum penalties, depending on the offense:
possessing, storing, or keeping a dangerous weapon, or using or brandishing a replica firearm or BB gun on
elementary or secondary school property or in a school bus while it is transporting students (certain exceptions
apply);
Terroristic Threats
(Gross Misdemeanor)
A person commits the crime of terroristic threats if the person displays, exhibits, brandishes, or otherwise employs a replica firearm or a BB gun in a threatening manner and causes or attempts to cause terror in another person or acts in reckless disregard of the risk of causing such terror.
Maximum penalty: one year imprisonment and/or $3,000
fine. Minn. Stat. § 609.713
Carrying a BB Gun, Rifle, or
Shotgun in a Public Place
(Felony;
Gross Misdemeanor)
A person who carries a BB gun, rifle, or shotgun in a public place is guilty of a gross misdemeanor, unless the act is included in one of several statutory exceptions. If the person is under the age of 21 and carries an semiautomatic military style assault weapon in a public place, the penalty becomes a felony punishable by up to five years imprisonment and/or
$10,000 fine. Minn. Stat. § 624.7181
(6) outside of a municipality and without the parent’s or guardian’s consent, furnishes a child under 14 years of age, or as a parent or guardian permits the child to handle or use, outside of the parent’s or guardian’s presence, a firearm or air-gun of any kind, or any ammunition or explosive.
Possession of written evidence of prior consent signed by the minor’s parent or guardian is a complete defense to a charge under clause (6).
(b) A person convicted under paragraph (a) may be sentenced as follows:
(1) if the act was committed in a public housing zone, as defined in section 152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision 14a, or a park zone, as defined in section 152.01, subdivision 12a, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both; or
<!–[if !supportLists]–>(2) <!–[endif]–>otherwise, including where the act was committed on residential premises within a zone described in clause (1) if the offender was at the time an owner, tenant, or invitee for a lawful purpose with respect to those residential premises, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
<!–[if !supportLists]–>(3) <!–[endif]–>Subd. 1b.Felony; furnishing to minors.
<!–[if !supportLists]–>(4) <!–[endif]–>Whoever, in any municipality of this state, furnishes a minor under 18 years of age with a firearm, air gun, ammunition, or explosive without the prior consent of the minor’s parent or guardian or of the police department of the municipality is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both. Possession of written evidence of prior consent signed by the minor’s parent or guardian is a complete defense to a charge under this subdivision.
<!–[if !supportLists]–>(5) <!–[endif]–>Subd. 1c.Felony; furnishing dangerous weapon.
<!–[if !supportLists]–>(6) <!–[endif]–>Whoever recklessly furnishes a person with a dangerous weapon in conscious disregard of a known substantial risk that the object will be possessed or used in furtherance of a felony crime of violence is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
<!–[if !supportLists]–>(7) <!–[endif]–>Subd. 1d.Possession on school property; penalty.
<!–[if !supportLists]–>(8) <!–[endif]–>(a) Except as provided under paragraphs (d) and (f), whoever possesses, stores, or keeps a dangerous weapon while knowingly on school property is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
<!–[if !supportLists]–>(9) <!–[endif]–>(b) Whoever uses or brandishes a replica firearm or a BB gun while knowingly on school property is guilty of a gross misdemeanor.
<!–[if !supportLists]–>(10) <!–[endif]–>(c) Whoever possesses, stores, or keeps a replica firearm or a BB gun while knowingly on school property is guilty of a misdemeanor.
<!–[if !supportLists]–>(11) <!–[endif]–>(d) Notwithstanding paragraph (a), (b), or (c), it is a misdemeanor for a person authorized to carry a firearm under the provisions of a permit or otherwise to carry a firearm on or about the person’s clothes or person in a location the person knows is school property. Notwithstanding section 609.531, a firearm carried in violation of this paragraph is not subject to forfeiture.
<!–[if !supportLists]–>(12) <!–[endif]–>(e) As used in this subdivision:
<!–[if !supportLists]–>(13) <!–[endif]–>(1) “BB gun” means a device that fires or ejects a shot measuring .18 of an inch or less in diameter;
<!–[if !supportLists]–>(14) <!–[endif]–>(2) “dangerous weapon” has the meaning given it in section 609.02, subdivision 6;
<!–[if !supportLists]–>(15) <!–[endif]–>(3) “replica firearm” has the meaning given it in section 609.713; and
<!–[if !supportLists]–>(16) <!–[endif]–>(4) “school property” means:
<!–[if !supportLists]–>(17) <!–[endif]–>(i) a public or private elementary, middle, or secondary school building and its improved grounds, whether leased or owned by the school;
<!–[if !supportLists]–>(18) <!–[endif]–>(ii) a child care center licensed under chapter 245A during the period children are present and participating in a child care program;
<!–[if !supportLists]–>(19) <!–[endif]–>(iii) the area within a school bus when that bus is being used by a school to transport one or more elementary, middle, or secondary school students to and from school-related activities, including curricular, co-curricular, non-curricular, extracurricular, and supplementary activities; and
<!–[if !supportLists]–>(20) <!–[endif]–>(iv) that portion of a building or facility under the temporary, exclusive control of a public or private school, a school district, or an association of such entities where conspicuous signs are prominently posted at each entrance that give actual notice to persons of the school-related use.
<!–[if !supportLists]–>(21) <!–[endif]–>(f) This subdivision does not apply to:
<!–[if !supportLists]–>(22) <!–[endif]–>(1) active licensed peace officers;
<!–[if !supportLists]–>(23) <!–[endif]–>(2) military personnel or students participating in military training, who are on-duty, performing official duties;
<!–[if !supportLists]–>(24) <!–[endif]–>(3) persons authorized to carry a pistol under section 624.714 while in a motor vehicle or outside of a motor vehicle to directly place a firearm in, or retrieve it from, the trunk or rear area of the vehicle;
<!–[if !supportLists]–>(25) <!–[endif]–>(4) persons who keep or store in a motor vehicle pistols in accordance with section 624.714 or 624.715 or other firearms in accordance with section 97B.045;
<!–[if !supportLists]–>(26) <!–[endif]–>(5) firearm safety or marksmanship courses or activities conducted on school property;
<!–[if !supportLists]–>(27) <!–[endif]–>(6) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial color guard;
<!–[if !supportLists]–>(28) <!–[endif]–>(7) a gun or knife show held on school property;
<!–[if !supportLists]–>(29) <!–[endif]–>(8) possession of dangerous weapons, BB guns, or replica firearms with written permission of the principal or other person having general control and supervision of the school or the director of a child care center; or
<!–[if !supportLists]–>(30) <!–[endif]–>(9) persons who are on unimproved property owned or leased by a child care center, school, or school district unless the person knows that a student is currently present on the land for a school-related activity.
<!–[if !supportLists]–>(31) <!–[endif]–>(g) Notwithstanding section 471.634, a school district or other entity composed exclusively of school districts may not regulate firearms, ammunition, or their respective components, when possessed or carried by nonstudents or nonemployees, in a manner that is inconsistent with this subdivision.
Subd. 1e.Felony; drive-by shooting.
<!–[if !supportLists]–>(32) <!–[endif]–>(a) Whoever, while in or having just exited from a motor vehicle, recklessly discharges a firearm at or toward another motor vehicle or a building is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both.
<!–[if !supportLists]–>(33) <!–[endif]–>(b) Any person who violates this subdivision by firing at or toward a person, or an occupied building or motor vehicle, may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
<!–[if !supportLists]–>(34) <!–[endif]–>(c) For purposes of this subdivision, “motor vehicle” has the meaning given in section 609.52, subdivision 1, and “building” has the meaning given in section 609.581, subdivision 2.
ADA,
Chapter 50 OFFENSES AND MISCELLANEOUS PROVISIONS – Ada, Minnesota – Code of Ordinances
Sec. 50-1. – Discharge of firearms.
<!–[if !supportLists]–>(a) <!–[endif]–>Definitions. As used in this section:
BB gun has the meaning given it in M.S.A. § 624.7181, subd. 1(a), as amended.
(b)
Prohibited generally. Except as specifically authorized in subsection (e), it is hereby prohibited and made unlawful to fire or discharge any firearm, dangerous weapon, pistol, or semi-automatic military-style assault weapon within the corporate limits of the city. Except as specifically authorized in subsection (e), it is hereby prohibited and made unlawful to fire or discharge any air-gun, spring gun, BB gun, paintball gun, Saturday night special pistol, slingshot, or bow and arrow within the corporate limits of the city if, and only if, such fire or discharge causes damage to property.
(c)
Penalty for violation of section. Any person who shall fire or discharge any firearm, dangerous weapon, pistol, or semi-automatic military-style assault weapon within the corporate limits of the city shall, upon conviction, be fined not less than $100.00 and the costs of prosecution and not more than $1,000.00 and the costs of prosecution and, in default of the payment of such fine and costs, shall be imprisoned in the city prison for not less than two or more than 15 days. Any person who shall fire or discharge, and cause damage to property thereby, any air gun, spring gun, BB gun, paintball gun, Saturday night special pistol, slingshot, or bow and arrow within the corporate limits of the city shall, upon conviction, be fined not less than $25.00 and the costs of prosecution and not more than $300.00 and the costs of prosecution and, in default of the payment of such fine and costs, shall be imprisoned in the city prison for not less than two or more than 15 days.
(d)
Permitted discharge by gun clubs or archery clubs. Permission may be granted by the city council to any gun club or archery club to practice shooting within the fairgrounds in the city.
(e)
Exceptions. Subsection (b) shall not apply to:
(1)
Law enforcement officials in the proper enforcement of the law.
(2)
Armed Forces of the United States or State of Minnesota acting under military authority.
(3)
Persons whose firearm or other weapon is using blank ammunition in conjunction with a sporting event or upon a ceremonial occasion or funeral.
(4)
Persons acting in self-defense when the use of firearms or other weapons for that purpose would not be unlawful under the laws of the State of Minnesota.
(Ord. No. 5, §§ I—III, 2-19-06; Ord. No. 449, § 1, 9-6-11)
ALBERT LEA,
ARTICLE III. OFFENSES AGAINST PUBLIC SAFETY – Albert Lea, Minnesota – Code of Ordinances
Sec. 38-61. – Dangerous weapons and articles.
(d)
Discharge of firearms. It is unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm, air gun, air rifle or other similar device commonly referred to as a B-B gun, except as may be authorized by the chief of police.
BAYPORT,
ARTICLE II. FIREARMS AND WEAPONS – Bayport, Minnesota – Code of Ordinances
Sec. 38-31. – Definitions
Fire arm. Any gun, pistol, revolver, rifle or the like capable of firing a projectile and using an explosive charge as a propellant.
General weapons. Any wrist rocket, slingshot, club, metal knuckles, dagger, Bowie knife, air rifle, air gun, BB gun, paintball gun, spring gun, stun gun, nun chucks, throwing stars, bow and arrow, switchblade, firearm or any similar device for the propulsion of shot or other metal pellet by whatever means and any other dangerous or deadly weapon or instrument.
Sec. 38-32. – Regulation of possession and discharge of weapons.
Except as otherwise provided, it is unlawful for any person other than a police officer to:
(1)
Fire or discharge any firearm within the corporate limits of the city.
(2)
Fire, discharge, release, throw or in any other manner propel a general weapon, as defined, anywhere within the city in a manner that creates a public nuisance or impairs the health, safety, or welfare of the general public.
(3)
Wear under one’s clothes or conceal about one’s person any pistol without a permit, any firearm not permitted to be concealed by state law, or any other general weapon.
(4)
Wear or carry a loaded weapon for hunting or other purposes in the city.
(5)
Carry a loaded weapon in any bag, sack, box, knapsack, purse, or other such carrying device which hides the presence of the weapon.
If any police officer personally observes conduct violating this section, the weapon may be immediately seized and held in the custody of the city police department pending appropriate court action. If the court determines a violation of this section has occurred, the weapon involved in the violation is forfeited to the city. In addition to the forfeiture a violation of this section is a misdemeanor.
(Ord. No. 790, § 1, 6-4-07)
State law reference— Discharge of weapons, M.S.A. § 609.60.
DIVISION 1. GENERALLY – Bayport, Minnesota – Code of Ordinances
Sec. 26-28. – Public nuisances affecting peace and safety
(22)
Any person possessing a knife, razor blade, needle, blow dart, blow gun, metal knuckle or star, a volatile gas, flammable liquid, cigarette lighter, matches, club chain, BB gun, starter gun, spray or liquid paint container on any public property with the intent to use the devices in an unlawful manner.
(Ord. No. 581, § 1, 10-1-73; Ord. No. 686, § 686.01, 1-3-94; Ord. No. 787, § 1, 4-2-07)
BEMIDJI,
ARTICLE IV. OFFENSES AGAINST PUBLIC SAFETY – Bemidji, Minnesota – Code of Ordinances
Sec. 18-103. – Firearms, bows and hunting
Firearm means any cannon, shotgun, rifle, handgun or other firearm of any description, and any air-gun, air rifle or other similar device commonly referred to as a “BB gun.”
BLAINE,
DIVISION 2. WEAPONS Blaine, Minnesota Code of Ordinances
Sec. 50-111. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Deadly weapons means the following:
(1)
All firearms;
(2)
Bows and arrows when arrows are point tipped;
(3)
All instruments used to expel at high velocity any pellets of any kind including, but not limited to, BB guns and air rifles;
(4)
Slingshots;
(5)
Sand clubs;
(6)
Metal knuckles; and
(7)
Daggers, dirks and knives.
(Code 1963, § 101.01; Code 1980, § 13-40)
Cross reference— Definitions generally, § 1-2.
Sec. 50-112. Violations.
Any person violating this division is guilty of a misdemeanor, and in addition thereto, any weapons used or carried shall be seized and impounded and destroyed on order of any court of competent jurisdiction.
(Code 1963, § 101.11; Code 1980, § 13-45; Ord. No. 204, 8-7-1969)
Sec. 50-114. Possession of deadly weapons concealed or in public park.
Except as provided in Min. Stat. § 624.714, the possession by any person other than a law enforcement officer of any deadly weapon concealed or furtively carried on the person is hereby prohibited.
(Code 1963, § 101.05; Code 1980, § 13-41; Ord. No. 392, 8-15-1974; Ord. No. 597, 12-21-1978; Ord. No. 04-2016, 5-20-2004)
Cross reference— Parks and recreation, ch. 54.
Sec. 50-115. Discharge of deadly weapon limited; archery permit; special permit at funerals; hunting with firearm.
(a)
Except as specifically authorized in this division and in article VII, chapter 22 of this Code, all discharging and use of deadly weapons within the city are hereby prohibited.
(b)
The city manager may issue permits for archery ranges within the city to allow the discharge and use of bows and arrows in conjunction with an approved archery range.
(c)
The police department may issue special permits to persons firing salutes over the graves of deceased persons. Any permits issued under this section shall be in writing and in the possession of the person using the permit.
(d)
The city manager or his designee is authorized to issue temporary hunting permits for muzzle loaders only for hunting deer in the city, provided that such permits shall be issued only for the deer season in zone 3 as authorized by the state department of natural resources, and provided that all applicable state laws and regulations are observed, and provided that such deer hunters shall have in their possession written permission of the property owner on whose property they intend to hunt. The city manager may establish hunting area limits to protect the public safety and welfare and such hunting areas shall be approved by the city council.
(e)
All rules and regulations as established by the state department of natural resources regarding hours, limits, zones and so forth shall be adhered to.
(Code 1963, §§ 63.01, 101.06; Code 1980, § 13-42; Ord. No. 326, 8-1-1974; Ord. No. 392, 8-15-1974; Ord. No. 663, 9-19-1979; Ord. No. 742, 10-1-1981; Ord. No. 762, 8-19-1982)
BLUE EARTH COUNTY,
ARTICLE I. IN GENERAL – Blue Earth County, Minnesota – Code of Ordinances
Sec. 12-1. – Purpose of chapter.
The purpose of this chapter, which is enacted pursuant to state statutes, is to secure the quiet, orderly, and suitable use and enjoyment of public park reserves, county recreation areas, county-wide trail systems, wildlife sanctuaries, forests, historical sites, and public access to lakes, rivers and streams, in parks established by the county or the state, and to further the safety, health, comfort and welfare of all persons in their use.
(Ord. No. 410, § 1)
Sec. 12-2. – Title of chapter.
This chapter shall be known as the Parks Ordinance of Blue County, and will be referred to in this chapter as “this chapter.”
(Ord. No. 410, § 2)
Sec. 12-3. – Definitions.
Weapon means any device from which shot or a projectile of any type can be discharged by means of an explosive, gas or compressed air, or otherwise propelled including, but not limited to, firearms, bows and arrows, slings and spring guns.
Protection of natural resources and wildlife.
(3)
Shoot any weapon in or into a park from beyond park boundaries including, but not limited to: firearms, archery equipment, BB guns and slingshot.
Carver,
Chapter 11 – Penal Regulations and Offenses
Section 1105 – WEAPONS
1105.01 Pointing of Guns Prohibited. No person shall, within the City, aim or point any
firearm, air gun or B.B. gun, of any kind, whether loaded or not, at or towards another human
being, except it being in defense of person or persons or property against one committing or
attempting to commit a felony.
CHAMPLIN,
DIVISION 2. FIREARMS -Champlin, Minnesota – Code of Ordinances
Sec. 38-45. – Definition.
The term “firearms” means any device from which a projectile is propelled by, but not limited to, gunpowder, CO2, spring action or air. This definition shall be deemed to include, but not limited to, shotguns, rifles, pellet/BB guns, pistols, revolvers, slingshots, blowguns, and bows and arrows.
(Code 1977, § 8-202)
Sec. 38-46. – Use of firearms.
(a)
Discharge of firearms. It shall be unlawful to use, fire, or discharge firearms within the city.
(b)
Possession and transfer of firearms. It shall be unlawful for any person to sell, give, lend or in any way cause any person under 18 years of age to possess any air rifle, pellet gun, BB gun slingshot, blowgun, or bow and arrow without a parent or legal guardian present and without permission from said parent or legal guardian. It shall be unlawful for any person under 18 years of age to possess any such device anywhere except property described as his residence except for the express purpose of legal hunting and with a hunting permit as required herein.
(Code 1977, § 8-203)
Sec. 38-47. – Exemptions allowed.
(a)
This division shall not prohibit the use of firearms by a legally appointed police officer or by a member of a duly licensed gun club as hereinafter provided when firing or discharging firearms on the authorized firing range of the club and within the prescribed hours for shooting.
(b)
Nothing in this division applies to activities permitted by the Three Rivers Park District.
(c)
Nothing in this division shall be construed to include the use of firearms or any other weapon when done in the lawful defense of persons, property, family or the necessary enforcement of the law.
(Code 1977, § 8-205)
ARTICLE II. PUBLIC CONDUCT IN PARKS -Champlin, Minnesota – Code of Ordinances
Sec. 42-28. – Animal wildlife.
No person shall rob, injure or destroy any bird or animal nest within the limits of any park, nor shall any person display or discharge any air gun, sling shot, arrow or other weapon, or throw any stone or other projectile at any bird or animal within any park, nor in any manner capture, kill or harm in any way any bird or animal therein, and no person shall hunt, trap, capture, kill or harass any animal, bird, or other wildlife in any public park.
CHANHASSEN,
ARTICLE IV. PARK RULES – Chanhassen, Minnesota – Code of Ordinances
Sec. 14-63. – Destructive devices.
No air-rifles, BB guns, slingshots, explosives, fireworks, or devices capable of discharging blank ammunition shall be brought into or used in park areas, except discharge of a bow at an archery range in accordance with park rules and by peace officers while executing their lawful duties. City sanctioned firework displays are exempt from this requirement.
(Ord. No. 59, § 14, 7-21-75; Ord. No. 345, § 2, 9-8-03; Ord. No. 360, § 6, 12-8-03)
CHATFIELD,
Chapter 18 OFFENSES AND MISCELLANEOUS PROVISIONS – Chatfield, Minnesota – Code of Ordinances
Sec. 18-4. – Discharge of firearms.
(a)
Prohibition.
(1)
No person shall fire, shoot, or discharge a firearm from or on any public street, alley, public ground, or public park within the city, or from or on the real property of another person.
(2)
No person shall fire, shoot, or discharge any firearm within or without the city in such a manner that any bullet or projectile fired from the firearm travels across or onto the real property of another person, or across or onto any public street, alley, public ground, or public park within the city.
(b)
Definitions. The following word, term and phrase, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearm means any weapon from which is propelled any projectile or bullet by means of explosive or gas.
(6)
A person firing or discharging a firearm which propels a single projectile which is a spherical steel shot, 0.177 caliber or less, commonly referred to as “BB” gun.
(Code 1999, §§ 8.7.1—8.7.3)
State law reference— Local firearms ordinances, Minn. Stat. § 471.633.
CLEARWATER,
ARTICLE II. PUBLIC CONDUCT IN PARKS – Clearwater, Minnesota – Code of Ordinances
Sec. 26-19. – Definitions.
Weapon means any device from which shot or a projectile of any type can be discharged by means of an explosive, gas or compressed air or otherwise propelled, including, but not limited to, firearms, bows and arrows, slings and spring guns.
CROSSLAKE,
ARTICLE III. DANGEROUS WEAPONS AND ARTICLES – Crosslake, Minnesota – Code of Ordinances
Sec. 30-54. – Incorporation of state law.
The provisions of M.S.A. ch. 97B, as amended, are incorporated herein by reference.
(Ord. No. 97, § 2(7.24(subd. 1)), 9-14-1998; Ord. No. 212, § 2(7.24(subd. 1)), 10-10-2005)
Sec. 30-55. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bows and arrows means all long bows, including crossbows, used for target and hunting as regulated and defined in M.S.A. ch. 97B, as amended.
Firearms means and includes guns, pistols, rifles, shotguns, antique firearms and Saturday night specials, as defined in M.S.A. § 624.712, or any device capable of discharging a single projectile or multiple projectiles by means of controlled explosion of chemical compounds, a gas, or pneumatic pressure. The definition of the term “firearms,” as used in this section, shall also include definitions provided in M.S.A. chs. 609 and 624.
(Ord. No. 97, § 2(7.24(subd. 1)), 9-14-1998; Ord. No. 212, § 2(7.24(subd. 1)), 10-10-2005)
Sec. 30-56. – Restricted use.
(a)
It shall be unlawful to discharge any firearm, as defined herein, within 500 feet, or a bow and arrow within 200 feet, of any building commonly occupied by a human being or livestock without written permission of the owner, occupant, or lessee. Said restricted use shall include hunting, target practice and firearms or archery ranges.
(b)
It shall be unlawful to hunt with either firearms or bows and arrows on city-owned property.
(c)
Target practice for bow and arrow and firearms shall only be allowed on private property.
(d)
Target practice for bow and arrow and firearms on private property must comply with the provisions of subsection (a) of this section and must have an impenetrable backstop extending from the ground to at least two feet above and two feet beyond either side of the target, with a minimum outside to outside distance of four feet and a minimum height from the ground of at least four feet. These restrictions shall not apply to target practice within a fully enclosed structure.
(e)
This article shall not operate to prevent or restrict events or instructional programs administered through the city park and recreation department, which events are located on city property.
(Ord. No. 97, § 2(7.24(subd. 2)), 9-14-1998; Ord. No. 212, § 2(7.24(subd. 2)), 10-10-2005)
Sec. 30-57. – Exceptions.
(a)
This article shall not apply to any police or peace officer, sheriff’s deputy, conservation officer, or any other person acting under the direction of any police or peace officer, sheriff’s deputy or conservation officer, in the furtherance of their official duties.
(b)
This article shall not apply to any individual holding a valid permit that has been issued in accordance with a duly authorized city hunt.
(Ord. No. 97, § 2(7.24(subd. 3)), 9-14-1998; Ord. No. 212, § 2(7.24(subd. 3)), 10-10-2005)
Sec. 30-58. – Penalties.
Any person who violates this article shall, upon conviction, be guilty of a misdemeanor, and shall be subject to a fine or imprisonment, or both, as prescribed by state law.
(Ord. No. 97, § 2(7.24(subd. 4)), 9-14-1998; Ord. No. 212, § 2(7.24(subd. 4)), 10-10-2005)
Sec. 30-59. – Misuse, manufacture, transfer, sale and possession restricted.
(a)
It is unlawful for any person to:
(1)
Recklessly handle or use a gun or other dangerous weapon or explosive so as to endanger the safety of another;
(2)
Intentionally point a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another;
(3)
Manufacture or sell for any unlawful purpose any weapon known as a slingshot or sand club;
(4)
Manufacture, transfer or possess metal knuckles or a switch blade knife opening automatically;
(5)
Possess any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another;
(6)
Sell or have in his possession any device designed to silence or muffle the discharge of a firearm;
(7)
Permit, as a parent or guardian, any child under 14 years of age to handle or use, outside of the parent’s or guardian’s presence, a firearm or air gun of any kind, or any ammunition or explosive; or
(8)
Furnish a minor less than 18 years of age with a firearm, air gun, ammunition, or explosive without the written consent of his parent or guardian or of the police department.
(b)
Nothing in this section shall prohibit the possession of the articles therein mentioned if the purpose of such possession is for public exhibition by museums or collectors of art.
(Code 1983, § 7.10)
State law reference— Local regulation of pistols and Saturday night special restricted, M.S.A. § 624.717.
Sec. 30-60. – Possession and sale of fireworks.
It is unlawful for any person to sell, possess or have in possession for the purpose of sale any firecrackers, sky rockets or other fireworks.
(Code 1983, § 7.10(subd. 3)
State law reference— Fireworks generally, M.S.A. § 624.20 et seq.; sale, possession and use of fireworks, M.S.A. § 624.21.
DULUTH,
Chapter 49 – Weapons
CHAPTER 49.
WEAPONS.1
Article I. In General. § 49-8.2. Air-guns, paintball guns.
Sec. 49-8.2. Air-guns, paintball guns.
(a) Possession of air-guns.
No person shall possess or have in his or her control any air-gun in the city except:
(1) Within the home or other residence, or another building accessory thereto as
defined in Section 50-1.1 of this Code, of the person possessing such air gun;
(2) Within any commercial or manufacturing establishment manufacturing, repairing,
altering, modifying or offering for sale in the stream of commerce such air gun;
(3) Within an area zoned as suburban under Chapter 50 of this Code;
(4) On premises for which the chief of police has issued a permit for such purpose
under subsection (c) below;
(5) In areas of the city not described in sub-subsections (1) through (4) above if all
projectiles have been removed from such air gun and if the air gun is fully enclosed in a case made
expressly to contain an air gun or firearm which fastens in a manner which fully encloses said air gun and
all such fasteners are appropriately fastened;
(b) Discharge of air guns.
No person shall discharge any air gun except in areas described in sub-subsections (1) through (4)
of subsection (a) above or in a place or manner which creates a substantial risk of injuring any other
person;
(c) Premises permits.
Upon the written application therefore in a form acceptable to the chief of police, he or she may
issue a permit to discharge air guns on specified premises in the city which do not fall within areas
described in sub-subsections (1) through (4) of subsection (a) above for the purposes of allowing the
establishment of shooting ranges, paintball gaming facilities and other similar uses under such terms and
conditions as, in the exercise of his or her discretion the chief determines reasonably necessary or
advisable to protect the safety of the participants therein and the general public. (Ord. No. 9630,
10-27-2003, § 5.)
Sec. 49-8.3. Definitions.
For the purposes of this Article the following terms and phrases shall have the meanings
hereinafter ascribed to them:
(a) Air gun. Shall mean an instrumentality designed for and used to fire or eject one or more
projectiles by means of a spring or by compressed air or other gas or vapor. The term, air gun, shall not
include instrumentalities designed and intended to fire or eject a projectile under water in conjunction with scuba diving, instrumentalities designed and intended to fire or eject a fastener as part of the construction trades or children’s toys; an air gun of the type commonly referred to as a BB gun is not a children’s toy for the purposes of this subsection;
Chapter 35 – Parks and Recreation
CHAPTER 35.
PARKS AND RECREATION.1
Article I. In General.
EAGAN,
Chapter 6 OTHER BUSINESS REGULATION AND LICENSING – Eagan, Minnesota – Code of Ordinances
Sec. 6.46. – Paintball sport facility.
Subd. 1.
Definitions. The following terms, as used in this section, shall have the meanings stated:
A.
Paintball means a round, thin-skinned gelatin capsule filled with a nontoxic, non-caustic, water-soluble and biodegradable colored liquid specifically designed and manufactured to be expelled from a paintball gun.
B.
Paintball facility means any building, structure or location at which a paintball game is played.
C.
Paintball game means a game or sport, for adult recreational purposes, of which the objective is to tag opposing players with a paintball expelled or discharged from a paintball gun.
D.
Paintball gun means a gun from which 0.68 caliber paintballs are expelled by the use of CO 2 pressure set for a maximum velocity of 250 feet per second.
Subd. 2.
License required. It is unlawful for any person to operate a paintball facility without first obtaining a license therefor from the city. The operation of a paintball facility within the city for which a license will not issue is unlawful.
Subd. 3.
License application. All applications for a license for the operation of a paintball facility shall be made on a for furnished by the city which states, among other things, the name and address of the applicant, the owner and operator of the paintball facility, the name and address of the paintball facility, and the approval of the fire marshal and police chief of the paintball facility. The city clerk may approve or deny the application in accordance with this section.
Subd. 4.
Licensing requirements. No license shall be issued hereunder unless the following conditions are met, and any license issued hereunder shall be subject to the following conditions:
A.
The paintball facility shall provide solely for indoor paintball games; no paintball game shall be played outdoors.
B.
It is unlawful to discharge or otherwise fire a paintball gun except on an indoor paintball field while engaged in a paintball game.
C.
It is unlawful to discharge or otherwise fire a paintball gun at another person who is not equipped with protective face gear as approved by International Paintball Players Association (IPPA).
D.
It is unlawful for any person under 14 years of age, or any person 14 or 15 years of age without the accompaniment of a parent or guardian, to participate in any paintball game or be in possession of any paintball gun on the licensed premises.
E.
It is unlawful to carry a paintball gun while off the paintball field without the barrel plug engaged.
F.
Paint guns not meeting the definition set forth in subdivision 1 herein are prohibited on the licensed premises.
G.
The paintball field on which the paintball game is played shall be at a minimum of 7,000 square feet and completely enclosed by Plexiglas.
H.
The licensee shall provide all persons engaged in a paintball game with protective gear as recommended and approved by the IPPA.
I.
It is unlawful to allow alcohol on the licensed premises, and the licensee shall prohibit any person reasonably believed to be under the influence of alcohol or a controlled substance from playing paintball on the premises.
J.
The paintball facility shall be located on property on which a commercial or recreational facility is a permitted or conditional use under the zoning regulations in this Code.
Subd. 5.
Noncompliance. Failure to comply with any licensing requirement set forth in this section or any other violation of the City Code shall constitute sufficient cause for the termination of the license by the council following a public hearing.
(Ord. No. 170, 2nd series, eff. 10-29-93; Ord. No. 498, 2nd series, §§ 17, 18, eff. 2-21-2012)
EAST BETHEL,
ARTICLE IV. FIREARMS – East Bethel, Minnesota – Code of Ordinances
Sec. 42-168. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm means a gun that discharges shot or a projectile by means of an explosive, a gas, or compressed air.
Owner means a person having a right or interest in the subject property, evidence of which is filed and recorded in the office of the county recorder or registrar of titles.
EXCELSIOR,
ARTICLE I. IN GENERAL Excelsior, Minnesota Code of Ordinances
Sec. 24-22. Hunting animals, etc.
No person shall rob, injure, or destroy any bird’s nest within the limits of any park or parkway, nor aim or discharge any air gun, sling-shot, or other weapon, or throw any stone or other missile, at any bird or bird’s nest or wild creature within any park, nor in any manner, tease, capture, or kill any bird or wild creature therein.
(Code 1982, § 230:35)
FAIRMONT,
ARTICLE III. PARK RULES Fairmont, Minnesota Code of Ordinances
Sec. 18-31. Definitions
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Weapon means any device from which shots or projectiles of any kind can be discharged by means of an explosive gun, compressed air or otherwise propelled, including but not limited to fire arms, bow and arrows, slings and spring guns.
FALCON HEIGHTS,
ARTICLE I. IN GENERAL – Falcon Heights, Minnesota – Code of Ordinances
Sec. 30-3. – Discharge of guns prohibited.
It shall be unlawful for any person to shoot or discharge any gun, air gun, pistol, revolver or other firearm or bow and arrow within the corporate limits of the city. The provisions of this section shall not apply to:
(1)
Persons while they are exercising the right of self-defense or defense of others.
(2)
Police officers or members of the armed forces of the United States or National Guard, while engaged in official duties as such.
(Code 1993, § 8-3.04)
FARIBAULT,
CHAPTER 1. INTRODUCTORY PROVISIONS – Faribault, Minnesota – Code of Ordinances
Sec. 1-120. – Definitions
Firearm. Any device, designed to be used as a weapon, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or other form of combustion, but excluding antique firearm, “BB” gun, scuba gun, stud or nail gun used in the construction industry, or toy gun.
GRAND RAPIDS,
ARTICLE II. OFFENSES INVOLVING PUBLIC SAFETY Grand Rapids, Minnesota Code of Ordinances
Sec. 42-42. Firearms.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1)
The term “firearms” shall mean any device from which may be fired or ejected one or more solid projectiles by means of a cartridge or shell or by the action of an explosive substance; or for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas or vapor.
(3)
All instruments used to propel a high-velocity pellet of any kind, including but not limited to air rifles and compressed air guns.
(4)
Slingshots.
(5)
Any similar type instrument, whether such instrument is called by any name set forth in this definition or any other name. The term “dangerous weapon” does not include a stud gun or nail gun used in the construction industry or children’s popguns or toys.
(b)
Discharge. No person shall discharge within the city in zone one (1) any loaded firearms, slingshot, bow and arrow, air rifle, or other device for throwing projectiles except for any authorized association or club operating a rifle range or other firearms concession with the express permission and authorization of the city council. Such permits shall set up specifications as to supervision, locations, and liability insurance. Such groups that may request the use of city property or any privately or publicly held land, which exists within the city limits, must apply for a permit to conduct activities that involve the discharge of firearms. Such permit requests will only be granted upon a majority vote of a quorum and only after input from the chief of police or designee.
HUGO,
ARTICLE I. IN GENERAL – Hugo, Minnesota – Code of Ordinances
Sec. 50-1. – Shooting regulations.
(a)
Definitions:
(1)
Controlled weapon is defined as any device that discharges a projectile by means other than an explosive, a gas, or compressed air, which is capable of producing death or great bodily harm. Controlled weapons include, but are not limited to, bow-and-arrow and crossbow (referred to as “archery equipment”).
(2)
Firearm is defined as any gun that discharges a projectile or shot by means of an explosive, a gas, or compressed air which is capable of producing death or great bodily harm.
INTERNATIONAL FALLS,
Chapter 10 PUBLIC PROTECTION, CRIMES AND OFFENSES – International Falls, Minnesota – Code of Ordinances
Sec. 10-10. – Dangerous weapons and articles.
(a)
Acts prohibited. It is unlawful for any person to:
(1)
Recklessly handle or use a gun or other dangerous weapon or explosive so as to endanger the safety of another; or,
(2)
Intentionally point a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another; or,
(3)
Manufacture or sell for any unlawful purpose any weapon known as a slung-shot or sand club; or,
(4)
Manufacture, transfer or possess metal knuckles or a switch blade knife opening automatically; or,
(5)
Possess any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another; or,
(6)
Sell or have in his possession any device designed to silence or muffle the discharge of a firearm; or,
(7)
Permit, as a parent or guardian, any child under fourteen years of age to handle or use, outside of the parent’s or guardian’s presence, a firearm or air gun of any kind, or any ammunition or explosive; or,
(8)
Furnish a minor under eighteen years of age with a firearm, air gun, ammunition, or explosive without the written consent of his parent or guardian or of the police department.
(b)
Exception. Nothing in subsection (a) of this section shall prohibit the possession of the articles therein mentioned if the purpose of such possession is for public exhibition by museums or collectors of art.
(c)
Discharge of firearms and explosives. It is unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm, firecracker, sky rocket or other fireworks, except those fireworks permitted under M.S.A. § 624.20, Subd. 1(c) air gun, air rifle, or other similar device commonly referred to as a B-B gun.
(d)
Exception. Nothing in subsection (c) of this section shall apply to a display of fireworks by an organization or group of organizations authorized in writing by the council, or to a peace officer in the discharge of his duty, or to a person in the lawful defense of his person or family. This section shall not apply to the discharge of firearms in a range authorized in writing by the council.
(e)
Possession and sale of fireworks. It is unlawful for any person to sell, possess, or have in possession for the purpose of sale, except as allowed in subsection (d) of this section, any firecrackers, sky rockets or other fireworks, except those fireworks permitted under Minn. Stat. § 624.20, Subd.1(c).
(f)
Exposure of unused container. It is unlawful for any person, being the owner or in possession or control thereof, to permit an unused refrigerator, ice box, or other container, sufficiently large to retain any child and with doors which fasten automatically when closed, to expose the same accessible to children, without removing the doors, lids, hinges, or latches.
(g)
Use of bow and arrow. It is unlawful for any person to shoot a bow and arrow except in the physical education program in a school supervised by a member of its faculty, a community-wide supervised class or event specifically authorized by the chief of police, or a bow and arrow range authorized by the council.
(Ord. No. 3, 4th series, eff. 7-18-02)
LONG LAKE,
ARTICLE II. FIREARMS – Long Lake, Minnesota – Code of Ordinances
Sec. 20-31. – Use regulated.
No person shall fire, discharge or explode any gun, pistol, air rifle, slingshot or other weapon upon any street, alley, avenue or public or private place in this city.
(Code 1989, § 500.01)
State law reference— Discharging firearms and bows and arrows prohibited on, over or across an improved public highway, Minn. Stats. § 97B.055, subd. 1.
Sec. 20-32. – Lawful defense and enforcement.
Nothing in this article shall be construed to prevent the firing of a gun, pistol or firearm when done in the lawful defense of person, property or family or the necessary enforcement of the law.
(Code 1989, § 500.02)
MAPLE GROVE,
DIVISION 1. GENERALLY Maple Grove, Minnesota Code of Ordinances
Sec. 20-63. Dangerous weapons.
(a)
Definitions. For purposes of this section the following terms shall have the following meaning:
(1)
“Dangerous weapon” includes the following which are specifically designed as a weapon and capable of producing death or bodily harm, or any other device or instrumentality which in the manner it is used or intended to be used, is calculated or likely to produce death or bodily harm:
a.
Firearms, where any device from which is propelled a missile, projectile or other mass through a barrel by means of explosives, gas, air, or spring devices. Firearms include, but are not limited to shotguns, rifles, air guns, pellet guns, BB guns, pistols, revolvers, slingshots, blow-guns and bows and arrows;
b.
Paint ball guns;
MAPLEWOOD,
DIVISION 2. WEAPONS AND EXPLOSIVES Maplewood, Minnesota Code of Ordinances
Sec. 24-173. Discharge of firearms; possession or detonation of explosives or fireworks.
(a)
It shall be unlawful for any person to shoot or discharge any gun, revolver, pistol or firearm of any kind or description, including BB guns, pellet guns and air-guns, spring guns, or air- or gas-propelled guns, including CO2 guns, within the city, whether they are loaded with powder and ball, live ammunition or blank cartridges, or any kind of explosive or propellant capable of throwing or projecting any missile, including bullets, pellets, BBs, artillery shells, rockets or other missiles.
(b)
It shall be unlawful for any person in the city to have in his possession or to shoot, discharge or explode any preparation of potash, mixture of sulphur and saltpeter, nitroglycerin, dynamite, plastic explosive, fireworks or any other kind of explosive material. All such acts are hereby prohibited, unless specifically authorized by permit issued by the department of public safety or by permit issued by the state department of conservation.
(Code 1982, § 20-73)
Sec. 24-174. Prohibited weapons, prohibited acts.
(a)
It shall be unlawful for any person within the city to possess any device or weapon known as a slingshot, slingshot, sand club, metal knuckles, switchblade knife, dagger, stiletto, dirk, blackjack, chain club, pipe club, bowie knife, Molotov cocktail, grenade, throwing star, or similar device.
(b)
It shall be unlawful for any person within the city to carry or wear concealed about his person any pistol, BB gun, air gun or CO2 gun.
(Code 1982, § 20-75)
Sec. 24-175. Confiscation and disposition.
(a)
Any weapons or explosive materials duly adjudged by a court of competent jurisdiction to have been discharged, worn or carried in the city in violation of any ordinance, law, rule or regulation shall be confiscated by the city. Such weapons or explosive materials shall be turned over to the police chief to be kept, sold or disposed of in the manner provided in this section.
(b)
Any weapons or materials confiscated pursuant to this section may be kept and used by the department of public safety if the weapons or materials are adaptable to police purposes. Such weapons and materials which would be dangerous to reintroduce into channels of private sale or use may, in the discretion of the police chief, be destroyed. Such weapons or materials which may be safely placed into the hands of private owners may be sold by the police chief at public auction in a sealed bid sale pursuant to at least two weeks’ published notice of such sale.
(Code 1982, § 20-76)
MARSHALL,
ARTICLE III. OFFENSES INVOLVING PUBLIC SAFETY Marshall, Minnesota Code of Ordinances
Sec. 42-61. Discharge of high velocity pellets or arrows.
(a)
Enumeration of prohibited weapons. No person shall shoot or discharge any firearm, air rifle, BB gun, slingshot, bow and arrow, or any instrument used to expel at high velocity any pellets or arrows of any kind within the corporate limits of the city.
(b)
Exceptions. The provisions of subsection (a) of this section do not apply to the following:
(1)
Persons duly authorized to act as law enforcement officers, or members of the military forces of the United states or the state in the discharge of their duties.
(2)
Persons engaged in archery, target or trap shooting on archery, target or trap shooting ranges approved as such by the council.
(3)
Persons acting in self-defense when the use of firearms for that purpose would not be unlawful under the laws of the state.
(Code 1976, §§ 10.11, 10.12)
ARTICLE I. IN GENERAL Marshall, Minnesota Code of Ordinances
Sec. 14-2. General regulations.
(a)
No persons shall rob, injure or destroy any birds’ nests within the limits of any park or parkway within the corporate limits of this municipality, nor aim or discharge any air gun, slingshot or other weapon, or throw any stone or other missile at any bird or bird’s nest or wild animal within a park or parkway within the corporate limits of this municipality, nor in any manner capture or kill any bird or wild animal therein.
MINNEAPOLIS,
CHAPTER 520. INTRODUCTORY PROVISIONS Minneapolis, Minnesota Code of Ordinances
520.160. Definitions.
Firearm. Any device, designed to be used as a weapon, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or other form of combustion, but excluding antique firearm, “BB” gun, scuba gun, stud or nail gun used in the construction industry, or pop gun or toy gun.
Chapter 2 GENERAL REGULATIONS GOVERNING CONDUCT Minneapolis, Minnesota Code of Ordinances
PB2-8. Molesting birds or wildlife.
No person shall rob, injure or destroy any bird’s nest within the limits of any park or parkway, nor air or discharge any air gun, sling-shot, or other weapon, or throw any stone or other missile at any bird or bird’s nest or wild creature within any park or parkway, nor in any manner capture or kill any bird or wild creature therein. (Code 1960, As Amend., § 1010.120)
NEW HOPE,
Chapter 6 STREETS, ALLEYS AND PUBLIC PROPERTY New Hope, Minnesota Code of Ordinances
Sec. 6-13. Conduct in public parks.
(3)
Hunting and firearms. Hunt, trap or pursue wild life at any time. No person shall use, carry, or possess firearms of any descriptions, or air rifles, spring guns, bow and arrows, slings or any other form of weapons potentially inimical to wild life and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
NORTH BRANCH,
ARTICLE II. WEAPONS North Branch, Minnesota Code of Ordinances
Sec. 42-20. Weapons prohibited.
(c)
All instruments used to expel at high velocity any pellets of any kind including, but not limited to, BB guns, air rifles, and sling shots, shall not be discharged within 500 feet of any dwelling occupied by humans or animals.
(Code 1996, § 9.12.020)
State law reference— Carrying weapons permit, Minn. Stats. § 624.714.
Sec. 42-22. Minors under age of 14 years; guidelines; violation constitutes misdemeanor.
(a)
It is unlawful for any minor under the age of 14 years of age to handle, or have in his possession or under his control, except while accompanied by or under the immediate charge of his parents or guardian, any firearm, air gun, or BB gun of any kind for hunting or target practice or any other purpose, within the city.
(b)
Any person aiding or knowingly permitting any such minor, as mentioned in subsection (a) of this section violates the same and shall be guilty of a misdemeanor.
(Code 1996, § 9.12.040)
Sec. 42-23. Aiming or pointing weapons prohibited.
No person shall, within the city, aim or point any firearm, air gun or BB gun, of any kind, whether loaded or not, at or towards another human being, except it be in defense of person or property against one committing or attempting to commit a felony.
(Code 1996, § 9.12.050)
Sec. 42-24. Defense; exception.
Nothing in this article shall apply to any firing of a gun or use of other weapons by police personnel or private citizens when done in the lawful defense of one’s self, family, or other persons.
(Code 1996, § 9.12.060)
NORTHFIELD,
ARTICLE III. OFFENSES INVOLVING PUBLIC SAFETY Northfield, Minnesota Code of Ordinances
Sec. 50-56. Discharge of firearms or BB guns.
(a)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
BB gun or air rifle includes all guns that propel a metal shot or pellet by the action of spring release or discharge of air, carbon dioxide or other gas.
Firearm includes all guns which propel a shot, pellet or bullet by the action of gunpowder exploded within it.
(b)
No person shall discharge a firearm or a BB gun or air rifle within the city limits.
(c)
Subsection (b) of this section shall not apply to the discharge of firearms or BB guns or air rifles in the following instances:
(1)
Where the use of a firearm, BB gun or air rifle is expressly authorized by state or federal law.
(2)
At the city police department pistol range.
(3)
Where a BB gun or air rifle is used in an indoor firing range and the metal shot or pellet discharged therefrom does not extend to the exterior of the premises from which it is fired.
(4)
Where a firearm, BB gun or air rifle is used on an outdoor firing range that has been approved in writing by the chief of police.
(5)
Where a law enforcement officer, member of the armed forces of the United States or member of the National Guard is engaged in official duties as such.
(6)
Where a person is exercising his/her right of self-defense or defense of others.
(Code 1986, §§ 950:00—950:20)
State law reference— Local regulation of firearms, Minn. Stat. § 471.633.
Secs. 50-57—50-85. Reserved.
Oak Grove,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference- 609.66 DANGEROUS WEAPONS.
Subdivision 1.Misdemeanor and gross misdemeanor crimes.
Minn. Stat. § 609.713
Carrying a BB Gun, Rifle, or
Shotgun in a Public Place
(Felony;
Gross Misdemeanor)
Minn. Stat. § 624.7181
ORONO,
Subdivision I. In General Orono, Minnesota Code of Ordinances
Sec. 70-97. Discharge of firearms and explosives.
It is unlawful for any person to fire or discharge any form or type of explosive or explosive device; any cannon, gun, pistol or other firearm; firecracker, sky rocket or other fireworks; bow and arrow; or air gun, air rifle, or other similar device commonly referred to as a BB gun.
(Code 1984, § 9.10(2))
Sec. 70-104. Handling, use of weapons by children.
No person shall permit, as a parent or guardian, any child under 14 years of age to handle or use, outside of the parent’s or guardian’s presence, a firearm or air gun of any kind, or any ammunition or explosive.
(Code 1984, § 9.10(1)(G))
State law reference— Similar provisions, Minn. Stat. § 609.66, subd. 1(a)(6).
Sec. 70-105. BB gun.
The use of a BB gun or air rifle is subject to the following circumstances:
(1)
There is a demonstrated nuisance of an animal to the property owner.
(2)
The permittee has the property owner’s permission.
(3)
There are no other appropriate means available.
(4)
Seasonal restrictions of game animals apply.
(5)
The gun may only be discharged in a manner that does not direct it towards other buildings or persons.
(6)
The permittee must notify all abutting owners.
RAMSEY,
ARTICLE II. OFFENSES INVOLVING PUBLIC SAFETY – Ramsey, Minnesota – Code of Ordinances
Sec. 34-21. – Weapons.
(a)
Firearms.
(1)
Firearms use instruction required. Minnesota State Statutes known as M.S.A. 97B.015, 97B.021, and 97B.025 which pertain to the safe use of firearms and instructions in using are hereby adopted by reference. Every provision contained in said statutes are made a part of this Code as if fully set forth herein.
(2)
Firearm. “Firearm” means a gun that discharges shot or projectile by means of an explosive, a gas, or compressed air.
(3)
Discharge prohibited. Except as hereinafter provided, no person shall fire or discharge any gun, pistol or firearm of any description within the limits of the city without first obtaining a city permit.
(4)
Possession prohibited. Except as hereinafter provided, no person shall have in their possession any gun, pistol or firearm of any description within the limits of the city unless said pistol, gun or firearm is dismantled or broken apart or carried in a case in such a manner that it cannot be discharged, nor shall any person carry or conceal any pistol or firearm upon their person without a proper permit required under this section or by state statute.
(5)
Law enforcement officers. The terms of this section shall not prohibit the possession or discharge of firearms by duly authorized peace officers or military authorities.
(6)
Firing ranges. The terms of this section shall not prohibit the possession or discharge of firearms upon a firing range, either indoor or outdoor, provided said range is properly equipped and supervised to insure reasonable safety as determined by the certificate of the chief of police of the city or pursuant to licensing ordinances hereinafter enacted for such ranges.
(7)
Protection of home and family. Nothing in this section shall prevent the possession, storage or use of a firearm within the home when done in the lawful defense of person, family or property.
(8)
Discharge of firearms.
a.
The owner or tenant or persons having written authorization of such owner or tenant may, upon the land of the owner or the owner’s tenant, discharge firearms in hunting wild game in accordance with the laws of the State of Minnesota and this section.
b.
Discharge of firearms shall not be permitted within 1,500 feet of any residential dwelling or other structure, park or playground without a city permit that specifically grants permission.
c.
The use of a lead shot or a lead round of any kind may only be used by permit only.
(9)
Permit to hunt or discharge. A permit to hunt or discharge a firearm within the city is required and shall be issued by the police chief.
(10)
Target shooting. A permit to “target shoot” is required for either firearm or bow and arrow, and may be issued by the police chief. The police chief or his designee must inspect the location prior to a permit being issued.
DIVISION 1. GENERALLY – Ramsey, Minnesota – Code of Ordinances
Sec. 38-28. – Hunting and firearms.
No person in a park shall hunt, trap or pursue wild life; use, carry, or possess firearms of any description or air rifles, spring guns, bow and arrows, slings, or any other forms of weapons potentially inimical to wild life and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device; except that weapons may be used in specific target areas in accordance with rules therefor. Shooting into park areas from beyond park boundaries is forbidden.
(Code 1978, § 5.06.10)
State law reference— Local firearms ordinances, Minn. Stats. § 471.633.
RICHFIELD,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference- 609.66 DANGEROUS WEAPONS.
Subdivision 1.Misdemeanor and gross misdemeanor crimes.
Minn. Stat. § 609.713
Carrying a BB Gun, Rifle, or
Shotgun in a Public Place
(Felony;
Gross Misdemeanor)
Minn. Stat. § 624.7181
ROGERS,
DIVISION 1. GENERALLY – Rogers, Minnesota – Code of Ordinances
Sec. 30-64. – Discharging or exploding of dangerous weapons.
(a)
For the purposes of this section, dangerous weapons subject to this section shall consist of the following:
(1)
All firearms. The term “firearms” shall mean any device from which may be fired or ejected one or more solid projectiles by means of a cartridge or shell or by the action of an explosive substance; or for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas or vapor.
(2)
Bows and arrows when arrowheads are made of all-steel barbless design, and the blade of high carbon steel more than one inch wide for a single two-edge blade and of more than a three-inch circumference for three or more blades with a weight in excess of 110 grains; or when arrowheads are made with blades of mill-tempered spring steel containing a plastic core or ferrule in excess of such dimensions and with a weight in excess of 90 grains; or when arrows are poisoned or have explosive tips.
(3)
All instruments used to propel a high-velocity pellet of any kind, including, but not limited, to air rifles and compressed air guns.
(4)
Slingshots.
(5)
Any similar type instrument, whether such instrument is called by any name set forth in this definition or any other name.
The term “dangerous weapon” does not include a stud gun or nail gun used in the construction industry or children’s popguns or toys.
SAINT PETER,
ARTICLE VIII. WEAPONS OFFENSES – Saint Peter, Minnesota – Code of Ordinances
Sec. 30-201. – Acts prohibited.
It is unlawful for any person to:
(1)
Recklessly handle or use a gun or other dangerous weapon or explosive so as to endanger the safety of another;
(2)
Intentionally point a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another;
(7)
Permit, as a parent or guardian, any child under 14 years of age to handle or use, outside of the parent’s or guardian’s presence, a firearm or air gun of any kind, or any ammunition or explosive;
(8)
Furnish a minor under 18 years of age with a firearm, air gun, ammunition, or explosive without the written consent of his parent or guardian or of the Police Department
(16)
Fire or discharge any bow and arrow, cannon, gun, pistol or other firearm, firecracker, skyrocket or other fireworks, air gun, air rifle, or other similar device commonly referred to as a BB gun.
(Code 1989, § 10.20(subd. 1)
DIVISION 3. USE REGULATIONS – Saint Peter, Minnesota – Code of Ordinances
Sec. 42-128. – Prohibited conduct.
It shall be unlawful for any person on a trail, bicycle lane or sidewalk to:
(11)
Bring or have in his possession any revolver, pistol, rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow or other weapon in which the propelling force is gunpowder, a spring or air. This prohibition shall not apply to licensed Peace Officers;
SOUTH ST. PAUL,
ARTICLE II. OFFENSES INVOLVING PUBLIC SAFETY – South St. Paul, Minnesota – Code of Ordinances
Sec. 38-32. – Guns.
(a)
Definition. As used in this section, the word “gun” means a pneumatic gun (except construction use thereof), spring gun, air gun, BB gun, potato gun, or other device designed or intended to discharge any pellets or projectiles.
(b)
Discharge. It is unlawful to discharge a gun within the city limits.
(c)
Confiscation. Police officers may seize, confiscate and dispose of any gun used in violation of this section.
(Code 1992, § 925.03)
State law reference— Preemption of certain local restrictions on firearms, Minn. Stat. § 471.633.
SPRING PARK,
ARTICLE III. OFFENSES AGAINST PUBLIC SAFETY Spring Park, Minnesota Code of Ordinances
Sec. 22-61. Possession of firearms, air rifles, slingshots, and bows and arrows.
No person shall discharge any gun or other firearm of any description within the limits of the city, except when the firearm is used by a duly authorized law enforcement officer or used pursuant to a permit issued by the police department or in conjunction with a permit issued by the department of natural resources; and no person shall use, discharge or carry air rifles or BB guns, or carry or use slingshots or bows and arrows within the limits of the city.
(Ord. No. 6.03, § III, 3-30-1981)
ST. PAUL,
Chapter 225. Weapons St. Paul, Minnesota Code of Ordinances
Sec. 225.01. Definitions
The following terms shall have the following meanings:
“Handgun” or “firearm” does not include a device firing or ejecting a shot measuring eighteen one-hundredths (0.18) inch or less in diameter and commonly known as a “BB gun,” a scuba gun, a stud gun or nail gun used in the construction industry, or children’s pop guns or toys ; nor does either term include an “antique firearm,” which means any firearm, including any pistol, with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured before 1899 and any replica of any firearm or handgun described herein if such replica is not designed or redesigned, made or remade, or intended to fire conventional rim fire or conventional centerfire ammunition, or uses conventional rim fire or conventional centerfire ammunition which is not readily available in the ordinary channels of commercial trade.
ST. PAUL PARK,
Chapter 46 OFFENSES AND MISCELLANEOUS PROVISIONS – St. Paul Park, Minnesota – Code of Ordinances
Sec. 46-18. – Dangerous weapons.
The provisions of M.S.A. § 609.66, concerning dangerous weapons, are hereby adopted, incorporated in, and made a part of this Code as completely as if set out in this section in full.
(Code 1982, § 22.06)
Sec. 46-19. – Possession and handling of weapons.
(a)
Discharge prohibited. Except as provided in subsection (c) of this section, no person shall fire or discharge, or cause to be fired or discharged, within the corporate limits of the city, any gun, pistol, firearm, bow and arrow, BB gun, air gun, slingshot, or any other weapon or device capable of injuring or killing a human being.
(b)
Possession. Except as provided in this section, no person shall have in his possession any gun, pistol or firearm of any description within the city unless such gun, pistol or firearm is dismounted or broken apart or carried in a case in such a manner that it cannot be discharged, nor shall any person carry or conceal any pistol or firearm upon his person.
(c)
Exceptions. Excepted from the provisions of this section shall be the following:
(1)
Possession or discharge of any firearms by duly authorized peace officers or military authorities.
(2)
Possession of a firearm within the home of any person or the discharge of a firearm when done in lawful defense of his person or property or family.
(3)
Discharge of a bow and arrow on a recognized archery range located on public or private property or discharge of a bow and arrow under a program supervised by school or public officials.
(d)
Under-aged persons. No person under the age of 14 years shall handle or have in his possession or under his control except while accompanied by or under the immediate charge of his parent or legal guardian, any firearm or air gun of any kind used for hunting, target practice or any other purpose.
(e)
Uncased weapons. It shall be unlawful for any person to have in possession out-of-doors or in any motor vehicle within the city any rifle or handgun unless such weapon shall be unloaded and contained in a gun case, or unloaded and broken down so that it is incapable of being fired.
(Code 1982, §§ 22.08, 23.10)
STILLWATER,
Chapter 52 OFFENSE AGAINST PUBLIC PEACE, SAFETY AND WELFARE Stillwater, Minnesota Code of Ordinances
Sec. 52-3. Regulation of possession and discharge of weapons.
Subd. 1.
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning:
Weapon means any gun, pistol, revolver, wrist rocket, slingshot, sand club, metal knuckles, dagger, dirk, Bowie knife, razor, air rifle, air gun, BB gun, spring gun, stun gun, nunchaku, throwing stars, bow and arrow, switchblade, firearm or any similar device for the propulsion of shot or other metal pellet by whatever means and any other dangerous or deadly weapon or instrument. A weapon is concealed within the meaning of this section whenever such weapon is not readily ascertainable when another person is observing the person carrying the weapon.
Subd. 2.
Unlawful acts. Except as otherwise provided, it is unlawful for any person to:
(1)
Fire, discharge, release, throw or in any other manner propel a weapon within the city.
(2)
Wear under one’s clothes or conceal about one’s person any weapon, or to carry a loaded weapon in any bag, sack, box, knapsack, purse or other such carrying device which hides the presence of the weapon.
(3)
Wear or carry a loaded weapon for hunting or other purposes in the city.
Subd. 3.
Seizure and confiscation; penalty. If any police officer personally observes conduct violating subdivision 2 of this section, the weapon may be immediately seized and held in the custody of the city police department pending appropriate court action. If the court determines a violation of subdivision 2 of this section has occurred, the weapon involved in the violation is forfeited to the city. In addition to the forfeiture a violation of this section is a misdemeanor.
Sec. 52-4. Conduct near schools.
Subd. 1.
Defacement of school buildings. No person may mark with ink, paint, chalk or other substance or post handbills on or in; or deface or injure school buildings or structures used or usable for school purposes within the city; or mark, deface or injure fences, trees, lawns or fixtures appurtenant to or located on buildings; or post handbills on such fences, trees or fixtures; or place a sign anywhere on any school property.
Subd. 2.
Breach of peace on school grounds. No person may willfully or maliciously make or assist in making on school grounds noise, disturbances or improper diversions or activities by which peace, quiet and good order are disturbed on school grounds.
Subd. 3.
Offensive language and conduct. No person may use offensive, obscene or abusive language or engage in boisterous conduct tending reasonably to arouse alarm, anger or resentment in others on school grounds.
Subd. 4.
Improper conduct in school or in school buildings and grounds. No person may, while on school property, disturb or interrupt the peace and good order of the school while in session. Any person not in immediate attendance in the school and being on the school’s property who, upon the request of a school’s employee to leave the building or premises, but refuses to do so, is in violation of this section. No person may loiter on school grounds or school buildings or structures. No person may possess on school grounds without the permission of a school employee, a knife, razor blade, needle, blow dart, blow gun, metal star characterized as a Chinese star or kung fu star, a volatile gas, flammable liquid, cigarette lighter, matches, club chain, BB gun or starter gun. No person may render any exit passage inoperable or impassable unless the person has obtained express permission from the city’s fire chief.
(Code 1980, § 52.04)
VICTORIA,
Chapter 17 PARKS AND RECREATION – Victoria, Minnesota – Code of Ordinances
Sec. 17-1. – Purpose and application of chapter.
This chapter applies to all city parks and other recreation areas under the jurisdiction of the city council. The purpose of this chapter is to protect the city parks and recreation areas, all persons within the boundaries of those parks and areas and to further regulate the use of those parks and areas.
(Code 1975, § 1300:01)
Sec. 17-2. – Definitions
Weapon means any device from which shot or a projectile of any type can be discharged by means of an explosive, gas or compressed air, otherwise propelled, including, but not limited to, firearms, bow and arrows, slings and spring-guns.
ARTICLE I. IN GENERAL – Victoria, Minnesota – Code of Ordinances
Sec. 16-1. – Discharge of firearm or bow and arrow
Firearms means and includes all rifles, shotguns, handguns and pellet weapons, whether discharged by means of an explosive, gas or compressed air, or any other item thought to be commonly referred to as a firearm.
(b)
Public road discharge. It shall be unlawful for any person to discharge any firearm or bow and arrow upon, over or across any public road or while within the limits of the right-of-way of any public road.
WATERTOWN,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference- 609.66 DANGEROUS WEAPONS.
Subdivision 1.Misdemeanor and gross misdemeanor crimes.
Minn. Stat. § 609.713
Carrying a BB Gun, Rifle, or
Shotgun in a Public Place
(Felony;
Gross Misdemeanor)
Minn. Stat. § 624.7181
WILLMAR,
ARTICLE III. DANGEROUS WEAPONS – Willmar, Minnesota – Code of Ordinances
Sec. 10-54. – Discharge of firearms.
Sec. 10-54. – Discharge of firearms.
(a)
Generally. Any person who shall discharge a firearm in the city except as is permitted by this section shall be guilty of a misdemeanor.
(b)
Definition. For purposes of this section, a firearm shall be any gun from which shot or a projectile is discharged by means of an explosive, gas, or compressed air.
(c)
Lawful defense, law enforcement. Nothing in this article shall be construed to embrace the firing of a gun, pistol, revolver or other kind of firearm when done in the lawful defense of person or family or in the necessary enforcement of the laws.
(d)
Permit. Nothing in this article shall be construed to embrace the firing of a gun, pistol, revolver or other kind of firearm when permission therefor has first been given by the chief of police of the city, which permission shall designate the place where and the time when such firearms may be used. When the applicant for a permit is an individual requesting a permit for purposes of shooting pests on private property, the permit shall only be granted for the use of a pellet gun or twenty-two-caliber rifle using birdshot. No permit shall be granted for more than sixty (60) days. Every applicant for a permit shall execute a hold harmless agreement, indemnifying the city from all claims that result from the discharge of the firearm. When the applicant for the permit is not the property owner, a hold harmless agreement shall also be executed by the property owner.
WOODBURY,
Chapter 13 MISCELLANEOUS PROVISIONS AND OFFENSES Woodbury, Minnesota Code of Ordinances
Sec. 13-5. Weapons
(a)
In this section:
(1)
Open, closed or restricted area means that area of the city which is so designated by city council resolution from time to time.
(2)
Controlled weapons are defined as any gun or device from which a shot or projectile is discharged by means of gas, compressed air, or any other mechanical means capable of launching said projectile or arrow and includes, but is not limited to, pellet and BB guns, archery bows, crossbows, wrist rockets, sling shots, and paint ball guns.
(3)
Firearms are defined as any gun from which any projectile is discharged or propelled by means of an explosion, excluding devices used exclusively for the firing of stud cartridges, explosive rivets, or similar industrial apparatus, instruments, or equipment used by construction personnel, licensed physicians or veterinarians in the course or scope of their professions.
(4)
Shotgun only in designated “open” areas. The city council may, by resolution, designate certain areas of the city to be open to shot guns only. Upon the adoption of such a resolution, it shall be unlawful for any person to discharge any firearm other than a shot gun within such designated areas. The maximum size of the shot which may be used in such designated areas is a No. 2 steel shot or smaller or a No. 4 lead/Bismuth/tungsten/Hevi-Shot or similar shot or smaller. The use of appropriate shot is also dictated by MN DNR regulations. The use of shotguns slugs shall be prohibited. The Department of Public Safety may grant a limited permit to allow the discharge of a firearm other than a shotgun or a shotgun with slugs.
(b)
Minn. Stats., chs. 97 through 100 and §§ 624.71 through 624.715 as amended by laws of 2006, are adopted by reference as if fully set forth herein.
(c)
It shall be unlawful for any person to discharge any firearm or other controlled weapon in any place or manner so as to endanger any person or property even if no injury or damage results.
(d)
It shall be unlawful for any person to discharge any firearm within the closed area. The department of public safety may grant a limited permit to allow the discharge of a firearm by person(s) demonstrating a reasonable necessity for such action.
(e)
It shall be unlawful within the closed area for any person on property not his own to possess, carry or have under his control any firearm except:
(1)
To carry it between his residence or place of business and his vehicle for transportation in accordance with state law; or
(2)
To carry it between his vehicle and a gun dealer or gunsmith shop.
(f)
The chief of police may grant a limited permit to allow the discharge of a controlled weapon to person(s) demonstrating a reasonable need.
(g)
It shall be unlawful for any person on any property not his own to possess, carry, or have under his control any controlled weapon in any residentially platted area zoned R-2 or R-4, in any city park, on any school property, or in any developed business, commercial, or industrial area except for transportation in a locked container, in the trunk of a vehicle, or if the vehicle has no trunk, the rear most portion of the vehicle inaccessible to occupants. The department of public safety may grant a limited permit to person(s) demonstrating a reasonable necessity for such action.
(h)
It shall be unlawful for any person to possess, carry or have under his control any firearm upon the land of another without the written permission, or be in the presence of, the owner or lessee of that land. The person(s) authorized to hunt/shoot must have in their possession the written permission. Written permission must be dated and include the following: The full name, address, date of birth, phone number, and signature of the person authorized to hunt or shoot on identified land; the full name, address, phone number and signature of the landowner or lessee.
It shall be unlawful for any person to possess, carry or have under his control any controlled weapon upon the land of another without the written permission, be in the presence of, or have the oral permission of the owner or lessee of that land. If permission is oral, the person must be able to provide immediately the name, address, and phone number of the owner or lessee from whom permission was obtained, and if requested, must be able to produce written verification of that permission within 72 hours.
(i)
No one shall use a controlled weapon or discharge a firearm, or controlled weapon in any area designated by the city as “restricted” for hunting purposes without a permit therefore issued by the public safety director based upon a showing of reasonable need.
(j)
Subsections (c) through (i) do not apply to law enforcement or military personnel while in the course of their duties.
(k)
It shall be unlawful for any person to be in possession of, carry, or transport any firearm or other controlled weapon while under the influence of alcohol or a controlled substance.
(l)
Firearm discharge is permitted by the land owner or designee for the control of varmints in any area of the city except residentially platted area zoned R-2 or R-4, any city park, or any school property, or in any developed business, commercial, or industrial area provided it is done in a safe and prudent manner and in possession of a limited permit signed by a department of public safety representative.
(Code 1985, §§ 1231.01—1231.05; Ord. No. 1574, § 1574.01, 9-11-91; Ord. No. 1776, § 1776.01, 9-27-2006; Ord. No. 1806, §§ 1806.01—1806.03, 8-27-2008)
State law reference— Pre-emption of authority to regulate firearms, Minn. Stat. § 471.633; zoning of firearms dealers, Minn. Stat. § 471.635.
ARTICLE III. PARK RULES Woodbury, Minnesota Code of Ordinances
Sec. 16-55. Weapons and fireworks.
(b)
No person except a law enforcement officer shall possess or carry a firearm of any description in any public site or open space. No person shall possess or carry in any public site or open space any air gun, bow and arrow, knife with a blade greater than three inches, slingshot, dart or projectile thrower, or any other dangerous or illegal weapon. Nothing in this section shall be construed to prevent the recreational use of firearms and bow and arrows on officially established field or target ranges.
(c)
Any unauthorized or illegal weapon within any public site or open space shall be subject to seizure by a law enforcement officer.
(Code 1985, § 804.05(G); Ord. No. 1817, § 1817.17, 3-25-2009)
Mississippi-
Mississippi prohibits anyone from possessing or carrying, whether openly or concealed, any BB gun, air rifle, or air pistol on educational property. Similarly, Mississippi prohibits anyone from causing, encouraging or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, air rifle, or air pistol on educational property.
1.Miss. Code Ann. §97-37-17(4). “Educational property” is defined is defined under Miss. Code Ann. § 97-37-17(1)(a) as any public or private school building or bus, public or private school campus, grounds, recreational area, athletic field, or other property owned, used or operated by any local school board, school, college or university board of trustees, or directors for the administration of any public or private educational institution or during a school-related activity, and shall include the facility and property of the Oakley Youth Development Center, operated by the Department of Human Services; provided, however, that the term “educational property” shall not include any sixteenth section school land or lieu land on which is not located a school building, school campus, recreational area or athletic field.
2.Miss. Code Ann. §97-37-17(5).
No one shall and is hereby prohibited to, carry weapons, firearms or air-guns on school property under State law as prescribed in Miss. Code Ann. §97-37-17(5).
BILOXI,
State Law reference— Municipal authority to prohibit discharge of firearms, MCA 1972, § 45-9-53(1)(b); localities generally preempted from adopting ordinances concerning possession, transportation, sale, transfer or ownership of firearms and ammunition, MCA 1972, § 45-9-51
State law reference— Sale of toy pistols or ammunition therefor prohibited, Miss. Code 1972, § 97-37-33; shooting air guns at another prohibited, § 97-3-7.
BRANDON,
ARTICLE I. IN GENERAL Brandon, Mississippi Code of Ordinances
Sec. 50-1. State misdemeanors adopted as criminal offenses against city; penalties.
All offenses under the penal laws of this state which are misdemeanors are hereby made, without further action of the mayor and board of aldermen, criminal offenses against the city, when committed within the corporate limits of the city, to the same effect as though such offenses were made offenses against the city by separate ordinance in each case. The penalties which are imposed by state law for such violations are hereby adopted as the penalties for such violations within the city; provided, however, that no such penalty shall exceed the amount set forth in section 1-12.
(Code 1982, § 9-70)
State law reference— State misdemeanors shall be offenses against municipalities without further action by the municipality, MCA 1972, § 21-13-19; enacting police regulations, MCA 1972, § 21-19-15.
Sec. 50-2. Discharge of firearms, target guns, BB guns, slingshots prohibited.
It shall be unlawful for any person to shoot or discharge any target gun, BB gun, slingshot or any kind of firearm in the city except in the following circumstances:
(1)
By any law enforcement official in the discharge of his official duties.
(2)
By any person when necessary for the protection or defense of life or property.
(3)
By any person who has received a permit from the chief of police for a specific legitimate purpose.
(Code 1982, § 9-20)
CLARKSDALE,
ARTICLE I. IN GENERAL – Clarksdale, Mississippi – Code of Ordinances
Sec. 14-3. – Air rifles, firing or permitting firing prohibited.
(a)
Firing prohibited. It shall be unlawful for any person to fire or discharge within the city any air rifle, BB gun, or any like or similar contrivance which propels or discharges by means of compressed air any pellet, dart, bullet or similar object.
(b)
Unlawful to permit firing by minor. It shall be unlawful for any parent of a minor, or any other person standing in loco parentis to any minor, knowingly to permit such minor to discharge or fire within the city any air rifle, BB gun, or any like or similar contrivance which propels or discharges by means of compressed air any pellet, dart, bullet or similar object.
(c)
Penalty for violation. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction, shall be fined not to exceed one hundred dollars ($100.00) and costs.
(Ord. No. 458, §§ 1—3, 3-23-1954)
COLUMBUS,
State Law reference— Municipal authority to prohibit discharge of firearms, MCA 1972, § 45-9-53(1)(b); localities generally preempted from adopting ordinances concerning possession, transportation, sale, transfer or ownership of firearms and ammunition, MCA 1972, § 45-9-51
(Code 1962, § 17-50)
State law reference— Sale of toy pistols or ammunition therefor prohibited, Miss. Code 1972, § 97-37-33; shooting air guns at another prohibited, § 97-3-7.
CORINTH,
Chapter 21 OFFENSES AND MISCELLANEOUS PROVISIONS Corinth, Mississippi Code of Ordinances
Sec. 21-21. Discharge of firearms.
It shall be unlawful for any person to shoot any target gun, air gun, slingshot or discharge any kind of firearms in the corporate limits of the city.
(Code 1966, § 19-40)
State law reference— Deadly weapons generally, Miss. Code 1972, §§ 97-37-1—97-37-19.
Sec. 21-22. Weapons control.
(a)
Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
Firearm. “Firearm” means any device, by whatever name known, which is designed to expel a projectile by the action of an explosion, expansion of gas, or escape of gas; including, but not limited to, a handgun, pistol, air-gun, revolver, rifle, or shotgun.
DIBERVILLE,
ARTICLE II. FIREARMS AND OTHER DANGEROUS WEAPONS – D’Iberville, Mississippi – Code of Ordinances
Sec. 19-51. – Use of firearms prohibited.
(a)
Discharge prohibited. It shall be unlawful for any person to discharge a firearm in the City of D’Iberville.
(b)
Definitions. As used in this article the following words and phrases shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
City means the City of D’Iberville.
Firearms means any weapon, whether loaded or unloaded, which will expel a projectile by the action of an explosive and includes any such weapon commonly referred to as a pistol, revolver, rifle, gun, shotgun, machine gun, target gun, air gun, pellet gun, BB gun, or sling shot. Any weapon which can be readily made into a firearm by the insertion of a firing pin, or other similar thing in the actual possession of the actor is a firearm.
Special event means a pre-arranged and scheduled event sponsored by a local civic organization or a charitable, not-for-profit association to which its members and members of the public are invited to attend and/or participate.
GAUTIER,
ARTICLE II. WEAPONS – Gautier, Mississippi – Code of Ordinances
Sec. 15-21. – Use of firearms.
It shall be unlawful for any person to shoot or discharge any target gun, air gun, pellet gun, BB gun, sling shot, or any kind of firearms in the city other than in the defense of his home, person or property, or in the aid of the civil power when lawfully summoned thereto.
(Ord. No. 12, 3-4-87)
GREENVILLE,
ARTICLE I. IN GENERAL – Greenville, Mississippi – Code of Ordinances
Sec. 8-2.5. – Weapons control
Firearm means any device, by whatever name known, which is designed to expel a projectile by the action of an explosion, expansion of gas, or escape of gas, including, but not limited to, a handgun, pistol, air gun, revolver, rifle or shotgun.
GREENWOOD,
ARTICLE I. IN GENERAL – Greenwood, Mississippi – Code of Ordinances
Sec. 13-29. – Slingshots, air guns.
Any person using anywhere on the public streets or within any public place in the city an implement commonly called a slingshot, or any air gun or any other weapons or implement whereby shot, pebbles or other missiles may be hurled or projected with power and force sufficient to break street lamps, window glass or in any way endanger the person or property of any citizen shall be guilty of a misdemeanor and shall be punished as provided in section 1-4.
(Ord. of 5-25-05; Ord. of 4-15-86, § 1)
GRENADA,
ARTICLE IV. WEAPONS Grenada, Mississippi Code of Ordinances
Sec. 21-47. Discharge prohibited.
(a)
It shall be unlawful for any person to shoot or discharge any target gun, BB gun, slingshot, bow and arrow or any kind of firearm in the city; except:
(1)
In the defense of his home, person or property;
(2)
In the aid of the civil power when legally summoned thereto;
(3)
In the military instructional programs in the school system, when properly supervised by the instructor on school property;
(4)
When engaging in lawful hunting as provided for hereinafter.
GULFPORT,
ARTICLE I. IN GENERAL – Gulfport, Mississippi – Code of Ordinances
Sec. 7-16. – Weapons—Discharging air rifles, BB guns, slingshots, etc.
Any person who shall be guilty of discharging or shooting within the city any instrument commonly called a slingshot or bean shooter or who shall be guilty of firing or discharging any air gun, air rifle or BB gun, operated either by spring action or by compressed air, shall be adjusted guilty of a misdemeanor.
(Code 1963, § 17-22)
Sec. 7-17. – Same—Discharging firearms, exceptions.
(a)
Discharge of firearms prohibited. Except where permitted according to subsection (b) or (c) of this section, it shall be unlawful for any person to shoot, fire or discharge any gun, pistol, rifle, or other firearm within the City of Gulfport.
(b)
Self-defense. It shall not be a violation of this section for any person to discharge a firearm in necessary self-defense of his or her person or property.
(3)Prohibited location.
(4)Permit/Applications.
a. Permit applications shall be filed with the Gulfport Police Department.
b. Permit applications shall be accompanied by evidence of ownership of the property, identification of the property location and a sketch of size and configuration of the property, and the names and addresses of all adjoining property owners. Application shall be signed by the owner. If the property is leased, the owner and the lessee shall make joint permit application. The applicant shall be a resident of Harrison County having attained the age of twenty-one (21) years.
c. Permits, if granted, shall be granted to the applicant of applicants.
d. An application fee of twenty-five dollars ($25.00) shall be paid to process the application.
e. The chief of police shall review the application and shall grant or refuse to grant the permit to the applicant within ten (10) days after a complete application is filed.
f. The chief of police may refuse to grant a permit for any location in which the chief determines that the public safety or the safe and peaceful use of adjoining private properties may be threatened thereby.
g. It shall be unlawful for a convicted felon to apply for a permit under this subsection (c), or to discharge a shotgun or to possess an individual permit under this section.
h. All permits granted under this subsection (c) shall expire one (1) year after the date of the permit, and renewal may be effected only by filing a new application and review according to this section.
i. Up to eight (8) individual permits shall be granted to the applicant for use by individual permittees. Applicant shall be responsible for granting individual permits to the users thereof.
Permit violations.
Violation of any provision of this subsection (c) shall be reason for immediate termination of any permit issued hereunder and shall be presumed to be a violation by the applicant or applicants and the person violating subsection (c)(5)a. of this section.
(Code 1963, § 17-23); Ord. No. 2022, § 1, 6-20-95)
ARTICLE II. SAND BEACHES – Gulfport, Mississippi – Code of Ordinances
Sec. 2-51. – Items prohibited on beach
<!–[if !supportLists]–>(a) <!–[endif]–>The following items are prohibited on the sand beach, and the seawall and seawall easement which is contiguous thereto and such items shall not be carried or placed upon the beach, seawall, or seawall easement:
<!–[if !supportLists]–>(b) <!–[endif]–>Firearms or air guns.
INDIANOLA,
ARTICLE III. WEAPONS – Indianola, Mississippi – Code of Ordinances
Sec. 36-58. – Discharge prohibited.
It shall be unlawful for any person to shoot or discharge any target gun, BB gun, slingshot or any kind of firearm in the city other than in the defense of his home, person or property or in the aid of the civil power when legally summoned thereto.
(Code 1973, § 21-63; Ord. of 3-14-1918, § 1)
JACKSON,
ARTICLE I. IN GENERAL Jackson, Mississippi Code of Ordinances
Sec. 86-10. Possession of and shooting air-guns, BB guns and other toy gun, pistol, rifle or other toy firearms prohibited.
(a)
Purpose. The city council of the City of Jackson, Mississippi, is enacting this section to assist in the prevention and the spread of violence among the youth of the city. The council is authorized to enact this section pursuant to MCA 1972, § 21-17-5, as amended. The council finds that the proliferation of air guns, BB guns and other toy guns, pistols, rifles or other toy firearms from which a projectile is propelled by compressed air either by internal spring mechanism or external gas cartridge serves to compound the problem of youth violence, and by passage of this section, declares its purpose to be to combat such youth violence.
(b)
Possession of and carrying in public places.
(1)
It shall be unlawful for any person under the age of 18 years to possess and carry about his person, concealed or otherwise, along or within any of the public streets, public parks or other public places within the city, any air gun, BB gun or other toy gun, pistol, rifle or other toy firearm from which a projectile is propelled by compressed air, either by internal spring mechanism or external gas cartridge, unless said minor has the permission of a parent or guardian to do so, and is constantly accompanied by a parent, guardian or adult official of an organized youth club or organization. This shall not be construed to prevent the possession of such implements at a firing range or other licensed facility established for the purpose of training or practice in the use of firearms, provided that there is continuous adult supervision at that facility.
(2)
No parent or any other person having legal control or custody of any child under the age of 18 years shall permit such child to possess or carry on their person along or within any of the public streets, public parks or other public places within the city any kind of air-gun, BB gun or other toy gun, pistol, rifle or other toy firearm as described in subsection (a)(1) above within the city, outside the supervision of a parent, guardian or adult official of an organized youth club or organization.
(c)
Shooting of within the city limits.
(1)
It shall be unlawful for any person to fire an air-gun, BB gun or other toy gun, pistol, rifle or other toy firearm from which a projectile is propelled by compressed air, either by internal spring mechanism or external gas cartridge, anywhere within the city.
(2)
No parent or any other person having legal control or custody of any child under the age of 18 years shall permit such child to discharge any kind of air-gun, BB gun or other toy gun, pistol, rifle or other toy firearm as described in subsection (b)(1) above within the city, unless on the grounds of a firing range or other licensed facility established for the purpose of training or practice in the use of firearms, and under the supervision of a parent, guardian or adult instructor or official employed by that facility.
(d)
Penalties. A violation of this section shall be a misdemeanor, and shall be punishable by a fine not to exceed $1,000.00 or by imprisonment up to but not exceeding the maximum time provided by state law, or both such fine and imprisonment.
(e)
Severability. If any part of this section is deemed unlawful or unconstitutional by the courts, such decision will not affect the validity of this section as a whole, or any part thereof, other than the part so declared to be unlawful or unconstitutional.
(f)
Interpretation. This section is intended to be read and enforced in conjunction with applicable state law and all other ordinances of the city, and should not be interpreted as superseding or repealing any other such ordinance previously or subsequently enacted by the governing body.
(Code 1971, § 18-18; Ord. No. 1998-35(3), 5-5-98)
MERIDIAN,
ARTICLE I. IN GENERAL Meridian, Mississippi Code of Ordinances
Sec. 16-39. Toy weapons, air guns; discharging.
It shall be unlawful for any person within the corporate limits of the city to use, shoot or discharge any toy pistol, air gun, parlor rifle or similar weapon. It is expressly provided, however, that nothing herein shall be construed to prohibit the discharging of any toy cap pistols, or other devices, in which paper caps manufactured in accordance with United States Interstate Commerce Commission regulations for packing or shipping of toy paper caps are used or exploded, and the discharge of such toy cap pistols is hereby declared to be permissible.
(Code 1962, § 17-50)
State law reference— Sale of toy pistols or ammunition therefor prohibited, Miss. Code 1972, § 97-37-33; shooting air guns at another prohibited, § 97-3-7.
NEWTON,
ARTICLE I. IN GENERAL – Newton, Mississippi – Code of Ordinances
Sec. 46-3. – Discharge of weapons.
(a)
It shall be unlawful for any person to discharge within the city any description of firearms, pellet guns or guns operated by compressed air or gas, except when absolutely required in the performance of military duty or in actual self-defense or enforcement of the law.
(b)
If any person, having or carrying any dirk, dirk-knife, sword, sword-cane, or any deadly weapon, or other weapon, the carrying of which is concealed, is prohibited, shall, in the presence of three or more persons, exhibit such weapon in a rude, angry or threatening manner, not in necessary self-defense, or shall in any manner unlawfully use such weapon in any fight or quarrel, the person so offending, upon conviction thereof, shall be punished as provided in section 1-12. In prosecutions under this section, it shall not be necessary for the affidavit or indictment to aver, nor for the city to prove on the trial, that any gun, pistol or other firearm was charged, loaded or in a condition to be discharged.
(c)
Every merchant, dealer or pawnbroker that sells pistols or other handguns, shall keep a record of all such weapons which are sold, showing the description of the weapons so sold, the name of the purchaser and the date of sale. The merchant, dealer or pawnbroker shall furnish a copy of such record to the chief of police, on the first and 15th day of each month. The dealer who violates this section shall be guilty of a misdemeanor.
(d)
Any person who carries, concealed in whole or in part, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, pistol, revolver or any rifle with a barrel of less than 16 inches in length, or any shotgun with a barrel of less than 18 inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer, or any firearm, whether or not it is accomplished by a firearm, or uses or attempts to use against another person any imitation firearm, shall, upon conviction, be punished as provided in section 1-12
(Code 1977, § 15-3)
OCEAN SPRINGS,
State Law reference— Municipal authority to prohibit discharge of firearms, MCA 1972, § 45-9-53(1)(b); localities generally preempted from adopting ordinances concerning possession, transportation, sale, transfer or ownership of firearms and ammunition, MCA 1972, § 45-9-51(Code 1962, § 17-50)
State law reference— Sale of toy pistols or ammunition therefor prohibited, Miss. Code 1972, § 97-37-33; shooting air guns at another prohibited, § 97-3-7.
OLIVE BRANCH,
ARTICLE I. IN GENERAL – Olive Branch, Mississippi – Code of Ordinances
Sec. 34-1. – Firearm regulations.
<!–[if !supportLists]–>(a) <!–[endif]–>Prohibition. It shall be unlawful for any person to discharge a firearm in the city projecting lead or any other projectile, except as permitted herein.
(d)
BB guns and air guns. The discharging of BB guns and air guns is not prohibited
OXFORD,
ARTICLE I. IN GENERAL Oxford, Mississippi Code of Ordinances
Sec. 74-6. Weapons—Discharge prohibited.
(a)
It shall be unlawful to discharge any firearm or air gun, BB gun, slingshot, bow and arrow, or any other air, gas, or spring operated gun, weapon, apparatus or instrument for the purpose of throwing or projecting lead or any missiles within the city limits other than in the defense of his home, person or in the aid of the civil power when legally summoned thereto, except in a regularly established shooting gallery; provided, that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, nor to prohibit the operation of any range supervised and maintained by the state or any political subdivision thereof, when it is connected with an educational or training program and upon property owned or leased by the state or a subdivision or agency thereof.
(b)
Target shooting of bows and arrows may be permitted at approved ranges. Archery practice shooting on private property may be permitted if the following requirements are complied with:
(1)
Archers under the age of 18 years old must be certified by a Hunter’s Safety Course or other recognized safety-training program to qualify for a permit and supervised by an adult permit holder when shooting.
(2)
All shooting will be directed towards an approved backstop structure on the permit holder’s property.
(3)
Contiguous property dwellers will be contacted and advised of the applicant’s intention to obtain a permit for archery practice on their property.
(Code 1968, § 19-31; Ord. No. 2003-20, 11-4-2003)
State law reference— Authority to prohibit discharge of firearms, MCA 1972, § 45-9-53(1)(b).
Sec. 74-7.Same—Carrying concealed prohibited.
It shall be unlawful for any person to carry concealed in whole or in part any bowie knife, dirk knife, butcher knife, brass or metallic knuckles, slingshot, sword or sword cane, or other deadly weapon within the city.
(Code 1968, § 19-32)
Sec. 74-8. Same—Exhibition, use.
It shall be unlawful for any person having or carrying any deadly weapon, in the presence of three or more persons, to exhibit the same in a threatening manner, not in self-defense, or to unlawfully use the same in any fight, quarrel or disturbance within the city.
(Code 1968, § 19-33)
PASCAGOULA,
ARTICLE III. OFFENSES INVOLVING PUBLIC SAFETY – Pascagoula, Mississippi – Code of Ordinances
Sec. 54-61. – Weapons; discharge prohibited.
It shall be unlawful for any person to shoot or discharge any target gun, air-gun, pellet gun, BB gun, slingshot or firearm in the city other than in the defense of his home, person or property or in the aid of the civil power when legally summoned thereto.
(Code 1967, § 20-33)
State law reference— Weapons generally, MCA 1972, § 97-37-1 et seq.
PICAYUNE,
ARTICLE I. IN GENERAL – Picayune, Mississippi – Code of Ordinances
Sec. 58-7. – Discharge of firearms within corporate limits.
It shall be unlawful for any person, unless specifically authorized, to discharge within the corporate limits of the city any pistol, rifle, shotgun or any firearms of any caliber, size or description, or any air gun or what is generally called a BB rifle, or any other gun of any character or description which projects BB shot; however, nothing in this section shall be construed to deny to any person the right to use firearms in the protection of his person or property from any unlawful attack.
(Code 1979, § 18-176)
RIDGELAND,
ARTICLE III. WEAPONS – Ridgeland, Mississippi – Code of Ordinances
Sec. 66-86. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm means and includes a pistol, revolver, machine gun, submachine gun, shotgun, pellet gun, pellet rifle or any other high powered rifle with a velocity of more than 2,000 feet per second at the muzzle.
(Ord. No. 860014, 11-18-1986)
Cross reference— Definitions generally, § 1-2.
Sec. 66-87. – Discharge of firearm.
It shall be unlawful for any person to discharge a firearm within the limits of the city.
(Ord. No. 860014, 11-18-1986)
Sec. 66-88. – Carrying weapon on commercial premises; violation; penalty.
No person, except duly authorized federal, state, county or city law enforcement officers, or security officers whose presence is authorized by the property owner, shall be permitted to carry upon his person, or in any other manner, or have in his possession in any way, a pistol, revolver, rifle or firearm, in any form, while on any commercial premises, where the property owner has posted signs prohibiting the possession of firearms in prominent locations on the property, regardless of whether any such person possesses a valid permit to carry such weapon. The violation of this section is punishable as provided in section 1-13.
(Ord. No. 900014, 11-6-1990)
State law reference— Certain persons carrying weapons, MCA 1972, § 97-37-7.
Sec. 66-89. – Air guns.
It shall be unlawful for any person, regardless of age, to fire or discharge, or cause to be fired or discharged, an air weapon, commonly known as a BB gun, or other type of pellet gun or pistol, when such gun is fired or discharged in the corporate limits of the city and not on property owned or occupied by such person or such person’s immediate relative, and when the object propelled by the use of the air gun is likely to find its mark or hit onto some other property.
(Code 1977, § 12-10)
SOUTHAVEN,
State Law reference— Municipal authority to prohibit discharge of firearms, MCA 1972, § 45-9-53(1)(b); localities generally preempted from adopting ordinances concerning possession, transportation, sale, transfer or ownership of firearms and ammunition, MCA 1972, § 45-9-51(Code 1962, § 17-50)
State law reference— Sale of toy pistols or ammunition therefor prohibited, Miss. Code 1972, § 97-37-33; shooting air guns at another prohibited, § 97-3-7.
STARKVILLE,
ARTICLE I. IN GENERAL Starkville, Mississippi Code of Ordinances
Sec. 82-6. Discharge of firearms, target guns, BB guns, slingshots prohibited.
It shall be unlawful for any person to shoot or discharge any target gun, BB gun, slingshot or any kind of firearm in the city other than in the defense of his home, person or property or in aid of the civil power when legally summoned to do so.
(Code 1977, § 18-44)
State law reference— Homicide during sudden combat excusable, MCA 1972, § 97-3-17(c); deadly weapons generally, MCA 1972, § 97-37-1 et seq.; deadly weapon exhibited unlawfully, MCA 1972, § 97-37-19; dueling, MCA 1972, § 97-39-1 et seq.; fighting with deadly weapon in public place, MCA 1972, § 97-39-11.
TUPELO,
ARTICLE I. IN GENERAL – Tupelo, Mississippi – Code of Ordinances
Sec. 19-3. – Discharge of firearms and similar weapons.
The firing, shooting or discharge of any firearm as defined in section 19-4(a)(1) of the Code of Ordinances or of any pellet gun or BB gun is prohibited within the city limits; provided, however, that this section shall not apply to any law enforcement officer in the lawful exercise duty within the course and scope of employment nor shall it apply to government owned and operated firing ranges. The prohibitions contained in this section shall apply to the shooting or discharge of paint-ball guns, except where the projectile is fired and strikes on private property by permission of the landowner for sports-related activities where participants are wearing protective face masks. The use of starter’s pistols for bona fide sporting events, which do not emit projectiles, are not prohibited.
(Ord. of 11-7-00, § 2)
Editor’s note—
Ord. of 11-7-00, § 2, amended § 19-3 in its entirety. Formerly said section pertained to similar subject matter.
State law reference— Discharge of firearms on state property, MCA 1972, § 29-5-89; authority of municipality to regulate discharge of firearms, MCA 1972, § 45-9-53.
Sec. 19-4. – Possession of firearms and dangerous weapons in designated places and at events.
(a)
Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
(1)
Firearm: “Firearm” means any device, by whatever name known, which is designed to expel a projectile by the action of an explosion, rapid expansion of gas, or escape of gas with sufficient velocity to cause bodily harm, including, but not limited to, a handgun, pistol, air-gun, revolver, rifle, or shotgun.
VICKSBURG,
State Law reference— Municipal authority to prohibit discharge of firearms, MCA 1972, § 45-9-53(1)(b); localities generally preempted from adopting ordinances concerning possession, transportation, sale, transfer or ownership of firearms and ammunition, MCA 1972, § 45-9-51(Code 1962, § 17-50)
State law reference— Sale of toy pistols or ammunition therefor prohibited, Miss. Code 1972, § 97-37-33; shooting air guns at another prohibited, § 97-3-7.
Missouri-
Missouri prohibits any person from knowingly possessing on his or her person a “projectile weapon” when such weapon is readily capable of lethal use, he or she is intoxicated, and the person handles or otherwise uses the projectile weapon in either a negligent or unlawful manner.1 A “projectile weapon” is defined to include a pellet gun or other weapon that is not a firearm but is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.2
In 2011, Missouri enacted a law authorizing a municipality to regulate the shooting of pneumatic guns within its boundaries when the municipality is, in the opinion of the governing body, so heavily populated that such conduct is dangerous to the inhabitants thereof. The municipality may require supervision by a parent, guardian, or other adult supervisor who is approved by a parent or guardian, of any minor below age 12 in all uses of pneumatic guns on public property.
State Air-Gun Law reference– Section 571.010 defines a projectile weapon as “any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.” These restrictions generally do not hamper ones right to possess a BB gun, although, it is considered illegal to be in possession of or to discharge a projectile weapon while intoxicated. The court also has the right to confiscate an air-gun owned by a gang member.
1.Mo. Rev. Stat. § 571.030.1(5).
2.Mo. Rev. Stat. § 571.010(15).
ARNOLD,
ARTICLE II. OFFENSES AGAINST PUBLIC ORDER Arnold, Missouri Code of Ordinances
Sec. 17-23. Discharging firearms or weapons prohibited within city; exemptions.
(a)
It shall be unlawful for any person within the limits of the city to shoot or discharge any crossbow, sling, wrist rocket gun, revolver, air rifle, air gun, pellet gun, pistol or taser, or firearm of any description or any other weapon that is designed or adapted to expel a projectile whether ball or any kind of explosive whatsoever or electrical current;
(b)
Subsection (a) of this section shall not apply to:
(1)
Legally qualified sheriffs or police officers, persons whose bona fide duty is to execute process, civil or criminal, persons participating in training courses or seminars sponsored by accredited educational institutions, or persons coordinating an educational sponsored sporting event by discharging a starter pistol, or members of the armed forces, National Guard, or national recognized veterans associations, while performing their official duty, or
(2)
Persons participating in a controlled harvest of nuisance white-tail deer under the guidelines of a written permit specifically authorized by a chief of police, upon the approval of the public safety advisory board, and while under the supervision of the permittee. All applications shall be in writing and include the name, address and signature of the applicant; the name, address and authorization signature of the occupier of the land; a copy of a depredation permit issued by the Missouri Department of Conservation; and other such information as may be required by the chief of police. The city permit conditions shall include, but not be limited to, the number of participants, the type of firearm and ammunition to be used, and harvest boundaries. The chief of police, or his/her designee, may revoke the permit granted at any time, at his/her discretion, where the discharge of the firearm or weapon under the permit granted in his/her opinion, constitutes a nuisance or in any way endangers persons or property, or
(3)
Persons participating in an activity or business, not including controlled harvests of nuisance white-tail deer as stated in subsection (b)(2) of this section, specifically authorized by the city council with conditions which the city council deem appropriate for the health, safely and general welfare of the community. The city council may revoke the permit granted at any time, at its discretion, where the discharge of the firearm or weapon under the permit granted, in its opinion, constitutes a nuisance or an any way endangers persons or property.
(Ord. No. 2.44 (Bill No. 2260), § 1, 8-16-07)
Editor’s note—
Ordinance No. 2.44 (Bill No. 2260), § 1, adopted August 16, 2007, did not specifically amend the Code. Therefore, such ordinance has been added as amending § 17-23 to read as herein set out, at the editor’s discretion. Formerly, such section pertained to discharge of firearms, etc., restricted; permit required and derived from Ord. No. 2.12 (Bill No. 48), §§ 1, 2, 1-22-73; (Bill No. 1240), § 1, 2-7-91.
Chapter 17.5 PARKS AND RECREATION Arnold, Missouri Code of Ordinances
Sec. 17.5-19. Weapons.
No person shall discharge or shoot any firearm, air gun, slingshot or bow and arrow in any park except at places designated and authorized by the director specifically for such purpose.
(Ord. No. 17.2 (Bill No. 445), § 19, 2-1-79)
AVA,
ARTICLE VI. OFFENSES RELATING TO WEAPONS – Ava, Missouri – Code of Ordinances
Sec. 62-176. – Prohibited weapons.
A person commits an offense if he knowingly possesses, manufacturers, transports, repairs or sells:
(1)
An explosive weapon;
(2)
A machine gun;
(3)
A gas gun (i.e., a gas ejective device);
Sec. 62-177. – Discharge of weapons.
It shall be unlawful for any person within the limits of the city to shoot or discharge any gun, revolver, air rifle or air gun, pistol or firearm of any description, whether the same is loaded with powder and ball or shot or with blank cartridges, or any kind of explosives whatsoever; provided, however, that nothing contained in this section shall apply to persons discharging firearms in the defense of person or property, nor to legally qualified sheriffs or police officers and other persons whose bona fide duty is to execute process, civil or criminal, make arrests or aid in conserving the public peace.
(Ord. No. 464, § 2, 8-24-92)
Sec. 62-178. – Unlawful use of weapons.
A person commits the offense of unlawful use of weapons if he knowingly:
(1)
Carries concealed on or about his person a knife, firearm, blackjack or any other weapon capable of lethal use;
(2)
Possesses a firearm while intoxicated;
(3)
Sets a spring gun; or
(4)
Carries a concealed firearm without a current authorized carry permit.
(Ord. No. 675, 8-24-04)
BALLWIN,
DIVISION 1. GENERALLY Ballwin, Missouri Code of Ordinances
Sec. 17-55. Discharge of weapons prohibited.
No person, except the chief of police, a police or law enforcement officer, or other officer in the discharge of his duty, shall discharge or fire off any gun, pistol, rifle, shotgun or revolver which may be used for the explosion of cartridges, or any air-gun, BB gun, gas-operated gun or spring gun; or any instrument, toy or weapon commonly known as a peashooter, slingshot, or beany; or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name.
BELTON,
DIVISION 3. WEAPONS Belton, Missouri Code of Ordinances
Sec. 15-107. Definitions
Spring gun means any fused, timed or non-manually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death.
State law reference— Similar definitions, RSMo 571.010.
Sec. 15-111. Discharging firearms or weapons; exemptions.
It shall be unlawful for any person within the limits of the city to shoot or discharge any crossbow, sling, wrist rocket gun, revolver, air rifle, air gun, pellet gun, pistol, Taser, or firearm of any description or any other weapon that is designed or adapted to expel a projectile, whether ball or any kind of explosive whatsoever or electrical current. This section shall not apply to:
(1)
Legally qualified sheriffs or police officers, persons whose bona fide duty is to execute civil or criminal process, persons participating in training courses or seminars sponsored by accredited educational institutions, or persons coordinating an educational sponsored sporting event by discharging a starter pistol, or members of the armed forces, National Guard, or national recognized veterans associations, while performing their official duty.
(2)
Persons participating in a controlled harvest of nuisance animals under the guidelines of a written permit specifically authorized by the chief of police, upon the approval of the public safety advisory board, and while under the supervision of the permittee.
(3)
Persons discharging paintball guns, where the discharge of such paintball guns occurs exclusively on private property with the permission of the landowner or the tenant who is in lawful possession of the premises, and where all projectiles expelled from such gun are contained upon the private property of the permitted use; provided, however, that no person under 18 years of age shall discharge a paintball gun on such premises without written permission to engage in the use of a paintball gun by a parent or legal guardian, and no paintball gun shall be discharged towards a non-consenting person or domestic pet.
(4)
Persons participating in an activity or business, not including controlled harvests of nuisance animals, specifically authorized by the council with such conditions as the council deems appropriate for the health, safety and general welfare of the community.
State law reference— Discharge of firearms, RSMo 571.030.
BLACK JACK,
ARTICLE III. OFFENSES AGAINST PUBLIC ORDER Black Jack, Missouri Code of Ordinances
Sec. 11-46. Discharge of instruments that propel projectiles; discharge of firearms.
(a)
It shall be unlawful to discharge, fire or shoot any bow or arrow, cat rifle, air, rubber band or spring operated gun, or any sling shot, of whatsoever type using pellets, powder, beans, peas, shots or any other projectile whether discharged or shot by other motive power, within the city.
(b)
It shall be unlawful to discharge, fire or shoot any shotgun, rifle, revolver, pistol, or whatsoever type of firearm using lead slug, bullets, pellets, powder, shots or any other projectiles whether discharged or shot by other motive power, within the city; provided, however that nothing herein shall apply to officers of the law who are authorized to carry and discharge, when necessary, arms.
(c)
Subsection (a) shall not apply to one’s own property or premises when such instrument or weapon can be fired or operated in such a manner to prevent the projectile from traversing any ground outside the limits of property owned or controlled by such person; provided, further, that one may fire or operate any instrument governed by subsection (a) on property owned or controlled by another person when accompanied by said person, or with the same person’s written permission when such instrument or weapon can be fired or operated in such a manner to prevent the projectile from traversing any grounds outside the limits of such person’s property.
(Ord. No. 70, § 1, 5-22-72; Ord. No. 607, § 1, 3-18-97)
BOONVILLE,
ARTICLE I. IN GENERAL – Boonville, Missouri – Code of Ordinances
Sec. 14-4. – Definitions.
As used in this article, the following terms shall have the meanings indicated herein:
Antique, curio or relic firearm means any firearm so defined by the National Gun Control Act, 18 U.S.C. Title 26, Section 5845, and the United States Treasury/Bureau of Alcohol Tobacco and Firearms, 27 CFR Section 178.11:
Gas gun means any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb, that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance;
Machine gun means any firearm that is capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger;
Projectile weapon means any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person;
Rifle means any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger;
Projectile weapon means any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person;
Spring gun means any fused, timed or non-manually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death;
Sec. 14-4.2. – Possession, manufacture, transport, repair, sale of certain weapons.
(a)
Except as provided in subsection (b) of this section, it shall be unlawful for any person to knowingly possess, manufacture, transport, repair or sell:
(3)
A machine gun;
(4)
A gas gun;
Sec. 14-6. – Discharging firearms; sale of certain firearms.
(a)
No person shall fire off or discharge any firearm or any cat gun, spring gun or air gun, or throw any rock, pebble or other hard substance by hand or by means of a sling, crossbow, rubber band or bow, or by any other means except as provided in subsections (c) and (d) hereof.
BRANSON,
DIVISION 1. GENERALLY – Branson, Missouri – Code of Ordinances
Sec. 58-97. – Firearms definitions; prohibitions; possession and use of weapons.
(a)
For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:
Projectile weapon means any archery device, pellet gun, BB gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious injury or death by striking or piercing a person.
BUTLER,
ARTICLE IV. OFFENSES INVOLVING PUBLIC SAFETY – Butler, Missouri – Code of Ordinances
Sec. 14-77. – Discharge of BB guns, pellet guns, air rifles.
No person shall fire, propel or discharge (whichever is applicable) a BB gun, air rifle, air pistol, pellet gun, bow and arrow, crossbow or compound bow, or any other instrument or weapon;
(1)
Across or onto a public street or public way;
(2)
Across or onto the property of another, other than the property of a parent or guardian;
(3)
In any other situation so as to endanger the life or personal property of another.
(Code 1969, § 18-2.2; Ord. No. 739, § 1, 10-2-01)
CAMERON,
ARTICLE I. IN GENERAL – Cameron, Missouri – Code of Ordinances
Sec. 8-30. – Weapons—Definitions
Projectile weapon means any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.
Spring gun means any fused, timed or non-manually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death.
Sec. 8-32. – Same—Unlawful use
(a)
A person commits the offense of unlawful use of weapons if he knowingly:
(4)
Discharges, carries or has in his possession on the streets, alleys, walkways, parkways or any other public place within the city any air gun, spring gun, slingshot or any other implement or weapon which is capable of impelling with force a metal pellet or other projectile of any kind for a distance of more than ten (10) feet without the use of powder or other explosive;
(5)
Sells or purchases such air gun, spring gun, slingshot or other such weapon or gives such weapon to any minor under the age of seventeen (17) years within the city.
CAPE GIRARDEAU,
ARTICLE V. OFFENSES INVOLVING WEAPONS AND EXPLOSIVES Cape Girardeau, Missouri Code of Ordinances
Sec. 17-96. Definitions.
As used in this article:
(8)
Projectile weapon means any bow, crossbow, pellet gun, slingshot, paintball gun, or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.
Sec. 17-98. Unlawful possession or use of weapons
(5)
Any persons whose bona fide duty is to execute process, civil or criminal.
(c)
Subsections (a)(1), (2), (4) and (5) of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subsection (a)(1) of this section does not apply when the actor is in his dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subsection (a)(3) of this section does not apply when the actor discharges a firearm or projectile weapon in a safe manner at a suitable firearm, air gun or archery range. Subsection (a)(3) of this section does not apply when the actor is in his dwelling unit or upon business premises over which the actor has possession and reasonably discharges a firearm or projectile weapon in defense of himself, a third person or property. Subsection (a)(5) of this section does not apply when the actor openly carries a firearm readily capable of lethal use at a suitable firearm range.
(d)
Subsections (a)(1) and (4) of this section shall not apply to any person possessing a valid authorization to carry concealed weapons under RSMo § 571.094, to the extent that statute prohibits the enforcement of those subsections, and subject to the location limitations, and other limitations contained in that statute.
(Code 1967, § 18-61; Ord. No. 1028, art. 1, 6-17-91; Ord. No. 3240, art. 1, 10-20-03)
State law reference— Possession, use, etc., of weapons, RSMo, § 571.020 et seq.
CARTHAGE,
DIVISION 2. WEAPONS – Carthage, Missouri – Code of Ordinances
Sec. 13-145. – Unlawful use of weapons; exceptions.
(a)
For the purposes of this section, terms and phrases used herein shall have the definitions given them under RSMo. section 571.010.
(b)
A person commits the crime of unlawful use of weapons if he knowingly:
(2)
Sets a spring gun;
(11)
No person shall discharge any firearms or air gun, BB gun or any toy gun, projecting lead or any missiles except in a regularly-established shooting gallery. This section does not prohibit any officer of the law from discharging a firearm in the performance of his duties. Nor any person from discharging a firearm when lawfully defending person or property.
County of
CLAY,
ARTICLE II. PARK RULES AND REGULATIONS – Clay County, Missouri – Code of Ordinances
Sec. 90.24. – Firearms, weapons and tools.
It shall be unlawful for any person to bring into or have in his possession in any park or recreation area:
(A)
Any loaded or uncased pistol, revolver, or objects upon which loaded or blank cartridges may be used. Law enforcement offices while on official duty are exempt from this restriction.
(C) Any loaded or uncased rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow or other weapon in which the propelling force is gunpowder, spring or air. The Kansas City Trap Shooters facility shall be exempt from that section of this rule having to do with shotguns, in accordance with their lease agreement. The director of parks may also provide an exemption for special events.
(Ord. GO-84-42, passed 4-7-84; Am. Ord. GO-91-114, passed 9-26-91; Am. Ord. 98-35, passed 10-26-98)
Cross reference—Penalty, § 90.99.
CLINTON,
State Air-Gun Law reference- Section 571.010 defines a projectile weapon as “any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.” These restrictions generally do not hamper ones right to possess a BB gun, although, it is considered illegal to be in possession of or to discharge a projectile weapon while intoxicated. The court also has the right to confiscate an air-gun owned by a gang member.
CRESTWOOD,
ARTICLE I. IN GENERAL Crestwood, Missouri Code of Ordinances
Sec. 16-5. Use of weapons or missiles.
(a)
It shall be unlawful to discharge any missile or projectile in the City from any air rifle, pellet rifle, bow, cross-bow, blow gun, paintball gun, slingshot or other contrivance or apparatus capable of discharging any missile or projectile which might or could cause injury to person or property, or to threaten to injure any person or property with any such contrivance or apparatus or any missile, projectile, weapon, club or other thing that might or could cause injury to person or property.
(b)
The board of aldermen may, by special permit, authorize any responsible person, group, or association, to conduct shooting matches, contests or exhibitions with weapons or other missile discharging instrumentalities in the city when satisfied that the safety and peace of the citizens of the city will not be disturbed.
(Ord. No. 4243, § 1, 3-23-10)
Sec. 16-6. Hunting.
(a)
No person shall hunt any wild game, birds or animals with firearms, air-guns, air-rifles or bows and arrows within the city.
(b)
It shall be prima facie evidence and proof of the violation of this section if it is established that any person carrying firearms or air-guns or air-rifles and cartridges, bullets or missiles adapted thereto, whether such person is accompanied by hunting dogs or not, is found in any open fields, woods, lots or other places where wild game, birds or animals may reasonably be expected to be found.
(Ord. No. 18, §§ 1, 2, 10-25-49; Code 1965, § 53.06)
State law reference—Fish and game, RSMo Ch. 252.
CRYSTAL CITY,
ARTICLE VI. OFFENSES AGAINST PUBLIC HEALTH AND SAFETY – Crystal City, Missouri – Code of Ordinances
Sec. 17-93. – Discharge of BB guns.
It shall be unlawful for any person to discharge within the city limits any air rifle, also known as a BB gun, at any time, day or night.
(Ord. No. 394, § 1, 8-19-47)
DES PERES,
State Air-Gun Law reference- Section 571.010 defines a projectile weapon as “any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.” These restrictions generally do not hamper ones right to possess a BB gun, although, it is considered illegal to be in possession of or to discharge a projectile weapon while intoxicated. The court also has the right to confiscate an air-gun owned by a gang member.
DONIPHAN,
State Air-Gun Law reference- Section 571.010 defines a projectile weapon as “any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.” These restrictions generally do not hamper ones right to possess a BB gun, although, it is considered illegal to be in possession of or to discharge a projectile weapon while intoxicated. The court also has the right to confiscate an air-gun owned by a gang member.
FERGUSON,
DIVISION 3. WEAPONS OFFENSES Ferguson, Missouri Code of Ordinances
Sec. 29-137. Discharge of firearms and air guns.
It shall be unlawful for any person to fire, shoot, or discharge any firearm, or other weapon, including any air gun, bow and arrow, or crossbow within the city, whether the projectile thereof is propelled by explosive, air, or other means, and regardless of the character of the projectile; provided, it shall not be unlawful for a person to discharge a firearm within the city when:
(1)
Any civic, fraternal, benevolent, charitable or other organization may file an application with the chief of police for a one-day permit to discharge firearms within the city. The application shall specify the types of firearms to be used, the time and place of such use and the purpose for which such permit is sought. The chief of police, after consultation with other appropriate department heads, may issue such permit if such discharge or use of firearms will not endanger public safety. If a permit is issued, it shall be for a limited period of time and for a specific place and purpose. If there is any violation of the permit, or if any time it is his opinion the public may be endangered, the chief of police may issue a revocation notice and withdraw the permit.
(2)
Any veteran’s organization which, as a part of its service or function, provides an honor gun for public celebrations, or military or quasi-military funerals, may make application to the chief of police for a permit for the discharge of blank ammunition. Such application shall state the name of the organization, the types of weapons which shall be used to fire the blank ammunition, and the time and place where the weapons shall be fired. The chief of police, after consultation with other appropriate department heads, may issue such permit if such discharge or use of firearms will not endanger public safety. If a permit is issued, it shall be for a limited period of time and for a specific place and purpose. If there is any violation of the permit, or if at any time it is his opinion the public may be endangered, the chief of police may issue a revocation notice and withdraw the permit.
(3)
Any person using any public archery range for bow and arrow practice.
(4)
The provisions of this section shall not apply to law enforcement officers of the United States, State of Missouri, County of St. Louis, or the City of Ferguson, or any servicemen in the service of the United States or State of Missouri who discharge their weapons in the official and proper performance of their duties.
(Code 1973, § 51.02; Ord. No. 92-2516, § 1, 1-14-92)
ARTICLE IV. USE REGULATIONS Ferguson, Missouri Code of Ordinances
Sec. 30-58. Weapons.
(a)
No person shall discharge or shoot any firearm, air gun, slingshot or bow and arrow in any park except at places designated and posted specifically for such purpose.
(b)
No one shall discharge arrows or other projectiles from a cross-bow at any time or in any place or in any park in the city.
(Code 1973, § 11.22)
Cross reference—Weapons offenses, § 29-136 et seq.
FULTON,
Sec. 78-111. – Discharge of firearms, air rifles, bows and similar instruments prohibited.
No person, except the chief of police, a police officer or law enforcement officer or other officer in the discharge of his duty, shall discharge or fire off any gun, pistol, rifle, shotgun or revolver which may be used for the explosion of cartridges or any air gun, BB gun, gas-operated gun or spring gun or any instrument, toy or weapon commonly known as a “peashooter,” “slingshot” or “beany,” or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth in this section or by any other name.
Except, bow and arrow hunting, for deer only, will be permitted during specified days and times, to be determined by the State of Missouri Department of Conservation along with the City of Fulton. All hunters must comply with state laws regarding bow and arrow hunting for deer along with specified regulations applying to the special hunt within the city limits.
Bow and arrow target practice will be allowed only at archery ranges.
(Code 1980, § 20-87; Ord. No. 1111-05, § 1, 10-11-05; Ord. No. 1276-10, § 1, 4-27-10)
GLADSTONE,
CHAPTER 135. WEAPONS Gladstone, Missouri Code of Ordinances
Sec. 3.135.030. Possession prohibited outside person’s own home; exceptions.
(a)
Subject to the exceptions established in this chapter, it shall be unlawful for any person within the city to have in such person’s possession, except within the person’s own domicile, or carry or use, a revolver or pistol of any description, shotgun or rifle which may be used for the explosion of cartridges, or any air gun, BB gun, gas operated gun or spring gun, or any instrument, toy, weapon or bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth in this subsection or by any other name.
(b)
The prohibitions of this section shall not apply to licensed shooting galleries or on private grounds or premises under circumstances clearly demonstrating that such instrument can be fired, discharged or operated in such a manner as not to endanger persons or property, and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such gallery, grounds or residence. Neither shall the provisions hereof prevent the carrying of any such weapon when unloaded and properly cased, or when unloaded and unconcealed to or from any range or gallery or to and from an area where hunting is allowed by law. However, no firearm shall be fired within the city, except in a licensed shooting gallery or within a private enclosed shooting gallery.
(Code 1974, § 30-3)
CHAPTER 130. PARKS AND RECREATION Gladstone, Missouri Code of Ordinances
Sec. 2.130.010. Park rules and regulations.
The following rules and regulations governing conduct in public parks and recreation areas in the city are hereby adopted by the city council:
(1)
Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(18)
Firearms and other weapons. No person other than police officers or others authorized by law shall use, carry or possess any long bow, cross bow or slingshot, pistol, revolver, rifle, shotgun, air gun, spring gun, BB gun or any other weapon in which the force used to propel projectiles is gun powder, air, compressed air or springs, or any instrument that can be loaded with and fire blank cartridges, on any city park system property except as otherwise permitted by this chapter. Further, no person shall discharge a firearm or other weapon into park areas from beyond the park boundaries.
(19)
Issuance of permit required. No person shall do any of the following without a permit, provided that no permit shall be required for any action or event sponsored by the city:
a.
Display an advertising sign or other advertising matter, provided that a sign attached to a vehicle to identify the vehicle, or a sign lawfully on a taxi or bus, is not prohibited;
b.
Operate for advertising purposes any musical instrument, soundtrack or drum;
c.
Conduct exhibitions;
d.
Hold a parade;
e.
Conduct concerts.
GRANDVIEW,
Chapter 17 OFFENSES—MISCELLANEOUS Grandview, Missouri Code of Ordinances
Sec. 17-40. Discharge of firearms.
It shall be unlawful for any person within the limits of the city to shoot or discharge any gun, revolver, air rifle or air gun, pistol, or firearms of any description, whether loaded with powder and ball or shot or with blank cartridges, or any kind of explosives whatsoever, or any kind of projectile weapon; provided that nothing contained in this section shall apply to persons discharging firearms in the defense of person or property, or to legally qualified sheriffs or police officers and other persons whose bona fide duty is to execute process, civil or criminal, make arrest or aid in conserving the public peace, or to persons discharging blank cartridges as a final salute at a military funeral or memorial service as members of a ceremonial firing party or firing squad.
The prohibitions of this section shall not apply to the use of a bow made for the purpose of throwing or projecting arrows, in agriculture zoned areas of the city, as established in Chapter 31 of the Grandview Code of Laws, or in agriculture use areas regardless of the adopted zoning, when lawful hunting or target practice is conducted at least one hundred (100) yards from any roadway or dwelling.
(R.O. 1929, Ch. 4, Art. 3, § 97; Ord. No. 967, § 11; Ord. No. 5208, § 2, 9-15-99; Ord. No. 5440, § 1, 11-13-01)
Sec. 17-41. Unlawful use of weapons.
(a)
A person commits the ordinance violation of unlawful use of weapons if he or she knowingly:
(1)
Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use;
(2)
Sets a spring gun;
(3)
Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in Section 302.010, RSMo, or any building or structure used for the assembling of people;
(4)
Exhibits, in the presence of one (1) or more persons, any weapon readily capable of lethal use in an angry or threatening manner;
(5)
Possesses or discharges a firearm or projectile weapon while intoxicated;
(6)
Discharges a firearm within one hundred (100) yards of any occupied schoolhouse, courthouse, or church building;
(7)
Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a public highway or discharges or shoots a firearm into any outbuilding;
(8)
Carries a firearm or other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof;
(9)
Discharges or shoots a firearm at or from a motor vehicle, as defined in Section 301.010, RSMo, while within the city, or discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense;
(10)
Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.
HANNIBAL,
State Air-Gun Law reference- Section 571.010 defines a projectile weapon as “any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.” These restrictions generally do not hamper ones right to possess a BB gun, although, it is considered illegal to be in possession of or to discharge a projectile weapon while intoxicated. The court also has the right to confiscate an air-gun owned by a gang member.
HILLSBORO,
Chapter 14 OFFENSES—MISCELLANEOUS – Hillsboro, Missouri – Code of Ordinances
Sec. 14-13. – Discharge of firearms generally.
No person, except duly commissioned police officers, shall discharge any firearm or projectile weapon of any description within the limits of the City of Hillsboro; provided, however, that any person or organization may obtain a permit from the City to discharge firearms and projectile weapons in connection with any special event for the entertainment of the public for a period not to exceed three days. “Firearm” means any weapon that is designed or adapted to expel a projectile by the action of an explosive. “Projectile weapon”, for purposes of this ordinance means a “BB” gun or pellet gun (meaning powered by spring, air or compressed gas).
(Ord. No. 24-73, § 10, 12-10-73)
State law reference— Power of city to restrain and prevent the discharge of firearms, RSMo 79.450.
Gas gun means any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb, that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance;
Sec. 14-13. – Discharge of firearms generally.
No person, except duly commissioned police officers, shall discharge any firearm or projectile weapon of any description within the limits of the City of Hillsboro; provided, however, that any person or organization may obtain a permit from the City to discharge firearms and projectile weapons in connection with any special event for the entertainment of the public for a period not to exceed three days. “Firearm” means any weapon that is designed or adapted to expel a projectile by the action of an explosive. “Projectile weapon”, for purposes of this ordinance means a “BB” gun or pellet gun (meaning powered by spring, air or compressed gas).
(Ord. No. 24-73, § 10, 12-10-73)
State law reference— Power of city to restrain and prevent the discharge of firearms, RSMo 79.450.
Machine gun means any firearm that is capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger;
Projectile weapon means any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person;
Spring gun means any fused, timed or non-manually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death;
Sec. 14-14.1. – Possession, manufacture, transport, repair, sale of certain weapons a crime; exceptions; penalties.
(a)
A person commits a violation of this section if he or she knowingly possesses, manufactures, transports, repairs or sells:
(2)
A machine gun;
(3)
A gas gun;
HOUSTON,
DIVISION 2. WEAPONS OFFENSES Houston, Missouri Code of Ordinances
Sec. 12-113. Discharge of firearms and weapons prohibited; exception.
It shall be unlawful for any person to fire, shoot or discharge any firearm or other weapon, including any air gun, within the city, whether the projectile thereof is propelled by explosive, air or other means, and regardless of the character of the projectile; provided, however, that it shall not be unlawful for a person to discharge a firearm within the city when the shooting is conducted with the approval and under the supervision and direction of, the police department.
(Rev. Ords. 1914, Ch. 13, §§ 1, 46; Ord. No. 367, § 1, 6-20-66)
State law reference— Municipal authority to prevent discharge of firearms, RSMo 79.450(2).
Independence,
State Air-Gun Law reference- Section 571.010 defines a projectile weapon as “any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.” These restrictions generally do not hamper ones right to possess a BB gun, although, it is considered illegal to be in possession of or to discharge a projectile weapon while intoxicated. The court also has the right to confiscate an air-gun owned by a gang member.
JACKSON,
ARTICLE V. OFFENSES INVOLVING WEAPONS AND EXPLOSIVES – Jackson, Missouri – Code of Ordinances
Sec. 45-500. – Definitions
Projectile weapon means any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.
Sec. 45-502. – Unlawful possession or use of weapons
(d)
Subsection (a) of this section does not apply when the actor discharges a firearm or projectile weapon in a safe manner at a suitable firearm, air gun or archery range constructed, maintained and staffed in accordance with specifications, guidelines and recommendations of the state department of conservation.
JENNINGS,
ARTICLE V. OFFENSES AGAINST PUBLIC SAFETY Jennings, Missouri Code of Ordinances
Sec. 24-92. Discharge of firearms—Generally.
It shall be unlawful for any person to discharge, fire or shoot any shotgun, rifle, revolver, pistol, cat rifle, air rifle or other firearms, weapons, instruments or contrivances of any kind whatsoever using lead, slug, bullets, pellets, powder, beans, peas, shots or any of them, whether discharged or shot by means of powder, bullet or caps or spring, or other motive power within the city; provided, however, that nothing herein shall apply to officers of the law who are authorized to carry and discharge, when necessary, arms.
(Ord. No. 299, 9-28-53)
JOPLIN,
ARTICLE V. OFFENSES AGAINST HEALTH AND SAFETY – Joplin, Missouri – Code of Ordinances
Sec. 82-198. – Possession; manufacture; transport; repair—Sale of certain weapons a crime—Exceptions; penalties.
(a)
A person commits a crime if he knowingly possesses, manufactures, transports, repairs, or sells:
(3)
A gas gun;
KANSAS CITY,
ARTICLE VIII. WEAPONS Kansas City, Missouri Code of Ordinances
Sec. 50-263. Discharging firearms generally.
It shall be unlawful for any person within the limits of the city to shoot or discharge any gun, revolver, air rifle or air gun, pistol or firearms of any description, whether it is loaded with powder or ball or shot or with blank cartridges, or any kind of explosives whatsoever; provided that nothing contained in this section shall apply to persons discharging firearms in the defense of person or property; or to legally qualified sheriffs or police officers and other persons whose bona fide duty is to execute process, civil or criminal, make arrests or aid in conserving the public peace; or to persons discharging blank cartridges as a final salute at a military funeral or memorial service as members of a ceremonial firing party or firing squad; or to persons discharging firearms while engaged in a wildlife management program under the control of the city on property on or around its airports owned or leased by the city through the aviation department.
(Code of Gen. Ords. 1967, § 26.182; Ord. No. 63600, 2-16-89; Ord. No. 010168, § 1, 2-8-01; Ord. No. 010168, § 1, 2-8-01)
Cross reference—Noise control, ch. 46.
KIRKSVILLE,
DIVISION 2. WEAPONS Kirksville, Missouri Code of Ordinances
Sec. 18-122. Discharge of air rifles, etc.
It shall be unlawful for any person to discharge an air rifle, BB gun, gas pistol, compressed air gun, or other destructive devices, excluding bows of any kind, on his own premises or upon or onto the premises of any other person within the city without first obtaining permission to do so from the chief of police.
(Code 1974, § 16-1; Ord. No. 11889, § I, 8-21-2009)
ARTICLE I. IN GENERAL Kirksville, Missouri Code of Ordinances
Sec. 19-6. Firearms and fireworks.
It shall be unlawful for any person to have in his possession weapons, air guns, slingshots, firecrackers, bombs, torpedoes, rockets or any other type of firework or pyrotechnic within any recreation facility.
(Code 1974, § 17-3(d))
Cross reference— Fireworks generally, § 9-26 et seq.
LADUE,
State Air-Gun Law reference- Section 571.010 defines a projectile weapon as “any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.” These restrictions generally do not hamper ones right to possess a BB gun, although, it is considered illegal to be in possession of or to discharge a projectile weapon while intoxicated. The court also has the right to confiscate an air-gun owned by a gang member.
LAMAR,
ARTICLE I. IN GENERAL Lamar, Missouri Code of Ordinances
Sec. 15-1. Discharge of firearms—Restricted.
(a)
It shall be unlawful for any person to use or discharge any firearm, rifle, shotgun, BB gun, pellet gun, paint ball gun, slingshot or bow and arrow within the city limits. The term “firearm” shall have the same meaning as that defined in RSMo 571.010(5), as amended, and shall also include, but shall not be limited to, what is commonly known as a “potato gun” or any remotely similar device. A “potato gun” is any device, homemade or manufactured, designed to expel a projectile (commonly a potato) by the action of an explosive (commonly hairspray) with such force that is likely to cause serious injury or damage to any person or property upon impact.
Sec. 15-2. Same—Penalty.
Any person violating the provisions of section 15-1, upon conviction, shall be deemed guilty of a misdemeanor and shall be fined not less than $5.00, nor more than $200.00 for any such conviction.
(Ord. No. 1392, § 2, 11-21-88)
LEBANON,
DIVISION 1. GENERALLY – Lebanon, Missouri – Code of Ordinances
Sec. 14-117. – Discharge of firearms and air guns prohibited.
It shall be unlawful for any person to fire, shoot or discharge any firearm, or other weapon, including any air gun, within the city, whether the projectile thereof is propelled by explosive, air or other means, and regardless of the character of the projectile; provided, it shall not be unlawful for a person to discharge a firearm within the city when:
(1)
They are a member in good standing of a recognized organization having as one of its principal activities the handling and use of firearms; and
(2)
The organization has been approved by a majority vote of the council to conduct a shooting of undesirable birds or animals in the city; and
(3)
The shooting is conducted under the supervision and direction of the police department.
(Code 1967, §§ 17-3, 17-4, 17-13)
LEES SUMMIT,
DIVISION 2. WEAPONS OFFENSES Lee’s Summit, Missouri Code of Ordinances
Sec. 17-161. Definitions.
Spring gun shall mean any fused, timed or non-manually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death.
(Code 1988, § 17-161)
Cross reference— Definitions and rules of construction generally, § 1-2.
State law reference— Similar definitions, RSMo 571.010.
Sec. 17-164. Discharging firearms or weapons prohibited within City; exemptions.
A.
It shall be unlawful for any person within the limits of the City to shoot or discharge any crossbow, sling, wrist rocket gun, revolver, air rifle, air gun, pellet gun, pistol, or taser, or firearm of any description or any other weapon that is designed or adapted to expel a projectile
LIBERTY,
Chapter 22A PARKS – Liberty, Missouri – Code of Ordinances
Sec. 22A-8. – Possession of firearms.
The possession of firearms including air rifles, BB guns, pellet guns, and slingshots in city parks at any time is prohibited. The possession of a firearm shall be considered prima facie evidence of violation of this regulation.
(Ord. No. 5196, § 1, 8-25-86)
Cross reference— Use of firearms prohibited, § 22-16.1; discharge of air guns, § 22-22.
Chapter 22 OFFENSES—MISCELLANEOUS – Liberty, Missouri – Code of Ordinances
Sec. 22-16.1. – Discharging firearms, crossbows, etc.—Prohibited; violation by minors. content
Subject to the exceptions hereinafter enumerated and set forth in section 22-16.2, any person who shall discharge a crossbow, a cannon or other ordnance, or fire off any carbine, fusil, musket, gun, pistol or other firearm, or set off any squib or cracker, or throw any fireball, shall be guilty of a misdemeanor.
In all cases, the parent or guardian of any minor convicted under this section shall be held responsible for their act or acts of violation; and conviction of any minor under this section, together with proof, [shall render] the aforesaid parent or guardian liable for the payment of any fine assessed against his child or ward duly convicted for the violation of this section. Nothing herein contained shall be construed to prevent the assessing of a fine or penalty against any minor convicted of violation of this section.
(Ord. No. 1631, § 2; Ord. No. 5493, § 1, 3-14-88)
Cross reference— Discharge of air or pellet rifles, § 22-22; use of firearms or crossbows to hunt wildlife, § 22-23; possession of firearms in parks, § 22A-8.
Sec. 22-21. – Weapons offenses.
(a)
Definitions.
(6)
Gas gun means any gas injected device, weapon, cartridge, container or contrivance other than a gas bomb, that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance.
(10)
Spring gun means any fused, timed or non-manually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death.
(12)
Projectile weapon Means any bow, crossbow, pellet gun, slingshot, or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.
(b)
Unlawful use of weapons.
1.
A person commits the crime of unlawful use of weapons if he or she knowingly:
(1)
Carries concealed on or about his person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or
(2)
Sets a spring gun; or
(3)
Discharges or shoots a firearm within the limits of the city; or
(4)
Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or
(5)
Possesses or discharges a firearm or projectile weapon while intoxicated; or
(6)
Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof, or into any public assemblage of persons met for any lawful purpose; or
(7)
Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.
(8)
Possess a switchblade knife, knuckles, or any firearm that is not readily identifiable as a firearm.
22-22. – Discharging air and pellet rifles, guns and pistols.
Except when the same is done during participation in a firearms training program which has been approved as to safety by the chief of police, any person who shall discharge any air or pellet rifle, gun or pistol within the limits of the city shall be deemed guilty of a misdemeanor.
(Ord. No. 5026, 8-26-85)
Cross reference— Discharging firearms, crossbows, etc., § 22-16.1; possession of firearms in parks, § 22A-8.
LICKING,
State Air-Gun Law reference- Section 571.010 defines a projectile weapon as “any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.” These restrictions generally do not hamper ones right to possess a BB gun, although, it is considered illegal to be in possession of or to discharge a projectile weapon while intoxicated. The court also has the right to confiscate an air-gun owned by a gang member.
MAPLEWOOD,
ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY – Maplewood, Missouri – Code of Ordinances
Sec. 34-200. – Weapons generally
(h)
It shall be unlawful for any person carrying an air weapon (as defined herein) to willfully enter or go upon the premises or property of another, or to fire or discharge any air weapon while on the premises or property of another, or to fire any projectile from an air weapon over, into through or across the premises or property of another without first having obtained the written permission from the owner, lessee or person in charge of such premises or property. It shall also be unlawful for any person to fire or discharge any air weapon from, across or into any street, sidewalk, road, highway or any park. As used herein, the term “air weapon” shall mean any air rifle, air gun or pistol, BB gun, sling shot, spring gun or gun or rifle containing a gas-propelled cartridge, tear gas gun, vapor gas gun or any similar weapon, whether such be classed as a toy or not, which impels with force a projectile or pellet of any kind.
DIVISION 2. PROHIBITED CONDUCT – Maplewood, Missouri – Code of Ordinances
Sec. 36-84. – Boats; fishing; hunting, trapping, etc
(7)
Hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any descriptions, or air-rifles, spring-guns, bow-and-arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
(Code 1972, § 304.02(A)(2)—(9), (C)—(G), (H)(1), (3)—(5), (7)—(9), (11)—(14), (I); Code 1982, § 23-37(e); Ord. No. 5478, § I, 7-8-2008)
MARSHALL,
State Air-Gun Law reference- Section 571.010 defines a projectile weapon as “any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.” These restrictions generally do not hamper ones right to possess a BB gun, although, it is considered illegal to be in possession of or to discharge a projectile weapon while intoxicated. The court also has the right to confiscate an air-gun owned by a gang member.
MARYLAND HEIGHTS,
ARTICLE I. IN GENERAL – Maryland Heights, Missouri – Code of Ordinances
Sec. 14-12. – Unlawful use of weapons.
(a)
Definitions. The following words, when used in this section, shall have the meanings set out herein:
Projectile weapon. Any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.
Spring gun. Any fused, timed or non-manually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death.
(b)
A person commits the offense of unlawful use of weapons if he/she knowingly:
(1)
Carries concealed upon or about his/her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use;
(2)
Sets a spring gun;
(3)
Discharges or shoots a firearm within the city limits
MEXICO,
ARTICLE VI. WEAPONS Mexico, Missouri Code of Ordinances
Sec. 10-181. Definitions,
As used in this article:
(8)
Projectile weapon means any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.
Sec. 10-183. Possession, manufacture, transport, repair, sale of certain weapons a crime; exceptions.
(b)
Has in his possession, except within his own domicile, or carries or uses any air gun, “B-B” gun, gas-operated gun, spring gun or any instrument, toy or weapon known as a “pea shooter,” “slingshot” or “beanie”, “paintball gun” or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name.
MOBERLY,
DIVISION 2. WEAPONS OFFENSES – Moberly, Missouri – Code of Ordinances
Sec. 15-188. – Discharge of weapons/permitted use of bow and crossbow.
(a)
It shall be unlawful for any person to discharge or fire off any firearm, sling shot, rifle, air pistol, pellet gun, BB gun or BB pistol, within the city limits. This section does not apply to officers of the law in the discharge of their duties, patrons within licensed shooting galleries, or persons participating in military funerals.
Exception—Although Ordinance No. 8236 prohibits the discharge of a weapon in the city limits, there is created an exception to this provision only in conjunction with the deer cull firearms program. The deer cull firearms program shall be conducted on city owned public property. The discharge of firearms shall be allowed on certain private property with the express written consent of the landowner, in accordance with Resolution No. 470 and the deer firearms program.
Whether on city identified properties or allowed on certain private properties, only marksmen approved by the City of Moberly shall be allowed to participate in the deer cull program.
The decision however, to utilize the deer cull firearms program on private property shall ultimately be made by city staff. Safety and protection will be the primary factor driving these decisions.
(b)
No person shall use a bow or crossbow within the city unless subject to an exception set out in subsection (c).
(c)
Bow hunting shall be permitted within the city from September 15 through January 15 notwithstanding subsection (b) above, subject to the following rules and regulations.
MONTGOMERY CITY,
ARTICLE XI. WEAPONS OFFENSES – Montgomery City, Missouri – Code of Ordinances
Sec. 36-298. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Gas gun means any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb, that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance.
Machine gun means any firearm that is capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger.
Projectile weapon means any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.
Spring gun means any fused, timed or non-manually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death.
NEVADA,
Chapter 23 MISCELLANEOUS OFFENSES Nevada, Missouri Code of Ordinances
Sec. 23-2. Discharging air rifles.
No person in the city shall shoot or discharge any air rifle, pistol or gun of any description that shoots or projects BBs, pellets or shot by means of air, gas or hydraulic pressure or force; provided that nothing in the section shall apply to target ranges or shooting galleries under such circumstances as not to endanger persons, property or animals or send a projectile outside of the range or gallery.
(Code 1998, § 23-2; Ord. No. 2265, § 45)
NEW MADRED,
State Air-Gun Law reference- Section 571.010 defines a projectile weapon as “any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.” These restrictions generally do not hamper ones right to possess a BB gun, although, it is considered illegal to be in possession of or to discharge a projectile weapon while intoxicated. The court also has the right to confiscate an air-gun owned by a gang member.
NIXA,
State Air-Gun Law reference- Section 571.010 defines a projectile weapon as “any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.” These restrictions generally do not hamper ones right to possess a BB gun, although, it is considered illegal to be in possession of or to discharge a projectile weapon while intoxicated. The court also has the right to confiscate an air-gun owned by a gang member.
NORTH KANSAS CITY,
Chapter 9.44 WEAPONS North Kansas City, Missouri Code of Ordinances
9.44.010 Carrying weapons of any kind.
A.
The carrying of firearms by any person not a member of the armed forces of the United States, or of the state, county, or city law enforcement bodies, is prohibited unless such person has a special permit to carry such firearms, which permit shall be issued by the city clerk after the application therefor shall have been passed upon by the city council and the permit has been signed by the mayor and city clerk.
B.
All persons having a special police permit shall be allowed to carry firearms when they are engaged in their duty of guarding the premises of their employer’s place of business, but no person shall carry such firearms when not on his or her employer’s property. Such firearms shall be left on the employer’s premises when such person finishes work each day.
C.
No person shall in the city wear or carry under his or her clothes or conceal upon or about his person a dangerous or deadly weapon of any kind or description, or shall go into any church or place where people have assembled for religious worship, or into any schoolroom or place where people are assembled for educational, political, literary or social purposes, or to any election precinct on any election day, or into any courtroom during the sitting of court, or into any other public assemblage of persons met for any lawful purpose, other than for militia drill, or meetings called under militia law of this state, having upon or about his or her person, concealed or exposed, any kind of firearm, pistol, revolver, shotgun, rifle, Bowie knife, spring-back knife, razor, metal knuckles, nunchakus, billy club, sword, cane, dirk, dagger, slingshot, B-B gun, pellet gun or other similar deadly weapons, or display in a menacing or threatening manner any simulated or artificial weapon or thing having the appearance of a weapon as described hereinabove.
(Prior code § 16-146)
9.44.020 Discharge of firearms, air guns, slingshots, bows and arrows or crossbows.
It is unlawful to discharge any firearm, air gun, slingshot, bow and arrow or crossbow in the city; provided, that this section shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his or her duty; not to any citizen to discharge a firearm when lawfully defending his or her person or property. The herein prohibition against the discharge of firearms, air guns, slingshots, bows and arrows or crossbows shall be excepted when:
A.
The shooting of same is at a regularly established range pursuant to a permit issued by the city therefor; and
B.
The shooting of same by one whose business entails the testing of such equipment in established facilities constructed and maintained for such purposes.
(Prior code § 16-147)
PERRYVILLE,
Chapter 9.04 OFFENSES AGAINST PUBLIC PEACE AND DECENCY Perryville, Missouri Code of Ordinances
9.04.010 Dangerous and concealed weapons
F.
Subsection A of this section does not apply when the actor discharges a firearm or projectile weapon in a safe manner at a suitable firearm, air gun or archery range constructed, maintained and staffed in accordance with specifications, guidelines and recommendations of the state department of conservation.
PLEASANT HILL,
State Air-Gun Law reference- Section 571.010 defines a projectile weapon as “any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.” These restrictions generally do not hamper ones right to possess a BB gun, although, it is considered illegal to be in possession of or to discharge a projectile weapon while intoxicated. The court also has the right to confiscate an air-gun owned by a gang member.
RAYMORE,
ARTICLE VII. OFFENSES CONCERNING WEAPONS Raymore, Missouri Code of Ordinances
SECTION 210.335: DISCHARGING AIR GUN, ETC.
A.
Any person within the limits of this City who shall discharge any BB gun, spring gun, air gun or paintball gun, or shall shoot any bow, pebble, bullet, slug or other hard substance by means of a sling, crossbow, rubber band or bow or any other means shall be deemed guilty of an ordinance violation.
B.
Exception For Hunters. The prohibition of this Section shall not be construed to forbid the legal taking of game or target practice on property zoned for agricultural use when such hunting or target practice is conducted at least one hundred fifty (150) yards from any roadway, and one hundred fifty (150) yards from any dwelling or place of business.
Note—Under certain circumstances this offense can be a felony under state law.
RAYTOWN,
ARTICLE VI. OFFENSES AGAINST PUBLIC ORDER – Raytown, Missouri – Code of Ordinances
Sec. 13-67. – Definitions of terms relative to sections 13-68 through 13-70.
The following words and phrases shall have the meanings indicated throughout sections 13-68 through 13-70 except where the context clearly indicates otherwise:
Gas gun: Any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb, that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance.
the knuckles.
Machine gun: Any firearm that is capable of firing more than one (1) shot automatically, without manual reloading, by a single function of the trigger.
Projectile weapon: Any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.
Spring gun: Any fused, timed or non-manually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death.
Editor’s note— Former § 13-67 has been deleted as being superseded by provisions enacted in Ord. No. 2374-82, § 1, adopted Apr. 20, 1982, which were designated as §§ 13-67—13-70 as herein set out. Prior to deletion, former § 13-67, “Carrying concealed weapon,” was derived from Ord. No. 2242-81, § 1, adopted June 16, 1981.
Sec. 13-68. – Unlawful possession, manufacture, transport, repair, sale of certain weapons.
(a)
A person commits the offense of unlawful possession of a weapon if he knowingly possesses, manufactures, transports, repairs or sells:
(1)
An explosive weapon;
(2)
An explosive, incendiary or poison substance or material with the purpose to possess, manufacture or sell an explosive weapon;
(3)
A machine gun;
(4)
A gas gun;
SEDALIA,
ARTICLE V. OFFENSES AGAINST PUBLIC SAFETY – Sedalia, Missouri – Code of Ordinances
Sec. 36-120. – Discharge of firearms and air guns prohibited.
It shall be unlawful for any person to fire, shoot or discharge any firearm, or other weapon, including any air gun, within the city, whether the projectile thereof is propelled by explosive, air or other means, and regardless of the character of the projectile; provided, it shall not be unlawful for a person to discharge a firearm within the city when:
(1)
Such person is a participant of a business which has been granted a special use permit pursuant to section 64-124
(2)
Such person is a member in good standing of a recognized organization having as one of its principal activities the handling and use of firearms, and the organization has been approved by a majority vote of the council to conduct a shooting of undesirable birds or animals in the city and the shooting is conducted under the supervision and direction of the police department; or
(3)
Such shooting is conducted on a city-owned, city-maintained firing range under authorization of the city police department.
(Code 1969, § 17-38; Code 1982, § 19-67; Ord. No. 7280, § 1, 1-17-1977; Ord. No. 9317, § 1, 3-17-2003; Ord. No. 9526, § 1, 9-5-2006)
SPRINGFIELD,
ARTICLE VI. OFFENSES AGAINST PUBLIC HEALTH AND SAFETY Springfield, Missouri Code of Ordinances
Sec. 78-252. Discharge of firearms, BB guns and air rifles.
No person shall discharge any firearm or BB gun or air rifle which propels BBs or other metal by compressed air or gas except when done on his own premises or premises controlled by him, in proper and necessary cases.
(Code 1981, § 26-137)
ST. CLAIR,
DIVISION 1. GENERALLY St. Clair, Missouri Code of Ordinances
Sec. 20-34. Throwing, shooting missiles.
Any person who shall throw stones, balls, or other missiles on the streets, or who shall shoot with a bow and arrow, air rifle, spring loaded gun, slingshot or other implement upon or across any of the streets of the city shall be deemed guilty of an offense.
(Ord. No. 102, § 15, 12-1-30)
SAINT LOUIS,
Chapter 15.134 USE, PURCHASE OR POSSESSION OF CERTAIN WEAPONS BY MINORS – St. Louis, Missouri – Code of Ordinances
15.134.010 – Possession or discharging.
No minor under the age of seventeen years shall have in his possession or discharge on the streets or alleys of the city, or in any park, playground or vacant lot, any air rifle, air gun or pistol, spring gun, or gun or rifle containing a gas-propelled cartridge, tear gas gun, vapor gas gun, or any other similar weapon, whether such be classed as a toy or not, which impels with force a metal pellet of any kind; or in the same areas and under the same circumstances, to propel any metal or sharp pointed arrow. The provisions of this section shall not apply to any park or playground wherein archery or target practice are permitted, nor to any vacant lot when at least one adult person is present at the time.
(Ord. 53467 § 1 (part), 1965: prior Ord. 49182 § 1 (part), 1958: 1960 C. § 754.010: 1948 C. Ch. 46 § 17.)
McQuillin:
24.489 Firearms, weapons and toy guns
24.492 Discharge of firearms within city
15.134.020 – Sale of weapons.
No dealer or merchant who sells toys, firearms, guns or similar weapons, shall sell, deliver or give any air rifle, air gun or pistol, spring gun, or gun or rifle operated with a gas-propelled cartridge, metal or sharp pointed arrow, tear gas gun, vapor gas gun, or any other similar weapon, to any minor under the age of seventeen years.
(Ord. 53467 § 1 (part), 1965: prior: Ord. 49182 § 1 (part), 1958: 1960 C. § 754.020.)
15.134.030 – Parental consent.
No person shall sell or deliver, loan or barter, either directly or indirectly, to any minor under the age of twenty-one years, any kind of firearms, bowie knife, spring back knife, razor, metal knuckles, bill, sword cane, dirk, dagger, sling shot, or other similar deadly weapon, or tear gas gun, vapor gas gun, or any other similar weapon, without the consent of the parent or guardian of the minor.
(Ord. 53467 § 1 (part), 1965: prior: Ord. 51507 § 2, 1962: Ord. 47510 § 1, 1955: 1960 C. § 754.030.)
15.134.040 – Slingshots.
No person shall sell, offer for sale, distribute, barter, loan or give away any slingshot within the city.
(Ord. 51506 § 1962: prior: 1960 C. § 754.040.)
County of
ST. LOUIS,
CHAPTER 716 PETTY OFFENSES CODE St. Louis County, Missouri Code of Ordinances
716.135 Regulation of BB and Pellet Guns
Close
716.135 Regulation of BB and Pellet Guns.
—1. It shall be unlawful for any person under sixteen (16) years of age openly to carry any BB gun or pellet gun on or in any public street, road, highway or park unless accompanied by a person eighteen (18) years of age or older.
2.
It shall be unlawful for any person under sixteen (16) years of age and openly carrying a BB gun or pellet gun to willfully enter or go upon the premises or property of another, or to discharge any BB gun or pellet gun while on the premises or property of another, without having first obtained the written permission from the owner or other person in charge of such premises or property and having said written permission on his person; except, however, this section shall not apply to a person carrying or discharging a BB gun or pellet gun while in the immediate presence and with the consent of the owner or person in charge of the premises or property.
3.
It shall be unlawful for any person to discharge a BB gun or pellet gun in such a manner so as to injure, wound or damage the person or property, real or personal, of another; or in such direction that any projectile expelled strikes, hits, enters or goes through any vehicle, dwelling, residence, or other building; or from or across any street, sidewalk, road, highway, or any park except on a target or practice range.
(O. No. 17632, 7-6-95)
CHAPTER 616 COUNTY PARKS, PARKWAYS AND RECREATIONAL AREAS St. Louis County, Missouri Code of Ordinances
616.040 Wildlife Protection.
—1. No person unless authorized by law shall use, carry or possess any long bow, cross bow, sling shot, pistol, revolver, rifle, shotgun, air gun or any other weapon where a projectile is propelled by gunpowder, air, compressed air or springs in any County park except at shooting ranges authorized by the Department or with written permission from the Director.
SUGAR CREEK,
DIVISION 1. GENERALLY – Sugar Creek, Missouri – Code of Ordinances
Sec. 21-175. – Same—Discharge restricted.
Except as provided herein, it shall be unlawful for any person within the limits of the city to shoot or discharge any gun, revolver, air rifle or air gun, pistol or firearm of any description, whether the same is loaded with powder and ball or shot or with “blank” cartridges, or any kind of explosives whatsoever; provided that, nothing contained in this section shall apply to persons discharging firearms in the defense of person or property, nor to legally qualified sheriffs or police officers any other person whose bona fide duty is to execute process civil or criminal, make arrests or aid in conserving the public peace; nor to persons using explosives pursuant to authority granted by an express written permit from the city. Provided further that a duly licensed hunter may discharge a shotgun in the Liberty Bend Conservation Area of the Missouri Department of Conservation during appropriate hunting seasons, but in no event shall firearms firing single projectiles be used at any time by any hunter.
DIVISION 2. PROHIBITED ACTIVITIES – Sugar Creek, Missouri – Code of Ordinances
Sec. 22-41. – Firearms and other weapons.
No person, other than police officers or others authorized by law, shall use, carry or possess any long bow, cross bow or sling shot; pistol, revolver, rifle, shotgun, air-gun, spring gun or any other weapon in which the force used to propel projectiles is gun powder, air, compressed air, or springs, or any instrument that can be loaded with or fire blank cartridges on park property, except as authorized by the parks and recreation director. Provided however, that a duly licensed hunter may carry an unloaded shotgun or long bow through La Benite Park for the purpose of gaining access to the Liberty Bend Conservation Area of the Missouri Department of Conservation, and to engage in hunting legally authorized by the Missouri Department of Conservation. No hunter shall be permitted to carry or possess any single projectile firearm in La Benite Park at any time.
(Ord. No. 1973, § 2, 4-14-86; Ord. No. 2726, § 1, 1-23-02)
SUNSET HILLS,
ARTICLE I. IN GENERAL – Sunset Hills, Missouri – Code of Ordinances
Sec. 16-3. – Discharging firearms.
No person other than the police chief, police officers or other officer in the discharge of official duty shall discharge or fire any gun, pistol, pellet gun or firearms of any kind and description within the city except on rifle and pistol ranges licensed under this Code; nor shall any person, other than the police chief, police officers or other officer in the discharge of official duty, discharge any projectile weapon, including, but not limited to, any bow, cross bow, pellet gun, slingshot or other weapon that is not a firearm which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person within the city, except on rifle and pistol ranges licensed under this Code. Bows and bow-hunting will be permitted in accord with any Missouri Department of Conservation authorizations for managed deer population control on that portion of Powder Valley in the city limits.
(Ord. No. 258, § 19, 11-5-1963; Ord. No. 327, § 1, 10-4-1966; Ord. No. 878, § 1, 3-1-1988; Ord. No. 1790, § 1, 12-14-2010)
Sec. 16-4. – Concealed weapons.
No person shall carry any concealed deadly or dangerous weapon upon his person within the city unless authorized to do so by the city, the county or this state.
WARRENSBURG,
DIVISION 2. WEAPONS OFFENSES – Warrensburg, Missouri – Code of Ordinances
Editor’s note—
Ord. No. 3889, § 2, adopted Mar. 22, 2004, repealed the former § 14-117, and enacted a new § 14-117 as set out herein. The former § 14-117 pertained to discharge of firearms and air guns prohibited and derived from Code 1970, § 16-84.
State law reference— Municipal authority to prohibit carrying concealed weapons, RSMo 77.580.
Sec. 14-119. – Discharge of firearms and projectile weapons prohibited.
(a)
It shall be unlawful for any person to fire, shoot or discharge any weapon within the city except for law enforcement officers in the lawful performance of their duties, or upon the premises of a firing range operated by a governmental agency for that purpose.
(b)
As used in this section, “weapon” shall mean any object that discharges a projectile by means of explosive, air, or other mechanical means when such projectile is reasonably capable of causing death, bodily injury or damage to property.
(Ord. No. 4119, § 1, 4-24-06)
Webster Groves,
Chapter 70 – Offenses
State Air-Gun Law reference- Section 571.010 defines a projectile weapon as “any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.” These restrictions generally do not hamper ones right to possess a BB gun, although, it is considered illegal to be in possession of or to discharge a projectile weapon while intoxicated. The court also has the right to confiscate an air-gun owned by a gang member.
WEST PLAINS,
State Air-Gun Law reference- Section 571.010 defines a projectile weapon as “any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.” These restrictions generally do not hamper ones right to possess a BB gun, although, it is considered illegal to be in possession of or to discharge a projectile weapon while intoxicated. The court also has the right to confiscate an air-gun owned by a gang member.
MONTANA-
Montana has no laws regulating non-powder (e.g., BB and air-guns).
BAKER,
Chapter 9.52 AIR RIFLES – Baker, Montana – Code of Ordinances
Sections:
9.52.010 – Discharging air rifle or BB gun.
(a)
It is unlawful for any person, regardless of age, to discharge any air rifle, BB gun or similar instrument at any place within the city limits.
(b)
The provision set forth in subsection (a) shall not apply in those cases where air rifles or BB guns are being discharged under a supervised training program or under supervised competition under the sponsorship of the Boy Scouts of America, Cub Scouts, Webelos, or other similar organization wherein such activities are under the supervision and control of trained and qualified leaders and instructors in the use of air rifles or BB guns and in conjunction with a program being carried on for the instruction and competition involving air rifles or BB guns.
(Ord. 273, 1986; Ord. 156 §1, 1956).
9.52.020 – Gun taken outside home—Minor accompanied by parent.
It is unlawful for any person under the age of eighteen years to be in possession, outside of the confines of their home, within the limits of the city, of any air rifle, BB gun or similar instrument, unless said person shall be accompanied by one of their parents or a guardian.
(Ord. 156 §2, 1956).
9.52.030 – Violation.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. Any person over the legal age of majority who shall be convicted of violation of this chapter shall be punished as set forth in Section 1.01.110. Any minor violating the provisions of this act, shall be immediately placed in custody of the probation officer of Fallon County, Montana, to be dealt with according to his orders and the orders of the district judge of Fallon County, Montana. In all cases, in the event of any violation of this chapter, the air rifle, BB gun or similar instrument, shall be confiscated by the city police and disposed of at his discretion.
(Ord. 156 §3, 1956).
BILLINGS,
ARTICLE 18-200. WEAPONS Billings, Montana Code of Ordinances
Sec. 18-202. Possession of b-b guns, spring guns, slingshots, beanies.
(a)
Prohibition. No person within the city shall have within his or her possession, except within his or her own domicile, or carry or use any air gun, “b-b” gun, gas operated gun or spring gun, or any instrument, toy, or weapon commonly known as a “pea shooter,” “slingshot,” or “beanie,” or any instrument made for the purpose of throwing or projecting missiles of any kind by any means whatsoever except those described in section 18-201, whether such instrument is called by any name set forth in this subsection, or by any other name. The prohibition of this section shall not apply to the possession of an unloaded “b-b” gun, gas operated gun or spring gun by a person, in the daylight hours, when going from his domicile to a point outside the city or returning from a point outside the city to his domicile. Nothing contained in this section shall prevent a person from using such instrument in the lawful defense of his or her person, property or family.
(b)
Forfeiture of weapons. Every person convicted of a violation of subsection (a) shall forfeit to the city the weapons or instruments so involved in the violation of this section.
(c)
Disposition of confiscated weapons. Every police officer, upon making any arrest and taking weapons used in violation of subsection (a) shall deliver the same to the city judge to be held by him or her until the final determination of the prosecution of the offense. Upon the finding of guilt, it shall then be the duty of the judge to cause the weapons to be delivered to the city administrator who shall make disposition of the weapons.
(Code 1967, §10.44.020)
Sec. 18-203. Sale or transfer of “b-b” guns, spring guns, slingshots, beanies, to persons under eighteen years of age.
(a)
It is unlawful for any person engaged in the business of selling or renting, to sell, lend, rent, give or otherwise transfer an air-gun, “b-b” gun, gas operated gun or spring gun, or any instrument, toy or weapon, commonly known as a “pea shooter,” “slingshot” or “beanie” to any person under the age of eighteen (18) years where the dealer knows or has reasonable cause to believe the person to be under eighteen (18) years of age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under eighteen (18) years of age.
(b)
It is unlawful for any person to give, lend or otherwise transfer any air-gun, “b-b” gun, gas operated gun or spring gun, or any instrument, toy or weapon, commonly known as a “pea shooter,” “slingshot” or “beanie,” to any person under eighteen (18) years of age except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the person under eighteen (18) years of age.
(Code 1967, § 10.44.030)
BOZEMAN,
DIVISION 2. WEAPONS
Sec. 24.07.150. Discharge of air-guns prohibited when.
No person shall, within the limits of the city, shoot or discharge any toy air pistol or rifle shooting lead shot, or missile of metal, wood or other hard substance.
(Code 1982, § 9.90.010)
ARTICLE 2. PARK REGULATIONS Bozeman, Montana Code of Ordinances
Sec. 26.02.030. Park prohibitions.
A.
It is unlawful for any person in a park or in or adjacent to a recreational facility to:
18.
Bring or discharge any firearm, air gun, bow and arrow, slingshot, atlatl, spear, boomerang or any other form of potentially dangerous weapon into a park or recreational facility (see section 24.07.170);
BUTTE-SILVER BOW,
Chapter 9.24 WEAPONS – Butte-Silver Bow County, Montana – Code of Ordinances
9.24.030 – Definitions.
In this chapter the following definitions shall apply:
A.
“Air gun” means an instrument used in the propulsion of projectiles by the action of compressed gas or spring
E.
“Firearm” means an instrument used in the propulsion of pellets, shot, shell or bullets by the action of gunpowder, air, springs, carbon dioxide or any other gas which operates a gun, rifle or pistol.
I.
“Temporary shooting range” means a public or private area, place or location, either enclosed or outdoors, that is in operation for a period of seven days or less and at which air guns are discharged at targets and which is designed so that projectiles fired at targets are prevented by means of backstops or other barriers, either natural or manmade, from going beyond the boundaries of the area, place or location.
(Ord. 98-14 1, 1998; Ord. 310 3, 1987)
(Ord. No. 11-6, § 1, 8-17-2011)
9.24.050 – Exceptions.
The provisions of this chapter shall not apply to:
A.
A peace officer in the performance of his duty;
B.
Any person discharging firearms or bows and arrows within a shooting range if the shooting range has been approved by the council of commissioners;
C.
Any person whose discharge of an air gun within a temporary shooting range that has been approved by the Butte-Silver Bow Law Enforcement Department.
D.
Any person whose discharge of a firearm or bow and arrow is justified in defense of life or property under Title 45, Chapter 3, Part 1, Montana Code Annotated.
(Ord. 310 5, 1987)
(Ord. No. 11-6, § 2, 8-17-2011)
9.24.060 – Approval and design of shooting ranges—Issuance of shooting range and temporary shooting range permits.
The provisions of this title shall not apply to:
A.
Firearms, air guns, or bows and arrows may be discharged within shooting ranges located within the regulated area described in Section 9.24.030 or in a private dwelling if a permit for the shooting range is approved by the council of commissioners.
B.
Air guns or bows and arrows may be discharged within temporary shooting ranges located within the regulated area described in Section 9.24.030 or in a private dwelling if a permit for the temporary shooting range is approved by the Butte-Silver Bow Law Enforcement Department.
(Ord. 310 7, 1987)
9.24.080 – Penalty—Jurisdiction.
Any person convicted of any violation of the provisions of this chapter for the offense of unauthorized discharge of firearms or bows and arrows within the regulated area defined in Section 9.24.030 of this chapter shall be guilty of a misdemeanor and shall be fined not to exceed five hundred dollars or imprisoned in the county jail for a term not to exceed six months, or both. Jurisdiction for such violations shall be in the city court of Butte-Silver Bow.
(Ord. 310 8, 1987)
Chapter 9.28 CARRYING OF WEAPONS OR EXPLOSIVE DEVICES ON CERTAIN PUBLIC PROPERTY REGULATED – Butte-Silver Bow County, Montana –
9.28.030 – Definitions.
The following terms shall have the following meanings in this chapter:
G.
“Weapon” means any handgun, rifle, shotgun, machine gun, air rifle, slingshot, sword cane, billy, knuckles made of any metal or hard substance, knife with a blade four inches long or longer, razor, not including a safety razor, or other deadly weapon.
GREAT FALLS,
Montana has no laws regulating non-powder (i.e., BB and air-guns.)
HAMILTON,
Chapter 9.32 WEAPONS – Hamilton, Montana – Code of Ordinances
9.32.010 – Firearms.
A.
The word “firearms” shall include and mean any instrument or device which uses the explosive action of gun powder, compressed air, or the power of springs, which shall include air-guns, BB guns, and all manner of what is commonly known as firearms.
B.
Discharge of firearms.
1.
It is unlawful for any person, firm or corporation to discharge firearms as described above, or any other description, within the limits of the city, or on any premises owned or controlled by the city, provided however, this shall not apply to the city police, or other peace officers of the United States or the State of Montana in the discharge of their duty, nor shall it apply to authorized military funerals, or Memorial Day exercises, nor to any special permit when issued by the city.
2.
The city is empowered to issue permits, in its discretion, to gun clubs, exhibitions or other shooting, and such permit shall specify the place, time, date or dates and any other requirements which the council may deem necessary.
C.
Permit fees. The council may make a charge for any such permit as they may deem expedient, but not more than one dollar ($1.00) per day.
(Ord. 131 (part), 1998: prior code § 9.06.100)
Chapter 12.20 CITY PARKS – Hamilton, Montana – Code of Ordinances
12.20.020 – Firearms and other weapons prohibited.
It is unlawful for any person to possess or use any type of weapon, bow and arrow, air gun or firearm as defined in Section 9.32.010 of the Hamilton Municipal Code within the boundaries of any city park or to possess or use any similar type weapon or instrument within a city park.
(Ord. No. 329, Ext. A, 5-19-09)
12.20.045 – Violation—Penalty.
Any person violating any of the provisions of this chapter shall be liable to the penalties as provided by Chapter 1.28 of this Code.
LIBBY,
Montana has no laws regulating non-powder (i.e., BB and air-guns).
MILES CITY,
ARTICLE I. IN GENERAL – Miles City, Montana – Code of Ordinances
Sec. 16-45. – Carrying weapon in prohibited place.
(a)
It is unlawful for any person to purposely or knowingly carry, concealed or unconcealed, any dirk, dagger, pistol, revolver, BB gun, air or pellet gun, slingshot, sword, sword cane, billy, knuckles made of any metal or hard substance, knife having a blade four inches long or longer, razor, not including a safety razor, or other deadly weapon in the following places:
(1)
In a publicly owned building within the city limits;
(2)
In a park within the city, unless such person has a concealed weapon permit (CWP) valid in the State of Montana;
(3)
In a school within the city limits.
ROUNDUP,
Chapter 18 OFFENSES AND MISCELLANEOUS PROVISIONS – Roundup, Montana – Code of Ordinances
Sec. 18-5. – Slingshots, spring or air rifles.
Any person who, within the city limits, carries concealed upon his person, or who shall attempt to fire or discharge or who shall fire or discharge any slingshot, spring or air rifle, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with section 1-10.
Stevensville,
Montana has no laws regulating non-powder (i.e., BB and air-guns).
Nebraska-
Nebraska has no laws regulating non-powder (i.e., BB and air-guns).
Alliance,
ARTICLE III. OFFENSES INVOLVING PUBLIC SAFETY – Alliance, Nebraska – Code of Ordinances
Sec. 22-49. Possession of firearms and dangerous weapons in city facilities or on city real estate.
Dangerous weapon means any firearm, stun gun, knife, switchblade knife, any gun which releases any propelled object by spring mechanism, compressed air or compressed gas, or any other instrument the use of which is intended or likely to cause death or bodily injury.
Sec. 22-50. Discharge of firearms; act unlawful; exception.
It is unlawful for any person, except a law enforcement officer in the performance of his duties, or a person designated by the city manager or designee to enact the waterfowl management policy, to fire or discharge a revolver or pistol of any description, shotgun, rifle, air gun, gas-operated gun, spring gun or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever within the city limits, whether such instrument is called by any name set forth herein or by any other name; provided, however, nothing in this section shall prevent the use of any such weapon in a city-approved shooting gallery. This section shall not prohibit the discharge of firearms by:
(1)
Persons exercising the right of self-defense or defense of others;
(2)
Members of the armed forces of the United States or the national guard when performing official duties.
(Code 1986, § 6-401; Ord. No. 2672, 2-3-2011)
State law reference— Discharge of firearms, R.R.S. 1943, §§ 28-1212.01, 28-1212.02, 28-1212.04.
BEATRICE,
ARTICLE V. OFFENSES AGAINST PUBLIC SAFETY – Beatrice, Nebraska – Code of Ordinances
Sec. 17-112. – Discharge of weapons.
It shall be unlawful to discharge any firearm or air-gun, BB gun, slingshot, toy gun, bow and arrow, or any other air, gas or spring operated gun, weapon, apparatus or instrument for the purpose of throwing or projecting lead or any missiles within this city, except in a regularly established shooting gallery; provided, that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, to prohibit any citizen from discharging a firearm when lawfully defending a person or property, nor to prohibit the operation of any range supervised and maintained by the state or any political subdivision thereof, when it is connected with an educational or training program and upon property owned or leased by the state or a subdivision or agency thereof.
(Code 1971, § 23-60; Ord. No. 88-42, § 1, 11-7-88)
State law reference— Authority of city to prevent discharge of firearms, R.R.S. 1943, § 16-227.
BELLEVUE,
ARTICLE I. IN GENERAL Bellevue, Nebraska Code of Ordinances
Sec. 20-8. Discharge of firearms or dangerous missiles
(b)
Except as permitted pursuant to the provisions of subsection (a) of this section, and except for any school sponsored training and bona fide businesses selling such arms or missiles where a supervised firing or gunnery range is located on the premises, no person shall discharge or cause to be discharged any toy pistol, toy gun, toy cannon, air gun or other arm or arms, blank cartridge, or slingshot, loaded with rock or leadened, or other dangerous missiles at any time or under any circumstances within the city; provided, that nothing in this section shall prevent the city council from approving a waiver for hunting deer within the city using a bow and arrow or crossbow, and further provided that an application for said waiver has been satisfactorily completed on a form provided by the city clerk’s office.
(Ord. No. 2199, § 1, 4-12-1982; Ord. No. 3038, § 1, 12-13-1999; Ord. No. 3531, § 1, 9-14-2009; Ord. No. 3697, § 1, 1-22-2013)
Editor’s note—
Ord. No. 2199, enacted April 12, 1982, did not expressly amend this Code; therefore, inclusion of section 1, as section 20-8, was at the editor’s discretion.
Crawford,
Section 2-114: Carrying Concealed Weapons;
Discharging Firearms, Etc., Prohibited
It shall be unlawful for any person, except a police officer in the performance of
his/her duties, to carry any dangerous weapons concealed on or about his/her
person, his/her automobile or elsewhere, or to discharge any firearms, air-gun or
slingshot loaded with rock or other dangerous missiles, within this city; provided,
this section shall not apply to shooting galleries or other private shooting ranges
within buildings or other structures approved by the mayor and City Council.
(Ref. Neb. Rev. Stat. §28-1202)
LEXINGTON,
Nebraska has no laws regulating non-powder (i.e., BB and air-guns).
MINDEN,
Nebraska has no laws regulating non-powder (i.e., BB and air-guns).
NEBRASKA CITY,
ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY – Nebraska City, Nebraska – Code of Ordinances
(Code 1938, Ch. 11, Art 5(d), § 1)
Sec. 24-88. – Air guns, dangerous missiles.
It shall be unlawful for any person to discharge, or cause to be discharged, any toy pistol, toy gun, air gun, bow and arrow, blank cartridge, revolver or any other arm or arms, or slingshot loaded with rock or leaden or other dangerous missiles, at any time or under any circumstances, within this city.
(Code 1938, Ch. 11, Art. 5(d), § 2)
Norfolk,
Sec. 14-237. Carrying concealed weapons.
(a) Except as provided in subsection (b) of this section, any person who carries a
weapon concealed on or about his person such as a revolver, pistol, firearm, bowie knife, dirk or
knife with a blade attachment, brass or iron knuckles, or any other deadly weapon, commits the
offense of carrying concealed weapons.
(b) It shall be an affirmative defense that the defendant was engaged in any lawful
business, calling or employment at the time he was carrying any weapon, and the circumstances
in which such person was placed at the time were such as to justify a prudent person in carrying
the weapon, for the defense of his person, property or family.
(c) Wherever the term “firearm” is used in this section, the term shall mean any
instrument used for the propulsion of shot, shell or bullets or other harmful objects by the action
of gunpowder exploded within it, or by the action of compressed air within it, or by the power of
springs and including what are commonly known as air rifles and B-B guns and shall also
include sling shots, wrist rockets and bows and arrows, the latter having a pull in excess of
twenty (20) pounds. (Code 1962, § 6-8-2; Ord. No. 4749, § 1, 7-19-04)
State law reference–Similar provisions, R.R.S. 1943, 28-1202.
Omaha,
Sec. 20-195. Possession or transportation of firearms.
(a) It shall be unlawful for any person to knowingly or purposely transport in any conveyance
or in any other manner, or to possess off his own premises, any rifle, shotgun, air gun, air rifle,
paint ball gun or machine gun unless the same is unloaded and contained in any enclosed gun
case, or unloaded and broken down. The removal of the bolt from any such firearm or carrying
the same in a holster type gun case without further breaking down such firearm shall not be
deemed to be in compliance with the requirements of this section.
SOUTH SIOUX CITY,
ARTICLE IX. WEAPONS – South Sioux City, Nebraska – Code of Ordinances
Sec. 66-378. – Slingshots, air-guns, BB guns.
It shall be unlawful for any person to discharge a slingshot, air-gun, BB gun, or the like loaded with rock or other dangerous missiles at any time or under any circumstances within the city.
(Code 1975, § 6-321)
YORK,
ARTICLE III. OFFENSES AGAINST PERSON, PROPERTY AND PUBLIC PEACE – York, Nebraska – Code of Ordinances
Sec. 24-47. – Air guns, dangerous missiles.
It shall be unlawful for any person to discharge, or cause to be discharged, any toy pistol, toy gun, air gun, blank cartridge, revolver or any other arm or arms, or any slingshot loaded with rock or leaden or other dangerous missiles, at any time or under any circumstances, within the city.
(Ord. No. 1368, 3-15-79)
Nevada-
Nevada state law NRS 202.290 states that firing an airsoft gun in a public place is illegal, as well as endangering any person by firing an airsoft gun.
NRS 202.290 Aiming firearm at human being; discharging weapon where person might be endangered; penalty. Unless a greater penalty is provided in NRS 202.287, a person who willfully:
1. Aims any gun, pistol, revolver or other firearm, whether loaded or not, at or toward any human being; or
2. Discharges any firearm, air gun or other weapon, or throws any deadly missile in a public place or in any place where any person might be endangered thereby, although an injury does not result,
Ê is guilty of a gross misdemeanor.
[1911 C&P § 344; RL § 6609; NCL § 10292]—(NRS A 1989, 820, 1240, 1243)
CARSON CITY,
Chapter 8.12 FIREARMS – Carson City, Nevada – Code of Ordinances
8.12.010 – Discharge of firearms unlawful.
1.
It is unlawful for any person to fire off or discharge:
a.
Any gun, rifle, pistol or other firearm, with the exception of shotguns, air rifles and B-B guns, within five thousand feet (5,000&prime) of any dwelling, building or other place of public resort within Carson City;
b.
Any shotgun, air rifle or B-B gun within one thousand feet (1,000&prime) of any dwelling, building or any other place of public resort within Carson City;
c.
Any gun, pistol, rifle, shotgun, air rifle, B-B gun or other firearm in, on or across any public road or highway;
d.
Any gun, rifle, pistol, shotgun, air rifle or other firearm, without exception, within five thousand feet (5,000&prime) of the Carson River in the area between Deer Run Road Bridge and the McTarnahan Bridge site;
e.
Any gun, rifle, pistol or other firearm, with the exception of shotguns, air rifles and B-B guns, within five thousand feet (5,000&prime) of the Carson River in the area between the McTarnahan Bridge site and the Douglas County line; provided, however, that the other limitations of subsections (a) and (b) shall apply to discharge of firearms within this area.
2.
It is unlawful for any person to discharge rifled slugs from a shotgun within five thousand feet (5,000&prime) of any dwelling, building or other place of public resort within Carson City.
3.
This section does not apply to peace officers or to persons shooting in any regularly established and lawfully authorized and licensed rifle range, gun club or shooting gallery or to any person lawfully discharging a firearm in protection of life or property.
(Ord. 1995-44 § 1, 1995: Ord. 1993-31 § 1, 1993: Ord. 1993-2 § 1, 1993: Ord. 1985-8 § 1, 1985: Ord. 1973-37 (part), 1973).
CLARK COUNTY,
Chapter 12.04 FIREARMS AND AIR GUNS Clark County, Nevada Code of Ordinances
Chapter 12.04 FIREARMS AND AIR GUNS
12.04.230 Discharging unlawful—Exceptions.
It is unlawful to willfully discharge any pistol, firearm, air gun, musket or instrument of any kind, character or description which throws a bullet or missile of any kind for any distance by means of the elastic force of air or any explosive substance within that area legally described below and depicted by the shaded areas on the map labeled Attachment A, adopted herewith as signed and dated by the chairman of the board of county commissioners and available for public inspection in the commission division office of the county clerk. The areas in the county where it is unlawful to willfully discharge a firearm, excluding shooting ranges, or a sanctioned event by federal, state, county or an incorporated city currently licensed by business license, are generally located within the entire unincorporated towns of Whitney, Paradise, Spring Valley, Sunrise Manor[,] and Winchester [and Goodsprings], the urbanized areas of Lone Mountain and Enterprise, Goodsprings, Sandy Valley, Blue Diamond, Calico Basin, the area south of State Route 157 in Section 1 and all of Section 12, Township 19 South, Range 59 East, the proposed Apex Heavy Industry Zone, Las Vegas Dunes Recreation Area, the Sunrise Mountain Natural Area, Rainbow Gardens and the River Mountain area between Henderson and the Lake Mead Recreation Area north of Boulder Highway.
FALLON,
HENDERSON,
Chapter 8.99 PARKS AND RECREATION Henderson, Nevada Code of Ordinances
8.99.030 Rules and regulations regarding use of parks and park facilities
M.
Weapons. No firearms, archery, paint ball weapons, air guns, BB guns, or like devices shall be allowed in a park or park facility, unless part of a city-sponsored program or allowed through a park reservation pursuant to HMC [section] 8.99.030(C).
LAS VEGAS,
CHAPTER 10.72 DISCHARGING IN CITY Las Vegas, Nevada Code of Ordinances
10.72.010 Limited to galleries.
It shall be unlawful within the City limits, except in a regular licensed shooting gallery to willfully discharge any pistol, firearm, air gun, musket, or instrument of any kind, character or description which throws a bullet or missiles for any distance by means of the elastic force of air or any explosive substance.
(Ord. 39 § 1, 1913: prior code § 6-3-8)
CHAPTER 13.04 USE OF STREETS AND SIDEWALKS Las Vegas, Nevada Code of Ordinances
13.04.050 Playing—Throwing or shooting missiles.
It shall be unlawful for any person to play at a game of ball or in any other game, or practice at passing or hitting a ball, upon any sidewalk, street, or public alley, except as may be allowed on “play streets” declared such under the provisions of Title 11. It shall be unlawful for any person to throw stones or use a sling, or discharge gravel, marbles or anything out of a sling shooter, blow gun, air gun or other device or implement of like kind or character, on any sidewalk, street, or public alley in the City.
(Ord. 1949 code Ch. 32 § 7: prior code § 9-1-7)
NORTH LAS VEGAS,
Chapter 9.32 WEAPONS GENERALLY North Las Vegas, Nevada Code of Ordinances
9.32.120 Air rifle or pellet gun restricted.
It is unlawful for any person to use an air rifle or pellet gun within five hundred (500) feet of any inhabited dwelling in the city of North Las Vegas.
(Prior code § 7.22.120)
RENO,
ARTICLE III. REGULATION OF PARKS AND RECREATION FACILITIES Reno, Nevada Administrative Code
Sec. 8.23.140. Carrying dangerous weapons.
Any person in possession of a dangerous knife or dangerous weapon during his commission of a violation of any section of this chapter shall be guilty of a misdemeanor.
(a)
Dangerous knife means a knife having a blade that is two inches or more in length from the tip of the knife which is customarily sharpened to the unsharpened extension of the blade which forms the hinge connecting the blade to the handle.
(b)
Dangerous weapon means any explosive or incendiary device as defined in NRS 202.260, a switchblade knife, nunchaku or trefoil as defined by NRS 202.350, a blackjack, billy club or metal knuckles.
(c)
No archery, paint ball weapons, air guns, BB guns, or like devices shall be allowed in a park or recreation facility.
(Ord. No. 5652, § 1, 2-9-05; Ord. No. 6217, § 1, 1-18-12)
SPARKS,
Chapter 9.66 DISCHARGING GUNS Sparks, Nevada Code of Ordinances
Section 9.66.010 Discharging B-B guns.
It is unlawful for any person to discharge any B-B gun, air rifle, air pistol, pellet rifle, pellet pistol or other weapon of a similar nature in the city except by authority granted by the police department of the city.
(Ord. 769 § 1, 1969: 1962 Code § 25.072.5.)
WINNEMUCCA,
Nevada state law NRS 202.290 states that firing an airsoft gun in a public place is illegal, as well as endangering any person by firing an airsoft gun.
New Hampshire-
Any student in New Hampshire who possesses a pellet or BB gun, rifle, or paint ball gun in a safe school zone (any school property or school bus) may be expelled by the local school board. The student may not attend school until restored by the local board.1 New Hampshire does not otherwise regulate non-powder guns.
N.H. Rev. Stat. Ann. § 193:13; see section 193-D:1 (defining school zone to include any school property or school bus).
CLAREMONT,
no air-gun restrictions by ordinance.
CONCORD,
ARTICLE 14-3 USE OF AIR RIFLES Concord, New Hampshire Code of Ordinances
14-3-1 Regulations.
No persons shall, within the compact part of the City of Concord, fire or discharge an air gun, B-B gun, gas-operated gun or spring gun.
(4-13-81)
14-3-2 Definitions.
Compact Part of City. The compact part of the City shall be that part of the City zoned other than County District (RD) or Agricultural District (RE).
KEENE,
ARTICLE III. FIREARMS AND OTHER WEAPONS Keene, New Hampshire Code of Ordinances
Sec. 66-61. Prohibitions.
(a)
It shall be unlawful for any person to fire or discharge any cannon, gun, pistol, or other firearm within the compact area of the city, whether the weapon is activated by gunpowder, compressed air, carbon dioxide or any other means. The compact area shall be defined as the residential, commerce, industrial, industrial park, industrial park limited, and central business districts.
(b)
No person shall discharge a rifle, shotgun, handgun, cannon or other similar weapon on any land owned by the city, within the geographic limits of the city, without the approval of the city council.
(c)
Hunting is allowed with the permission of the landowner and within the regulations of state statutes in the rural, conservation and agricultural zones of the city; provided, however, that the hunter discharges the weapon in a direction away from a person, building, vehicle or domestic animal.
(Code 1970, §§ 1608.1, 1903.2)
Sec. 66-62. Exceptions to section 66-61.
(a)
Discharging firearms for target practice shall be permitted in the rural, conservation and agricultural zones in areas at least 300 feet from any buildings, vehicles or structures. Shooting areas must have the approval of the police chief in any district in the city.
(b)
Target ranges may be approved by the police chief subject to rules and regulations approved by the city council. Such ranges can be either indoor or outdoor and shall comply with all other city or state laws and regulations. This subsection does not apply to a landowner target shooting on his own property, but is intended to cover ranges open to the public or members of an organized group, club or association.
(Code 1970, § 1608.2)
MEREDITH,
no air-gun restrictions by ordinance.
New Jersey-
NOTE: When considering New Jersey State Air-Gun Laws you must consider the legal terms for the definition under State law that applies to “Air-Guns” and the definition of an air-gun. Under State “Air-Gun Laws, firearms laws specifically do apply to the possession, transfer & use as well.
1.N.J. Stat. Ann. § 2C:39-1f defines firearm to include “without limitation, any…air gun…or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.”
2.N.J. Stat. Ann. §§ 2C:39-5b, 2C:39-6e.
New Jersey Air-Gun laws are quite precariously mapped out under State law, here’s what we, as the authors of this book found in reference to the current New Jersey State BB, Pellet and compressed-gas guns:
NEW JERSEY ADMINISTRATIVE CODE
TITLE 13. LAW AND PUBLIC SAFETY
CHAPTER 54. FIREARMS AND WEAPONS
AUTHORITY
N.J.S.A. 2C:39-1 et seq. and 2C:58-1 et seq.; as to N.J.A.C. 13:54-1.15, N.J.S.A. 47:1A-2 and Executive Order No. 9
(Gov. Richard J Hughes, September 30, 1963).
SOURCE AND EFFECTIVE DATE
R.2002 d.183, effective May 17, 2002. See: 34 N.J.R. 211(a), 34 N.J.R. 2136(a).
SUBCHAPTER 1. FIREARMS IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN
13:54-1.1 Firearms purchaser identification cards and permits to purchase handguns
This subchapter prescribes the requirements and procedures for the issuance of firearms purchaser identification cards, permits to purchase handguns and the general rules for holders of such permits and identification cards.
13:54-1.2 Definitions
The words and terms used in this chapter shall have the following meanings:
“Ammunition” means various projectiles, including bullets, missiles, slugs or balls together with fuses, propelling charges and primers that may be fired, ejected, projected, released, or emitted from firearms or weapons. “Firearm or firearms” means any handgun, rifle, shotgun, machine gun, assault firearm, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectile, ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any
firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas, or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. f. “Firearm” means any handgun, rifle, shotgun, machine gun, automatic or semiautomatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or
other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with
sufficient force to injure a person.
BB, Pellet & black powder weapons Permit required:
A Permit to Purchase a Handgun must be completed on each handgun transferred in this state. It is the responsibility of the seller of the handgun to ascertain that the buyer has a valid Permit to Purchase a Handgun and one additional form of identification. The information on the Handgun Purchase Permit must match the identification of the transferor. (i.e., name address, DOB, sex, etc.) The permit must be completed by the seller and buyer. It is the responsibility of the seller to forward the copies to the appropriate authority. Instructions are printed on the permit.
Local Firearms Ordinances
The following counties and cities have regulations concerning the use and transportation of firearms. The number or numbers following that County name indicate the regulations listed below for that particular county. In addition, certain counties have ordinances other than those listed, primarily pertaining to possession of firearms near parks or schools, hunting or discharging firearms near populated areas, residences,
or buildings, and age limitations for possession of loaded firearms on public roads. If a locality is not listed, state firearms restrictions apply;
Accomack 43
Albemarle 16, 54
Amherst 18
Arlington 59
Buckingham 12, 60
Caroline 6, 17
Campbell 11
Charles City 7, 33, 42
Chesapeake 29, 46
Chesterfield 7, 14, 21, 22, 37, 54, 70
Clarke 25, 54
Culpeper 18, 22, 54
Cumberland 5, 17, 27, 74
Danville 54
Dinwiddie 12, 13, 38
Essex 7, 42, 49
Fairfax 2, 25, 45
Fauquier 14, 18, 22, 36, 37, 54
Franklin 26
Fredericksburg (city) 2, 18, 30, 51, 54, 64
Gate City 55
Gloucester 14
Goochland 9, 10, 23, 33, 77
Greensville 15, 22
Halifax 33, 61, 75
Hampton (city) 31, 45
Hanover 7, 20, 46, 53
Isle of Wight 8, 12, 35
James City 40, 54
King and Queen 39, 42
King George 6, 17, 22, 26, 54
King William 17, 18, 28
Lancaster 6, 12, 26
Loudoun 18, 22, 54, 62, 63, 64, 65
Louisa 17, 27, 68
Lunenburg 17
Madison 22, 25, 54
Mecklenburg 27
Middlesex 26
Nelson 22
New Kent 8, 12, 25, 54
Newport News 1
Northampton 7, 53
Northumberland 17, 26, 42, 54
Orange 18, 22, 34
Petersburg 54
Pittsylvania 26
Poquoson (city) 22, 69, 71, 72
Prince George 4, 7, 32, 43
Prince William 2, 12, 18
Rappahannock 18
Richmond 7, 66, 67, 68
Richmond (city) 54
Roanoke 25, 54, 64, 77, 79
Southampton 3, 8, 19, 41, 80
Stafford 81, 82
Suffolk 44, 52, 76
Surry 7, 53, 54
Sussex 7, 48, 73
Virginia Beach 2, 7, 54, 56, 57, 58
Warren 54
Westmoreland 50
Williamsburg 1, 54
York 46, 47
1. No discharge of firearms except on
approved ranges.
2. No rifles larger than .22 for hunting.
3. It is unlawful to hunt with a muzzle loading
shotgun loaded with slugs or sabot
slugs.
4. Deer hunting with a rifle of a caliber
larger than .22 rim fire is prohibited in
the county. However, hunting of
groundhogs with a rifle of a caliber larger
than a .22 rim fire between March 1
and August 31 is permitted , and a rifle
of a caliber larger than a .22 rim fire may
be used for hunting all other game,
bird, and varmint species as allowed by
state law and regulations. Deer hunting
with a shotgun loaded with slugs is permitted
so long as such hunting is conducted
from a stand located at least ten
feet in elevation above the ground.
5. It is lawful to hunt groundhogs with
rifles of a caliber larger than .22 rim fire
during the season between March 1
and August 31.
6. No rifles larger than .22 for hunting
except groundhogs outside of the
regular hunting season.
7. No rifles for deer hunting.
8. No rifles for big game hunting.
9. It shall be unlawful to hunt in the
county with a rifle, pistol, or revolver of
a caliber larger than .22 caliber or with a
shotgun loaded with slugs, except that
rifles of a larger caliber and pistols or
revolvers firing cartridges rated in
manufacturers’ tables at 350 foot
pounds of energy or greater may be
used to hunt from a stand elevated at
least 10 feet from the ground, provided
that no cartridge shall be used with a
bullet of less than .23 caliber.
10. It shall be unlawful to have in immediate
possession any hunting firearm
other than a muzzle loading rifle while
hunting with a muzzle loading rifle
during the early muzzleloader season.
11. It shall be unlawful to hunt with a
firearm on or within the ditch line of any
primary or secondary highway.
12. It is lawful to use muzzle loading rifles
for game animals in the regular hunting
season.
13. It is lawful to hunt deer with muzzle loading
rifles only from stands elevated
10 feet.
14. It is unlawful to hunt from the road with
firearms.
15. It is unlawful to hunt with firearms from
the road and within 10 feet of the ditch
bank.
16. It is unlawful to hunt within 100 feet of
the road.
17. Muzzle loading rifles are permitted
during any authorized deer season
where firearms are permitted.
18. It is unlawful to hunt with a firearm
within 100 yards of a road.
19. It is unlawful to transport, possess or
carry a loaded rifle in any vehicle while
on the road from October 1 through
February 15.
20. It shall be unlawful to discharge or
shoot any firearm or other weapon in or
along any public road or street or within
100 yards thereof or within 100 yards of
any building occupied or used as a
dwelling or place where the public gathers,
not his own dwelling or residence.
21. Except for target shooting, no person
shall shoot an arrow from a bow with a
peak draw weight of 10 pounds or more
within 150 feet of a business, public
building, public gathering, public meeting
place, or dwelling of another unless they have the permission of the
dwelling owner or occupant.
22. It is unlawful to possess a loaded
firearm on the road except when
permission to hunt is obtained from
landowners on each side.
23. It is unlawful to transport, possess, or
carry a loaded shotgun or loaded rifle in
any vehicle on any public street, road, or
highway within the county during the
time between sunset and sunrise.
24. No rifles over .22 caliber for hunting
except for groundhogs between
March 1 and August 31.
25. No hunting with firearms of game
species from within 100 yds. of a road.
26. No hunting with firearms of any game
animal from the road right-of-way.
27. No hunting with firearms from the road
including ditch to ditch.
28. No hunting with a rifle larger than .22
caliber during the deer season.
29. When 100 yds. from a road and elevated
from a stand 15 ft. above ground a
rifle may be used to hunt big game east
of the Dismal Swamp line.
30. It shall be unlawful for any person to
hunt any bird or game animal using a
muzzle loading rifle or a shotgun loaded
with slugs, except from a stand elevated
at least 10 feet above the ground.
31. All hunting within the City of Hampton
is prohibited, with the exception of
shotgun hunting from a licensed blind.
No shot larger than 00 buckshot may be
used, and no shot shall be discharged
landward within 500 feet of the
shoreline.
32. It is lawful to hunt deer with muzzle loading
rifles only from stands elevated
at least 10 feet above the ground; however,
this requirement shall be expressly
inapplicable to all legally handicapped
persons.
33. The use of a muzzle loading rifle shall be
permitted during the early muzzle loading
season and during the entire regular
firearms season for deer hunting.
34. It is unlawful to transport or possess a
loaded shotgun or rifle in a vehicle on a
road during open deer season.
35. It shall be unlawful to possess outside of
a vehicle, or shoot or hunt with a rifle,
muzzleloader, pistol, or shotgun loaded
with slugs, or to possess shotgun slugs
on Ragged Island Wildlife Management
Area in Isle of Wight County. In addition,
it shall be unlawful to discharge any
firearm within 100 yards of the boardwalk
or nature trail on Ragged Island
Wildlife Management Area.
36. It is unlawful to discharge a firearm
from or across any sidewalk, highway or
on public land.
37. It is unlawful for minors to carry
firearms on public highways or public
lands unless accompanied by certain
adults.
38. It shall be unlawful to use a rifle of a caliber
larger than .22 rim fire except that
groundhogs may be hunted with a rifle
of a caliber larger than .22 rim fire
between March 1 and August 31 and
coyotes may be hunted for the entire
year.
39. It shall be lawful to use muzzle loading
rifles for deer and squirrels during the
regular seasons.
40. It shall be unlawful to discharge a rifle
larger than .22 caliber, a muzzleloader
larger than .36 caliber, or a shotgun
loaded with slugs except from stands
elevated at least 10 feet above the
ground, except for groundhogs in
certain areas between March 1 and
September 1.
41. It shall be unlawful to hunt with a
muzzle loading rifle at any time.
42. It shall be unlawful to use a rifle of a caliber
larger than .22 rim fire except that
groundhogs may be hunted with a rifle
of a caliber larger than .22 rim fire
between March 1 and August 31.
43. It shall be unlawful to hunt with a
firearm on or within 50 feet of the
center of any primary and secondary
highway.
44. Rifles are permitted for bear and deer
hunting when used from stands elevated
at least 15 feet above the ground
(except legally handicapped hunters are
exempt from tree stand requirements).
45. All rifles, pistols, or shotguns loaded
with slugs are prohibited for any
hunting.
46. Discharging firearms or air-operated or
gas-operated weapons prohibited within
certain areas: check local county/city
ordinances.
47. No discharge of rifles larger than .22
except on approved ranges.
48. Muzzle loading rifles are permitted
during the special muzzle loading
season.
49. Muzzle loading rifles are permitted
during any authorized firearms season
for the hunting of game animals except
for the hunting of turkeys during the
spring gobbler season.
50. It shall be unlawful for any person to
hunt in the county with a shotgun
loaded with slugs or a muzzle loading
rifle other than during the prescribed
open season for the hunting of big game
species or with a rifle of a caliber larger
than .22 caliber.
51. It shall be unlawful to shoot an arrow
from a bow in a manner that can be
reasonably expected to result in the
impact of the arrow upon the property
of another without permission from the
owner or tenant of such property.
52. It shall be unlawful to discharge a
firearm or air gun of .177 caliber or larger
within any densely populated area:
within 200 yards from any structure or
within 100 yards from any public street,
secondary road, or highway within the
city, except on a permitted firing range
or at or upon the property of another
without permission.
53. It is lawful to hunt deer with muzzle loading
rifles.
54. It is unlawful to transport, possess, or
carry a loaded rifle or shotgun in any
vehicle on any public street, road or
highway.
55. It shall be unlawful for any person in the
town, except a duly authorized officer
in the course of his duty, to fire or
discharge any gun, pistol, or other
firearms of any kind.
56. No discharge of firearms across or within
150 yards of any building, dwelling,
street, sidewalk, alley, roadway, public
land, or public place.
57. No discharge of firearms north or west
of a line from the Chesapeake-Virginia
Beach boundary; thence northwardly
along North Landing Road; thence eastwardly
along Indian River Road; thence
northeastwardly along New Bridge
Road; thence eastwardly along Sandbridge
Road to the Atlantic Ocean, or
across any land north of False Cape Park
and east of Shipps Bay and Point Creek.
No discharge of rifles larger than .22
south of this line except muzzle loading
rifles may be used to hunt deer during
the firearms deer season.
58. Shotguns firing pellets are lawful on
certain agricultural lands of 50
contiguous acres or more, and on
certain lands south of a line from the
Chesapeake-Virginia Beach boundary,
thence northeastwardly along Elbow
Road; thence southeastwardly along
Salem Road; thence northeastwardly
along North Landstown Road; thence
southeastwardly along Princess Anne
Road; thence eastwardly along
Sandbridge Road to the Atlantic Ocean.
The property must be permitted by the
City Manager for this purpose.
59. It shall be unlawful for any person to
discharge or shoot off a firearm in the
county. It shall be unlawful for any
person to discharge or shoot or throw
any dangerous missiles by mechanical,
explosive, air- or gas-propelled means,
or similar method or device onto or
across any public sidewalk, path, or
roadway, at any public structure or
building, or at or onto the property of
another. It is unlawful for any person to
shoot a compound bow, crossbow, longbow,
or recurve bow at or upon the
property of another without permission.
It shall be unlawful to discharge a
projectile from any of the aforementioned
bows within 100 yards of any
public road, public building or structure,
private residence or structure, or property
of another. Nothing in this ordinance
shall be construed to prohibit the
use of firearms or other instruments or
missiles or compound bows, crossbows,
longbows, or recurve bows in lawful self
defense or in the lawful defense of
property, or to prohibit the use of
firearms or other missiles or compound
bows, crossbows, longbows, or recurve
bows in supervised sport, recreation, or
training conducted on safety-inspected
and approved ranges and courses, provided
the same is not contrary to existing
law.
60. It shall be unlawful to hunt with a rifle
larger than .22 caliber rim fire, except
any center-fire rifle of a larger caliber
may be used to hunt from a stand elevated
at least 10 feet from the ground. It
shall be unlawful to have a loaded center-
fire rifle of any caliber .23 or larger
except while hunting from a stand elevated
ten feet above the ground. The
maximum number of rounds that may
be loaded in a center-fire rifle shall not
exceed five, including the round loaded
in chamber. It shall be unlawful for anyone
under the age of 12 to use any center-
fire rifle caliber .23 or larger for deer
hunting purposes without direct adult
supervision. Any person with a permanently
disabling physical handicap as
recognized by the VDGIF shall be
exempt from an elevated stand provision
of this ordinance.
61. It is unlawful to hunt or attempt to hunt
on a primary or secondary state maintained
highway, and within the side
ditches of such highways.
62. Discharging firearms is prohibited within
certain areas (check local county ordinance
for area description), except deer
hunting is permitted with handguns,
shotguns, or muzzle loading rifles using
a single projectile and all other hunting
is allowed with rifles of .22 caliber rim fire
or less, handguns, shotguns, and
muzzle loading rifles using single or multiple
projectiles.
63. The discharge of firearms is prohibited
within 50 yards of a highway in the
primary or secondary system of state
roads.
64. Discharge of firearms is prohibited within
100 yards of any public park or
school.
65. Discharge of firearms is prohibited within
100 yards of a building with a current
occupancy permit unless the owner or
authorized agent has given permission.
66. Muzzleloaders shall be legal firearms
during any firearms season.
67. Shotgun slugs shall be permitted for
deer hunting.
68. It shall be unlawful to hunt with a rifle
larger than .22 caliber, except rifles of a
larger caliber may be used for hunting
groundhogs and coyotes outside the
general firearms deer season.
69. It shall be unlawful for any person to
discharge an air gun, spring gun, or
firearm from, along, across or toward,
or within 300 yards of any paved public
street, highway or road, or any building
in the city.
70. It shall be lawful to hunt game species
with a muzzle loading rifle during the
prescribed open seasons.
71. The discharge or use of a rifle, except for
a .22 caliber rim fire is prohibited within
the city limits.
72. The use of muzzle loading rifles during
the prescribed open seasons for the
hunting of game species is permitted in
the city; provided, however, that the
use of such muzzle loading rifle shall be
only from a stand located at least 10
feet above the ground.
73. No rifles for turkey hunting.
74. It is unlawful to hunt deer during the
regular hunting season with a rifle of .23
caliber or larger either on public lands
or in the area of the county bordered to
the north by the James River, to the
west by Route 602 from the Willis River,
and to the south by Route 45 and Route
684 to the county line (generally known
as Cartersville Historic District); except
from a tree stand elevated at least 10
feet above the ground. It shall be lawful
to hunt with a muzzle loading rifle from
the ground or from a tree stand
elevated to any height.
75. No person shall hunt using a rifle larger
than a .22 caliber rim fire within a 100
yards of any residence or occupied
building without the written approval of
the owner or lessee of the property. It
shall be unlawful to discharge a rifle
larger than .22 caliber rim fire from an
elevated stand within 100 yards of an
adjoining property line without first
obtaining written permission of the
owner or, if different than the owner,
the occupant of the adjoining property
or within 100 yards of any public street
or primary or secondary state-maintained
highway.
76. Muzzle loading rifles are permitted during
the open seasons for hunting game
species from stands elevated at least 10
feet above the ground (except legally
handicapped hunters are exempt from
tree stand requirements). No early
muzzleloader season east of the Dismal
Swamp Line.
77. It shall be unlawful to engage in hunting
with a firearm within the right-of-way of
any primary or secondary highway.
78. It shall be unlawful for any person to
engage in hunting with a firearm or to
discharge a firearm within 100 yards of
a dwelling house or occupied building
not his or her own.
79. It shall be unlawful for any person to
engage in hunting with a bow or to discharge
arrows from bows within 100
yards of a dwelling house or occupied
building not his or her own. A “bow”
includes all compound bows, crossbows,
longbows, and recurves that have
a peak draw weight of 10 pounds or
more. The term “arrow” means a shaft like
projectile intended to be shot from
a bow.
80. It shall be unlawful to hunt with a rifle
larger than .22 caliber rim fire, except
rifles of a larger caliber may be used for
hunting groundhogs and coyotes
between March 1 and August 31.
81. It shall be unlawful to shoot or hunt
within 100 yards of any regularly occupied
structure without written permission
of its owner or occupant or within
100 yards of any private road located in
a subdivision where lots are 10 acres or
more without written permission of the
owner or occupant.
82. It shall be unlawful to shoot or hunt on
any county property including, but not
limited to, schools, parks, pools, the
courthouse and other county offices.
Bass River,
Refer to New Jersey State Law Code(s); NEW JERSEY ADMINISTRATIVE CODE
TITLE 13. LAW AND PUBLIC SAFETY
CHAPTER 54. FIREARMS AND WEAPONS (See above references)
BERKELEY HEIGHTS,
Chapter 9.20 FIREARMS Berkeley Heights Township, New Jersey Code of Ordinances
9.20.010 Unlawful to fire or discharge firearms.
It is unlawful for any person to fire or discharge any pistol, revolver, rifle, shotgun, machine gun, automatic and semiautomatic rifle, or other firearm as the term is commonly used, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectile, ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. Also any firearm which is in the nature of any air gun, spring gun or pistol, carbon-dioxide or compressed-air gun or pistol, or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas, or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths (3/8) of an inch in diameter, with sufficient force to injure the person.
(Prior code § 42-1)
Chapter 12.04 PUBLIC PARKS AND RECREATION AREAS Berkeley Heights Township, New Jersey Code of Ordinances
Chapter 12.04 PUBLIC PARKS AND RECREATION AREAS
12.04.010 Prohibited activities.
No person in a public park and recreation area shall:
18.
Carry or possess firearms of any description or air rifles, spring guns, bows and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden;
CALIFON,
Refer to New Jersey State Law Code(s); NEW JERSEY ADMINISTRATIVE CODE
TITLE 13. LAW AND PUBLIC SAFETY
CHAPTER 54. FIREARMS AND WEAPONS (See above references)
EAST GREENWICH
TOWNSHIP,
Refer to New Jersey State Law Code(s); NEW JERSEY ADMINISTRATIVE CODE
TITLE 13. LAW AND PUBLIC SAFETY
CHAPTER 54. FIREARMS AND WEAPONS (See above references)
ELIZABETH,
Refer to New Jersey State Law Code(s); NEW JERSEY ADMINISTRATIVE CODE
TITLE 13. LAW AND PUBLIC SAFETY
CHAPTER 54. FIREARMS AND WEAPONS (See above references)
GLEN RIDGE,
Chapter 9.24 WEAPONS – Glen Ridge Borough, New Jersey – Code of Ordinances
9.24.010 – Carrying weapons.
It is unlawful for any person within the limits of the borough to carry without lawful authority, any revolver, pistol, air pistol or gun or CO2 pistol or gun, or other firearm or other instrument of the kind known as a blackjack, slingshot, blowgun or similar device, billy sand club, sand bag, bludgeon, metal knuckles, chain, metal studded belts or razor, dagger, dirk, dangerous knife, stiletto, bomb or other high explosive concealed in or about his or her clothes or person or in any vehicle, carriage, motorcycle or other vehicle.
(Ord. 856 § 1(24), 1966)
9.24.020 – Discharging weapons.
It is unlawful for any person within the limits of the borough to discharge without reasonable cause any revolver, pistol, air pistol or gun, or CO2 pistol or gun or other firearm, toy pistol, air gun or slingshot or bean-shooter or any similar device, bow and arrow (including compound bow and cross-bow), dart gun or blow gun, throwing star or knives, at any place whether private or public, within the borough.
(Ord. 1321 § 1, 1999)
HARRISON,
Chapter 9.08 OFFENSES AGAINST PUBLIC PEACE AND DECENCY – Harrison, New Jersey – Code of Ordinances
9.08.020 – Discharge of firearms or use of slingshot restricted.
No person shall discharge any firearm or air gun or use a sling-shot within town limits, unless the place for the discharging of the firearm is a target range suitable and safe for the purpose, and used only after written permission has been obtained for the purpose and place by the chief of police from the governing body of the town. This section shall not apply to an officer of the law in the lawful discharge of his duty.
(Ord. 355 § 12, 1951)
JERSEY CITY,
ARTICLE III Reporting of Lost or Stolen Firearms Jersey City, New Jersey Code of Ordinances
163-8. Definitions.
For the purposes of this Article the following terms shall have the following meanings:
<!–[if !supportLists]–>A. <!–[endif]–>Pursuant to N.J. Stat. § 2C:39-l(f), “Firearm” shall mean any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.
Borough of
MAGNOLIA,
CHAPTER 140. FIREARMS – Magnolia, New Jersey – Code of Ordinances
8.140-1. – Discharge of firearms restricted.
The discharge of any firearms, bow and arrow, crossbow, slingshot, air gun, spring gun, gas gun or any other device which impels a projectile through the use of force is prohibited in the Borough of Magnolia.
8.140-2. – Exceptions.
The provisions of this chapter shall not apply to:
<!–[if !supportLists]–>B. <!–[endif]–>Any duly appointed law officer in the course of his or her official duty.
<!–[if !supportLists]–>C. <!–[endif]–>The use of firearms when necessary for the preservation of human life.
<!–[if !supportLists]–>D. <!–[endif]–>The use of firearms when hunting in conformity with the applicable laws and regulations of the State of New Jersey.
D. Use of a firearm on a licensed pistol, rifle or firearm range and under the supervision of the police department.
8.140-3. – Violations and penalties.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be subject to a fine not exceeding $1,000, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
NEW BRUNSWICK,
Chapter 9.20 FIREARMS New Brunswick, New Jersey Code of Ordinances
9.20.020 Definitions.
As used in this chapter:
“Firearm” or “firearms” means and includes any pistol, revolver, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or other firearm as the term is commonly used, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectile, ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances.
It also includes, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol, carbon dioxide or compressed air gun or pistol, or other weapon of similar nature in which the propelling force is a spring, carbon dioxide, compressed or other gas, or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than 3/8 of an inch in diameter, with sufficient force to injure a person.
“Pistol” or “revolver” means and include any firearm with an overall length of less than twenty-six (26) inches, or a shotgun having a barrel or barrels of a length less than eighteen (18) inches, or a rifle having a barrel length less than sixteen (16) inches.
“Rifle” and “shotgun” means and includes all other firearms with overall length of twenty-six (26) inches or greater, provided the length of the barrel or barrels, if a shotgun, is eighteen (18) or more inches, and if a rifle is sixteen (16) or more inches.
“Machine gun” or “automatic rifle” means any weapon, mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means of storing and carrying ammunition, which can be loaded into the weapon, mechanism or instrument and fired therefrom.
“Cannon” or “destructive device” means any instrument or object designed to explode or produce uncontrolled combustion, including (1) any explosive or incendiary bomb, mine or grenade; (2) any rocket having a propellant charge of more than four ounces or any missile having an explosive or incendiary charge of more than one quarter of an ounce; (3) any weapon capable of firing a projectile of a caliber greater than .60 caliber, except a shotgun or shotgun ammunition generally recognized as suitable for sporting purposes. The term does not include any device manufactured for the purpose of illumination, distress signaling, line throwing, safety or similar purpose.
(Prior code § 28-1)
9.20.030 Discharge prohibited.
No person shall fire or discharge within the limits of the city any rifle, shotgun, cannon or other destructive device, machine gun, automatic rifle, pistol, revolver, or firearm of any description.
(Prior code § 28-2)
Chapter 12.28 PARKS AND PLAYGROUNDS* New Brunswick, New Jersey Code of Ordinances
12.28.090 Firearms, weapons and tools.
No person shall have or carry, whether or not concealed upon his or her person, any pistol, revolver or other deadly weapon or any instrument or weapon commonly known as toy pistol or in which or upon which loaded, or blank cartridges may be used, or any loaded or blank cartridges or ammunition therefor, or any tools or instruments, skeleton keys, picklocks, jimmies or other things known or used as burglar tools, except when authorized by law. No person shall bring into the parks or have in his or her possession therein any rifle, shotgun or fowling piece or any air gun, spring gun, sling shot or other similar instrument or weapon.
(Prior code § 11-3.6)
TOWNSHIP OF RANDOLPH
MORRIS COUNTY,
Refer to New Jersey State Law Code(s); NEW JERSEY ADMINISTRATIVE CODE
TITLE 13. LAW AND PUBLIC SAFETY
CHAPTER 54. FIREARMS AND WEAPONS (See above references)
SAYREVILLE,
CHAPTER XVII PARKS AND RECREATIONAL AREAS Sayreville Borough, New Jersey Code of Ordinances
17-1 PUBLIC PARK RULES AND REGULATIONS.
17-1.1 Purpose. The purpose of this section is to establish rules and regulations concerning the conduct of the public in the use and management of public parks and recreational facilities and areas within the Borough.
(Ord. #1342, § 1)
17-1.2 Application of Provisions. The Rules and Regulations as set forth in this section shall apply to all persons, associations, partnerships and corporations that shall use the public parks and recreational areas within the Borough.
(Ord. #1342, § 2)
17-1.3 Rules and Regulations for Conduct Enumerated. The rules and regulations for the conduct of all persons is as follows:
r.
Firearm Prohibition. No person shall carry or possess firearms of any description, or air-rifles, spring-guns, bows and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden except instructional classes, such as archery as shall be under the direction of official Borough authorization.
s.
Picnicking. No person shall picnic or lunch in a place other than those designated for that purpose.
BOROUGH OF SHIP BOTTOM,
Refer to New Jersey State Law Code(s); NEW JERSEY ADMINISTRATIVE CODE
TITLE 13. LAW AND PUBLIC SAFETY
CHAPTER 54. FIREARMS AND WEAPONS (See above references)
Township of
SOUTH BRUNSWICK,
Refer to New Jersey State Law Code(s); NEW JERSEY ADMINISTRATIVE CODE
TITLE 13. LAW AND PUBLIC SAFETY
CHAPTER 54. FIREARMS AND WEAPONS (See above references)
STRATFORD BOROUGH,
Refer to New Jersey State Law Code(s); NEW JERSEY ADMINISTRATIVE CODE
TITLE 13. LAW AND PUBLIC SAFETY
CHAPTER 54. FIREARMS AND WEAPONS (See above references)
TEWKSBURY TOWNSHIP,
Refer to New Jersey State Law Code(s); NEW JERSEY ADMINISTRATIVE CODE
TITLE 13. LAW AND PUBLIC SAFETY
CHAPTER 54. FIREARMS AND WEAPONS (See above references)
New Mexico-
New Jersey defines all non-powder guns as firearms, subjecting these guns to all regulations and restrictions applicable to firearms. To obtain a BB or pellet handgun, a person must obtain a permit to purchase a handgun.
The state prohibits the knowing possession of a handgun in any place other than one’s own property or place of business without a permit to carry if the handgun is an air gun, spring gun or pistol or other similar weapon in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejects a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.
See our Non-Powder Guns policy summary for a comprehensive discussion of this issue.
1.N.J. Stat. Ann. § 2C:39-1f defines firearm to include “without limitation, any…air gun…or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.”
2.N.J. Stat. Ann. §§ 2C:39-5b, 2C:39-6e. [↩]
ALAMOGORDO,
ARTICLE 11 – 05. OFFENSES RELATING TO PUBLIC ORDER AND SAFETY – Alamogordo, New Mexico – Code of Ordinances
11-05-340. – Weapons—Definitions.
As used in this section:
Firearm shall mean any instrument used in the propulsion of shot, shell or bullets or other harmful objects by the action of gunpowder exploded within it, or by the power of springs and including what are commonly known as air rifles and BB guns.
(Code 1960, § 6-2-37; Ord. No. 552, 1-11-77)
Cross reference— Traffic, Ch. 24.
BAYARD,
New Mexico State Air-Gun Laws:
1.N.J. Stat. Ann. § 2C:39-1f
BELEN,
Chapter Two PUBLIC ORDER AND SAFETY – Belen, New Mexico – Code of Ordinances
2-1-13 – Deadly weapons
B.
Discharge of Firearms. It is unlawful to discharge within the municipality limits any pistol, revolver, rifle or shotgun which may be used for the explosion of cartridges, or any gas-operated gun or any device used for propelling missiles, or any slingshot or missile propelling device, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether any instrument is called by any name set forth above or by any other name; provided that this section has no application in cases involving the discharge of a firearm for lawful purposes.
C.
Air and B-B Guns. It is unlawful for anyone to shoot within the municipality any air rifle, air gun or B-B gun. Parents who permit the violation of this section shall be deemed guilty of a violation of Section 5-1-7
G.
Sales to Minors. It is unlawful to give, sell, trade, barter or exchange for anything of value any deadly weapon, air rifle, air gun or B-B gun, or ammunition for any firearm to any person under the age of eighteen (18) years provided that this section shall not be construed to prevent any parent or legal guardian from purchasing firearms or ammunition for his or her child or ward.
County of
BERNALILLO,
ARTICLE I. PARKS AND RECREATION MANAGEMENT Bernalillo County, New Mexico Code of Ordinances
Sec. 58-12. Penalty and prohibited conduct.
(a)
Penalty. Except as otherwise provided in this article, any violation of the provisions of section 58-12 is punishable in accordance with section 1-6
(b)
Prohibited conduct.
(27)
Firearms and weapons.
a.
No person shall possess, use, discharge or cause to be discharged any firearm or weapon, including, but not limited to, any air or gas weapon, air rifle or pistol, BB gun, pellet gun, potato cannon, blow gun, spring gun, spear gun, paintball gun, air-soft gun, bow and arrow, crossbow, slingshot, stun gun, spear, sword, knife with blade over five inches long or any other form of weapon harmful to human or animal in any park and recreation facility, except for authorized archery activities at the El Refugio Archery Range or as otherwise authorized in accordance with county, state or federal laws.
b.
No person shall discharge or cause to be discharged any firearm or weapon listed in subsection 58-12(b)(27)a. into or across any park and recreation facility from outside the boundary of a park and recreation facility.
ARTICLE II. BERNALILLO COUNTY OPEN SPACE MANAGEMENT Bernalillo County, New Mexico Code of Ordinances
(27)
Firearms and weapons.
a.
No person shall possess, use, discharge or cause to be discharged any firearm or weapon, including, but not limited to any air or gas weapon, air rifle or pistol, BB gun, pellet gun, potato cannon, blow gun, spring gun, spear gun, paintball gun, air-soft gun, bow and arrow, crossbow, slingshot, stun gun, spear, sword, knife with blade over five inches long or any other form of weapon harmful to human or animal in any open space, except as otherwise authorized in accordance with county, state or federal laws.
b.
No person shall discharge or cause to be discharged any firearm or weapon listed in subsection (27)a. into or across any open space from outside the boundary of an open space.
BLOOMFIELD,
DIVISION 1. GENERALLY Bloomfield, New Mexico Code of Ordinances
Sec. 11-96. Deadly weapons
(b)
Discharge of firearms. It is unlawful to discharge within the city limits any pistol, revolver, rifle or shotgun which may be used for the explosion of cartridges, or any gas operated gun or any device used for propelling missiles, or any slingshot or missile propelling device, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether any instrument is called by any name set forth above or by any other name; provided that this section has no application in cases involving the discharge of a firearm for lawful purposes.
(c)
Air and BB guns. It is unlawful for anyone to shoot any air rifle, air gun or BB gun. Parents who permit the violation of this section shall be deemed guilty of a violation of section 11-137. This section has no application in cases involving the discharge of any air gun, designed to propel a mechanism for the distribution of paint or dye, for purposes of recreational competition or training among willing participants.
(g)
Sale to minors. It is unlawful to give, sell, trade, barter or exchange for anything of value any deadly weapon, air rifle, air gun or BB gun, or ammunition for any firearm to any person under the age of eighteen (18) years provided that this section shall not be construed to prevent any parent or legal guardian from purchasing firearms or ammunition for his child or ward.
(h)
Forfeiture of deadly weapons. Every person convicted of the violation of this Code shall forfeit to the city any weapons involved in the violation.
(i)
Disposition of forfeited weapons. Every police officer upon making an arrest and taking a weapon used in the violation of any section of this Code shall deliver the same to the chief of police to be held by him until judgment is entered for the offense and upon the finding of guilt the weapon shall be disposed of as provided in N.M.S.A. 1978, § 3-55-2.
(Ord. No. 94, § 1-13, 5-9-77; Ord. No. 387, 9-13-04)
State law reference— Weapons and explosives, N.M.S.A. 1978, § 30-7-1 et seq.
CARLSBAD,
Chapter 32 OFFENSES AND MISCELLANEOUS PROVISIONS – Carlsbad, New Mexico – Code of Ordinances
Sec. 32-4. – Air guns, slingshots, etc.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air gun shall mean any and all guns, rifles, carbines, pistols, revolvers and automatics or any similar tubular devices for throwing a projectile by the use of air, gas or spring.
Pellets shall mean any and all types of ammunition, pellets, shot, “B-B” or other projectiles that are manufactured and sold for use in air guns or slingshots.
Slingshot shall mean slings, slingshots and any other similar device by the use of which small stones, marbles or the like can be thrown, shot, slung or discharged.
(b)
Use, shooting, or discharge prohibited. The use, shooting or discharging of an air gun or slingshot is prohibited and is hereby declared to be unlawful in the limits of the city. Any person found guilty of a violation of any of the provisions of this subsection shall be deemed guilty of committing a misdemeanor and shall be punished as provided for in section 1-6.
(c)
Custodial responsibility. It shall be unlawful for any parent, guardian or other person having custody of any child under the age of 18 years to knowingly permit such child to use, carry, shoot or discharge any air gun or slingshot in the city. Any person found guilty of a violation of any of the provisions of this section shall be deemed guilty of committing a misdemeanor and shall be punished as provided for by section 1-6.
(Code 1974, §§ 23-1—23-4; Ord. No. 1024, § 23-4, 11-13-90)
CLOVIS,
Chapter 9.82 AIR RIFLES AND PELLET GUNS – Clovis, New Mexico – Code of Ordinances
Chapter 9.82 – AIR RIFLES AND PELLET GUNS
Sections:
9.82.010 – Carrying or discharging loaded air rifles or pellet guns unlawful.
9.82.020 – Exceptions.
9.82.030 – Interpretation.
9.82.010 – Carrying or discharging loaded air rifles or pellet guns unlawful.
No person shall carry or discharge any pellet gun, BB gun, air rifle or air pistol of any description, by whatever name it may be known, that by means of compressed air, compressed gas, springs or any other means of propulsion is capable of discharging shots, pellets, or any other projectiles.
(Prior code §13-10.1 (part)).
9.82.020 – Exceptions.
The prohibitions of this chapter shall not apply to licensed shooting galleries, or on private grounds or premises under circumstances when such weapon can be fired, discharged or operated in a manner such as not to endanger persons or property, and also in such manner as to prevent the projectile from traversing any ground or space outside the limits of such gallery, grounds or residence.
(Prior code §13-10.1 (part)).
9.82.030 – Interpretation.
Nothing contained in this chapter shall be construed to prevent the carrying of such weapons, when unloaded, to or from any range or gallery or to or from an area where the discharge of such weapon is permitted by law.
(Prior code §13-10.1 (part).
EUNICE,
New Mexico State Air-Gun Laws:
1.N.J. Stat. Ann. § 2C:39-1f
FARMINGTON,
DIVISION 2. WEAPONS Farmington, New Mexico Code of Ordinances
Sec. 18-5-44. Firing of rifle or pistol.
No person shall fire or discharge a rifle, gun, pistol, air rifle or air pistol within the city, except when such is done by lawful authority or in the lawful defense of himself, his family or his property.
(Code 1969, § 21-79)
Sec. 18-5-45. Furnishing to minors.
No person shall sell, lend or furnish to any minor below the age of 16 any gun, pistol or other firearm within the city, nor shall any person in the city sell or give to any minor below the age of 16 any cartridges of fixed ammunition of which any fulminate is a component part.
(Code 1969, § 21-80)
Cross reference— Offenses related to minors, § 18-8-1 et seq.
HOBBS,
Chapter 9.36 WEAPONS – Hobbs, New Mexico – Code of Ordinances
9.36.010 – B-B or pellet guns defined.
“B-B or pellet guns” shall be defined as any instrument, whether or not designed as a pistol or rifle, which by reason of its mechanical construction, enables the propelling by force of compressed air or any other means of B-B’s, pellets or other metal or hard substance; provided, that B-B or pellet guns whose trajectory or other internal parts have been removed shall not be included in such definition; provided, further, that firearms or other weapons wherein the mechanical construction requires an internal combustion to create an expelling force shall not be included in such definition.
(Prior code § 19-8)
9.36.020 – B-B or pellet guns—Discharge.
It is unlawful for any person to discharge any B-B or pellet gun within the City limits.
(Prior code § 19-9)
9.36.030 – B-B or pellet guns—Responsibility of parents and guardians.
Parents, guardians or other persons in loco parentis having control, of children, or persons subject to the provisions of Sections 9.36.010 to 9.36.030, are made responsible for the acts of such children or other persons subject to the provisions of such sections for the possession or the discharge of B-B or pellet guns, and any parent, guardian or person who permits the possession of such B-B gun or pellet gun by a minor child shall be deemed guilty of a misdemeanor.
(Prior code § 19-10)
9.36.040 – Deadly weapons defined.
“Deadly weapon” means any firearm, whether loaded or unloaded, or any weapon which is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given or with which dangerous thrusts can be inflicted, including sword canes and any kind of sharp pointed canes, and any other weapons with which dangerous wounds can be inflicted.
(Prior code § 19-24)
9.36.050 – Carrying a deadly weapon defined.
“Carrying a deadly weapon” means being armed with a deadly weapon by having it on the person, or in close proximity thereto, so that the weapon is readily accessible for use.
(Prior code § 19-25)
9.36.060 – Deadly weapon—Unlawful carrying.
No person in the City shall commit unlawful carrying of a deadly weapon.
“Unlawful carrying of a deadly weapon” consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:
A.
In the person’s residence or on real property belonging to him or her as owner, lessee, tenant or licensee;
B.
In a private automobile or other private means of conveyance, for lawful protection of the person’s or another’s person or property while traveling;
C.
By a peace officer in the lawful discharge of his or her duties.
Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
(Prior code § 19-29)
9.36.070 – Deadly weapon—Unlawful possession by felon.
It is unlawful for any convicted felon to possess a deadly weapon, as defined in section 9.36.040, within the City.
(Prior code § 19-26.1)
9.36.080 – Deadly weapon—Negligent use.
No person in the City shall commit negligent use of a weapon.
“Negligent use of a weapon” consists of:
A.
Unlawfully discharging a firearm in the proximity of a building or into any building or vehicle, so as to knowingly endanger a person or his or her property;
B.
Carrying a firearm while under the influence of an intoxicant or narcotic;
C.
Endangering the safety of another or his or her property by handling or using a firearm or other deadly weapon in a negligent manner; or
D.
Selling, loaning or furnishing any deadly weapon to a person with knowledge that the person is under the influence of any intoxicant or narcotic or that the person is incompetent.
(Prior code § 19-27)
LAS CRUCES,
DIVISION 3. WEAPONS Las Cruces, New Mexico Code of Ordinances
Sec. 19-164. Prohibited use of weapons and firearms.
(a)
It shall be unlawful for any person to:
(1)
Fire or discharge any gun, pistol, rifle or other firearm of any description within the corporate city limits.
(2)
Discharge any air rifle, air pistol or BB gun within the corporate city limits.
(3)
As parent or guardian or other adult person having the care or custody of a child, permit any child under the age of 18 years to violate this section.
(4)
Carry a firearm while under the influence of an intoxicant or narcotic.
(5)
Endanger the safety or security of another person or his property by handling or using a firearm or other deadly weapon in a negligent manner.
(b)
Subsection (a)(1) of this section shall not apply to the discharging or firing of any gun, pistol, rifle, or other firearm in any firing range that meets all other standards imposed by law. Regulations concerning such standards shall be promulgated by the police department and the police department shall be responsible for their enforcement.
(c)
Subsection (a)(2) of this section shall not apply to air rifles, air pistols and BB guns that are discharged on ranges which meet the safety standards established by the police department. Ranges meeting these safety standards may be established in publicly or privately owned buildings, including residential dwellings. These firing ranges meeting safety standards must be approved by the police department. These firing ranges shall be subject to inspection by the police department.
(d)
It shall be unlawful for any person under the age of 18 years to discharge or fire any firearm or air-gun, as outlined in subsections (b) and (c) of this section, unless supervised by an adult.
(e)
Subsections (a)(1) and (a)(2) of this section shall not apply to any authorized police or peace officer discharging any weapon or firearm in the lawful pursuit of duty.
(Code 1988, § 21-104)
County of
LOS ALAMOS,
New Mexico State Air-Gun Laws:
1.N.J. Stat. Ann. § 2C:39-1f
LOS LUNAS,
Chapter 9.08 OFFENSES AGAINST PUBLIC ORDER AND SAFETY – Los Lunas, New Mexico – Code of Ordinances
9.08.120 – Deadly weapons.
A. Carrying of Deadly Weapons. It is unlawful to carry within the municipality a concealed, loaded firearm or other weapon capable of producing death or great bodily harm including, but not restricted to, any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives, chains, can openers, ice picks and all such weapons with which dangerous cuts or punctures can be inflicted, including sword-canes and any kind of sharp pointed canes, also slingshots, bludgeons or any other weapon with which dangerous wounds can be inflicted, except in a person’s residence or on real property belonging to him as owner, lessee, tenant or licensee or in a private automobile or other private means of conveyance for lawful protection of one’s person or property while traveling or for other lawful purposes.
B.
Discharge of Firearms. It is unlawful to discharge within the municipality limits any pistol, revolver, rifle or shotgun which may be used for the explosion of cartridges, or any gas-operated gun or any device used for propelling missiles, or any slingshot or missile propelling device, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether any instrument is called by any name set forth above or by any other name; provided, that this section has no application in cases involving the discharge of a firearm for lawful purposes.
C.
Air and B.B. Guns. It is unlawful for anyone to shoot within the municipality any air rifle, air gun or B.B. gun. Parents who permit the violation of this section shall be deemed guilty of a violation of Section 9.20.060
G.
Sales to Minors. It is unlawful to give, sell, trade, barter or exchange for anything of value any deadly weapon, air rifle, air gun or B.B. gun, or ammunition for any firearm or any person under the age of eighteen years provided that this section shall not be construed to prevent any parent or legal guardian from purchasing firearms or ammunition for his child or ward.
H.
Disposition of Seized Weapons. Every police officer upon making an arrest and taking a weapon used in the violation of any section of this code shall deliver the same to the chief of police to be held by him until judgment is entered for the offense and upon the finding of guilt the weapon shall be disposed of as provided in Section 3-55-2 NMSA 1978.
(Ord. 106 § 2-1-13, 1980)
Chapter 9.08 OFFENSES AGAINST PUBLIC ORDER AND SAFETY – Los Lunas, New Mexico – Code of Ordinances
2.48.030 – General park regulations.
Any person, persons or groups utilizing any parks and recreation facility or open public space area shall adhere to the following regulations:
K.
Discharging or carrying firearms, crossbows, fireworks, explosives or projectile weapons of any kind are not permitted. This includes paintball, BB, pellet, air, and blow guns; rockets, crossbows, longbows and slingshots.
PORTALES,
ARTICLE I. IN GENERAL Portales, New Mexico Code of Ordinances
Sec. 17-8. Discharge of firearms.
It shall be unlawful for any person to fire or discharge any air gun, air pistol, BB gun or BB pistol, or any other gun or pistol made or designed to discharge a pellet or other projectile by means of forced or compressed air, within the limits of the city.
(Ord. No. 220, § 1, 4-3-51)
ARTICLE III. PROHIBITED ACTIVITIES IN CITY PARKS AND CEMETERY Portales, New Mexico Code of Ordinances
Sec. 17-56. Firearms, weapons and tools.
It shall be unlawful for any person to bring into or have in his possession in any public park, cemetery or recreation area:
(1)
Any pistol or revolver or objects upon which loaded or blank cartridges may be used.
(3) Any rifle, shotgun, BB gun, air gun, spring gun, sling-shot, bow, or other weapon in which the propelling force is gunpowder, a spring or air.
(Ord. No. 649, § 6, 6-15-04)
Village of
RUIDOSO,
New Mexico State Air-Gun Laws:
1.N.J. Stat. Ann. § 2C:39-1f
County of
SANDOVAL,
New Mexico State Air-Gun Laws:
1.N.J. Stat. Ann. § 2C:39-1f
SILVER CITY,
DIVISION 2. WEAPONS – Silver City, New Mexico – Code of Ordinances
Sec. 34-150. – Sales to minors.
It shall be unlawful for any person to give, sell, trade, barter or exchange for anything of value any deadly weapon, air rifle, air-gun or BB gun, or ammunition for any firearm to any person under the age of 18 years; provided that this section shall not be construed to prevent any parent or legal guardian from purchasing firearms or ammunition for his child or ward.
(Code 1979, § 18-95; Code 2005, § 132.044)
Sec. 34-153. – Prohibited uses.
(a)
It shall be unlawful for any person to:
(1)
Fire or discharge any gun, pistol, rifle or other firearm of any description within the corporate town limits;
(2)
Fire or discharge any BB gun, air pistol, air rifle or slingshot within the corporate town limits;
(3)
Shoot or sling an arrow with a bow or any other device within the corporate town limits;
(4)
Throw any stone, rock, or other propellant, missile or substance in any manner so as to be reasonably likely to cause injury to any person or property;
(5)
Carry a firearm while under the influence of an intoxicant or narcotic;
(6)
Endanger the safety of another or his property by handling a firearm, BB gun, bow, air pistol, air rifle or slingshot in a negligent manner; and
(7)
As a parent or guardian or other adult person having the care or custody of a child, permit any child under the age of 18 years to violate this section.
(b)
Exceptions.
(1)
Subsection (a)(1) of this section shall not apply to the discharging or firing of any gun, pistol, rifle, or other firearm in any firing range that meets all other standards imposed by law.
(2)
Subsection (a)(2) of this section shall not apply to air rifles, air pistols, and BB guns that are discharged on any firing range that meets safety standards established and promulgated by the police department, or target firing on private property owned or lawfully occupied by the person, or target firing on the property of another when properly authorized. Any shooting thereon must be conducted in a non-negligent manner so as to secure the safety of the inhabitants and their property.
(3)
Subsection (a)(3) of this section shall not be construed to prohibit target firing of a bow that is discharged on any firing range that meets safety standards established and promulgated by the police department, or target firing on private property owned or lawfully occupied by the person, or target firing on the property of another when properly authorized. Any shooting thereon must be conducted in a non-negligent manner so as to secure the safety of the inhabitants and their property.
(4)
Subsections (a)(1) through (3) of this section shall not be construed to prohibit the use of a weapon in the valid exercise of the right of self-defense of person or property.
(5)
Subsections (a)(1) through (3) of this section shall not apply to any authorized police or police officer discharging any weapon or firearm in the lawful pursuit of duty.
(c)
Whoever shall violate any of the provisions of this section is guilty of a municipal offense and shall be subject to the general penalty provisions of section 1-9
(Ord. No. 1077, § 18-101, 3-25-2003)
TUCUMCARI,
Chapter 9.04 OFFENSES RELATING TO PUBLIC ORDER AND SAFETY – Tucumcari, New Mexico – Code of Ordinances
9.04.070 – Deadly weapons.
A.
Discharge of Firearms. It is unlawful to discharge within the city limits any pistol, revolver, rifle or shotgun which may be used for the explosion of cartridges, or any gas-operated gun or any device used for propelling missiles, or any slingshot or missile propelling device, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether any instrument is called by any name set forth above or by any other name; provided that this section has no application in cases involving the discharge of a firearm for lawful purposes.
B.
Air and B-B Guns. It is unlawful for anyone to shoot any air rifle, air gun or B-B gun. Parents who permit the violation of this section shall be deemed guilty of a violation of Section 9.16.040
C.
Exception for Peace Officers. The provisions set forth above shall not be construed to forbid police officers from carrying, wearing or discharging such weapons as shall be necessary in the proper discharge of their duties.
(Ord. 932 § 28(part), 1999; prior code § 12-1-14)
New York-
New York law prohibits any person under the age of sixteen from possessing any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air.1 New York has no other law governing non-powder guns.
*29.N.Y. Penal Law § 265.05
N.Y. PEN. LAW § 265.05 : NY Code – Section 265.05: Unlawful possession of weapons by persons under sixteen – It shall be unlawful for any person under the age of sixteen to possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air, or any gun or any instrument or weapon in or upon which any loaded or blank cartridges may be used, or any loaded or blank cartridges or ammunition therefor, or any dangerous knife; provided that the possession of rifle or shotgun or ammunition therefor by the holder of a hunting license or permit issued pursuant to article eleven of the environmental conservation law and used in accordance with said law shall not be governed by this section. A person who violates the provisions of this section shall be adjudged a juvenile delinquent. –
*The exception to this is NYC, as all types of guns including BB guns are illegal in NYC and surrounding boroughs.
BELLPORT,
New York law prohibits any person under the age of sixteen from possessing any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air.1 New York has no other law governing non-powder guns.
N.Y. Penal Law § 265.05 [↩]
BIG FLATS,
New York law prohibits any person under the age of sixteen from possessing any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air.1 New York has no other law governing non-powder guns.
N.Y. Penal Law § 265.05 [↩]
ELMIRA,
New York law prohibits any person under the age of sixteen from possessing any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air.1 New York has no other law governing non-powder guns.
N.Y. Penal Law § 265.05 [↩]
GOSHEN,
New York law prohibits any person under the age of sixteen from possessing any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air.1 New York has no other law governing non-powder guns.
N.Y. Penal Law § 265.05 [↩]
KENMORE,
New York law prohibits any person under the age of sixteen from possessing any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air.1 New York has no other law governing non-powder guns.
N.Y. Penal Law § 265.05 [↩]
LEWISTON,
New York law prohibits any person under the age of sixteen from possessing any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air.1 New York has no other law governing non-powder guns.
N.Y. Penal Law § 265.05 [↩]
LONG BEACH,
ARTICLE VI. RULES AND REGULATIONS FOR PARK AND RECREATIONAL AREAS – Long Beach, New York – Code of Ordinances
Sec. 18-91. – Firearms, weapons, tools.
It shall be unlawful for any person to bring into or have in his possession in any park or recreation area:
(1)
Any pistol or revolver or objects upon which loaded or blank cartridges may be used. Official starters, at authorized track and field events, are excepted from this restriction.
(2)
Any burglar tools.
(3)
Any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow, or other weapon in which the propelling force is gunpowder, a spring or air.
(Ord. No. 1740/91, § 1, 1-15-91)
New York City,
New York City Air-Gun Ordinances defined;
New York City prohibits the sale or possession of any air pistol or air rifle (defined as any instrument in which the propelling force is air or a spring) without an appropriate license. Persons who are licensed by the city to sell air pistols and rifles may do so only if they deliver the weapons to a location outside the city. Within the city, air pistol and rifle licensees may sell air pistols and rifles to each other. In addition, the use of air pistols and rifles in connection with “an amusement licensed by the department of consumer affairs” or at a shooting range is permitted. Air pistol or rifle dealers must keep records detailing the name and address of each purchaser and the place of delivery for each sale.
Ref: State Laws within New York City:
New York law prohibits any person under the age of sixteen from possessing any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air.1 New York has no other law governing non-powder guns.
N.Y. Penal Law § 265.05 [↩]
39. New York, N.Y., Admin. Code § 10-131 (b).
New York City Administrative Code – Title 10 Public Safety
g. 1. It shall be unlawful for any person to sell or offer for sell, possess or use or attempt to use or give away, any toy or imitation firearm which substantially duplicates or can reasonably be perceived to be an actual firearm unless:
(a) the entire exterior surface of such toy or imitation firearm is colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink or bright purple, either singly or as the predominant color in combination with other colors in any pattern; or
(b) such toy or imitation firearm is constructed entirely of transparent or translucent materials which permits unmistakable observation of the imitation or toy firearm’s complete contents; and
(c) the barrel of such toy or imitation firearm, other than the barrel of any such toy or imitation firearm that is a water gun, is closed with the same material of which the toy or imitation firearm is made for a distance of not less than one-half inch from the front end of said barrel, and;
(d) such toy or imitation firearm has legibly stamped thereon, the name of the manufacturer or some trade name, mark or brand by which the manufacturer can be readily identified; and
(e) such toy or imitation or firearm does not have attached thereto a laser pointer, as defined in paragraph one of subdivision a of section 10–134.2 of this code.
2. Paragraph one of this subdivision shall not apply to:
(a) the possession or display of toy or imitation firearms by a manufacturer or dealer solely for purposes of sales that are accompanied by delivery to a point without the city;
(b) any toy or imitation firearm that will be used only for or in the production of television programs or theatrical or motion picture presentations, provided, however, that such use of any toy or imitation firearm complies with all applicable laws, rules or regulations concerning request and receipt of waivers authorizing such use;
(c) non-firing collector replica antique firearms, which look authentic and may be a scale model but are not intended as toys modeled on real firearms designed, manufactured and produced prior to 1898;
(d) decorative, ornamental, and miniature objects having the appearance, shape and/or configuration of a firearm, including those intended to be displayed on a desk or worn on items such as bracelets, necklaces and key chains, provided that the objects measure no more than thirty-eight (38) millimeters in height by seventy (70) millimeters in length, the length measurement excluding any gun stock length measurement.
3. (a) Authorized agents and employees of the department of consumer affairs, and of any other agency designated by the mayor, shall have the authority to enforce the provisions of this subdivision. A proceeding to recover any civil penalty pursuant to this subdivision shall be commenced by service of a notice of hearing that shall be returnable to the administrative tribunal of the department of consumer affairs. The administrative tribunal of such department shall have the power to impose civil penalties for a violation of this subdivision of not less than one thousand dollars ($1000) nor more than five thousand dollars ($5000) for the first offense and not less than three thousand dollars ($3000) nor more than eight thousand dollars ($8000) for each succeeding offense occurring within two years of the first offense, without regard to whether the first offense involved a toy or imitation firearm of the same model involved in any succeeding offense. For the purposes of this subdivision, selling, offering for sale, possessing, using or attempting to use or give away any single toy or imitation firearm in violation of this subdivision shall be considered a single violation.
NY City penal codes: New York City Administrative Code – § 10-131 for violations and definitions continue through:
4- 16 part (V)
And
Parts 2nd through 7 of section 10–134.2.
Rockland County,
New York law prohibits any person under the age of sixteen from possessing any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air.1 New York has no other law governing non-powder guns.
N.Y. Penal Law § 265.05 [↩]
ROME,
New York law prohibits any person under the age of sixteen from possessing any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air.1 New York has no other law governing non-powder guns.
N.Y. Penal Law § 265.05 [↩]
SYRACUSE,
ARTICLE 4. ENDANGERING PUBLIC SAFETY; WEAPONS, MISSILES, SPORTS – Syracuse, New York – Code of Ordinances
Sec. 16-13. – Missiles; sale of air guns.
No person shall filing or throw any stone, pebble, ice or snowball or any hard or hurtful substance or thing by hand or foot or by any air gun or other instrument within the bounds of the city. The sale of any such air gun or other instrument for similar use within the bounds of the city is prohibited.
ARTICLE 5. AMUSEMENT CENTERS AND AMUSEMENT CENTER GAMES – Syracuse, New York – Code of Ordinances
Sec. 5-38. – Definitions
Amusement device means any coin-controlled amusement device of any description, and particularly, but not by way of limitation, the type commonly known as iron-clad, bagatelle, baseball, football, bowling, interactive television games, and pinball amusement games or like device. The definition herein, however, shall exclude any coin-controlled device, firearms, guns, air guns, slingshots or slung shots, and similar devices or apparatus which propel bullets, slugs or other hard substances; said definition shall also exclude any device the possession or use of which is prohibited by law.
Owner or operator of an amusement device means any person who owns, places, distributes or locates an amusement device or devices in any place in which it is operated for the amusement, patronage or recreation of the public.
TONAWANDA,
ARTICLE 1. IN GENERAL Tonawanda, New York Code of Ordinances
Sec. 38-3. Throwing missile or discharging weapon within city limits.
No person shall shoot, cast or throw any stone, pellet, arrow, missile or projectile of any kind, or discharge any air gun or BB gun or discharge any firearm, rifle or shotgun, as defined in Article 265 of the New York State Penal Law, within city limits, unless authorized by law.
(Code 1989, § 162-2; Res. of 9-7-2010, § 233)
North Carolina-
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. State Law references:
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, sling-shot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
AHOSKIE,
Sec. 46-4. Projectiles, archery ranges, etc.
No person shall shoot or project any stone, rock, shot or other hard substance by means of a slingshot, bean shooter, air rifle, pop gun, bow or other similar contrivance; provided that archery shooting may be engaged in on such grounds as may be set aside and approved therefor by the town council.
(Code 1976, § 18-7)
ANGIER,
ARTICLE I. IN GENERAL Angier, North Carolina Code of Ordinances
Sec. 11-1. Discharge of guns, firearms, firecrackers, etc., regulated.
(a)
No person shall fire or otherwise discharge any type of gun, firearm, firecracker, cannon cracker, pistol, or other explosive within the town limits, unless:
(1)
When lawfully used in defense of person or property or pursuant to lawful directions of law enforcement officers; or
(2)
The fireworks are those which are permitted under applicable state statute at the time, in which case they may be discharged.
(b)
This section shall not prohibit the discharge of non-explosive firearms such as BB guns, pellet guns, air rifles, crossbows, and bows and arrows, only by persons over the age of 16 years and provided that there is a minimum of 200 feet from the point of discharge to the nearest adjacent property line.
(c)
Law enforcement officers performing official duties are exempt from the provisions of this section.
(d)
Violation of this section shall be punished by a class 1 misdemeanor or a civil penalty of $100.00 pursuant to G.S. 160A-175, at the discretion of the charging officer. In determining whether the remedy sought against the offender is criminal or civil, the officer shall take into the following considerations:
(1)
The extent to which the violation creates an unsafe situation for either the offender, adjacent landowners, or the public in general, and the severity of that unsafe situation;
(2)
The responsiveness of the offender to voluntarily comply with the requirement of this section; and
(3)
The amount and nature of previous violations of this section.
The fine for violation of this section, regardless of whether a civil or criminal remedy is sought, shall be $100.00. Each offense shall constitute a separate and continuing violation and shall be a distinct offense.
(Ord. No. O-2008-04, § 11-1, 5-12-2008)
APEX,
Chapter 14 OFFENSES AND MISCELLANEOUS PROVISIONS Apex, North Carolina Code of Ordinances
Sec. 14-17. Discharge of firearms, air rifles, bows and arrows, etc.
(a)
It shall be unlawful for any person to shoot or discharge within the town any firearm, rifle, gun, pistol or other similar device which impels with force a projectile of any kind by use of explosives, air, springs or any other energizing mechanism.
(b)
It shall be unlawful for any person to shoot or discharge within the town any bow and arrow, compound bow, crossbow or other similar device.
(c)
The chief of police or any member of the police department is authorized to seize and hold subject to order of court any such firearm, rifle, gun, pistol or other similar device or any bow and arrow, compound bow or crossbow or other similar device, which shall be used, shot or discharged within the town in violation of this section.
(d)
Nothing in this section shall prohibit a person over 21 years of age using a shot gun with shot no larger in diameter than 0.109 inches (i.e., with shot having a “shot number” no lower than #6 shot) or a .22-calibre rifle with blank or shot cartridges on property owned or occupied by the applicant from firing on pigeons, squirrels, crows or rats (when not in violation of state law) on or around an apartment, dwelling, garden or business establishment, if a permit from the chief of police for such purpose is first obtained. The permit shall run for not more than 30 days and shall authorize firing during daylight hours on weekdays only on premises specified by the permit and shall be revocable by the chief of police on a violation of its conditions or on complaint that the permit holder is not exercising the privilege in a careful and prudent manner and with due regard to life and property.
(Code 1973, § 13-16; Ord. of 4-7-87, § 1; Ord. No. 2010-1207-12, § 1, 12-7-10)
Cross reference— Carrying firearm in parade, § 20-201(1); firearms in parks, § 15-7(i).
State law reference— Authority as to firearms, G.S. 160A-189.
ASHEVILLE,
ARTICLE II. PARK AND PUBLIC BUILDING REGULATIONS Asheville, North Carolina Code of Ordinances
Sec. 12-42. Firearms and weapons.
(a)
No person shall possess, use or carry any firearm, gun, rifle, pistol, air rifle, spring gun or compressed air rifle or pistol or other similar device or weapon which impels or discharges with force any bullet, shot or pellet of any kind, including arrows with metallic tips or sharp tips of any nature, designated to penetrate and propel a bow or spring device, in any park or other city-owned facility. Further, no person shall possess, use or carry any knife, other than an ordinary pocket knife, which means a small knife, designed for carrying in a pocket or purse and which has a cutting edge and point entirely enclosed by its handle and that may not be opened by throwing, explosive or spring action, or a kitchen knife, when it is used or intended to be used for its ordinary purposes, in any park or other city-owned facility. This section shall not apply to a person carrying a concealed legally permitted handgun in accordance with N.C.G.S. sec. 14-415.11, in a park unless such park area/facility is defined as a recreational facility as described in subsection (b) below. This section also shall not apply to any law enforcement officer of any governmental agency or body charged with the duties of protecting life or property or enforcing laws or regulations while engaged in the performance of his/her official duty nor to any participant in a city-sponsored archery program or event.
(b)
No person shall, in accordance with N.C.G.S. sec. 14-415.23, possess, use or carry a concealed legally permitted handgun into or on any recreational facility as identified in Appendix G.
ARTICLE I. IN GENERAL Asheville, North Carolina Code of Ordinances
Sec. 11-7. Discharge of firearms or weapons.
No person shall shoot or discharge, within the corporate limits of the city, any firearm, gun, rifle, pistol, air rifle, spring gun or compressed air rifle or pistol or other similar device or weapon which impels or discharges with force any bullet, shot or pellet of any kind, including arrows with metallic tips or sharp tips of any nature, designed to penetrate and propelled by a bow or spring device. This section shall not apply to any law enforcement officer of any governmental agency or body charged with the duties of protecting life or property or enforcing laws and regulations while engaged in the performance of his official duty. This section shall not apply in defending one’s self or property or the safety and property of others nor to a firing or archery range operated or supervised by an individual, club or organization for educational or sporting purposes, if such firing or archery range has first been inspected and approved by the police department.
(Code 1965, § 18-7; Ord. No. 1654, 10-6-87)
State law reference— Authority to regulate or prohibit the discharge of firearms, G.S. 160A-189; authority to regulate pellet guns and similar devices, G.S. 160A-190.
Sec. 11-8. Seizure of firearms or weapons.
The chief of police or any member of the police department is hereby authorized to seize, hold and confiscate, subject to order of the court, any firearm, weapon, air rifle or similar device mentioned in section 11-7 which is shot or discharged within the city in violation of such section.
(Code 1965, § 18-8)
ATLANTIC BEACH,
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
CHAPTER 84: MISCELLANEOUS OFFENSES
Section
84.01
84.02
84.03
84.04
Discharge of firearms
Disturbing public meetings
Injuring town property
Unreasonable noise
§ 84.01 DISCHARGE OF FIREARMS.
(A) It shall be unlawful for any person to fire or discharge any rifle, gun, pistol, pellet gun, air
gun, air pistol, or air rifle within the town, on or off his premises, in sport or amusement.
(B) Any person who her minor
child under 18 operate, within the town
guilty of a misdemeanor. Penalty, see § 10.99
shall knowingly and willfully permit his or years of age to
discharge, fire, shoot, or any such air rifle or pellet gun, shall be
Statutory reference:
Authority to regulate and restrict firearms, and pellet guns,
see G.S. 160A-189 and 160A-190
BLACK MOUNTAIN,
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
CHAPTER 84: MISCELLANEOUS OFFENSES
Section
84.01
84.02
84.03
84.04
Discharge of firearms
Disturbing public meetings
Injuring town property
Unreasonable noise
§ 84.01 DISCHARGE OF FIREARMS.
(A) It shall be unlawful for any person to fire or discharge any rifle, gun, pistol, pellet gun, air
gun, air pistol, or air rifle within the town, on or off his premises, in sport or amusement.
(B) Any person who her minor
child under 18 operate, within the town
guilty of a misdemeanor. Penalty, see §
10.99
shall knowingly and willfully permit his or years of age to
discharge, fire, shoot, or any such air rifle or pellet gun, shall be
Statutory reference:
Authority to regulate and restrict firearms, and pellet guns,
see G.S. 160A-189 and 160A-190
County of
BLADEN,
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
CHAPTER 84: MISCELLANEOUS OFFENSES
Section
84.01
84.02
84.03
84.04
Discharge of firearms
Disturbing public meetings
Injuring town property
Unreasonable noise
§ 84.01 DISCHARGE OF FIREARMS.
(A) It shall be unlawful for any person to fire or discharge any rifle, gun, pistol, pellet gun, air
gun, air pistol, or air rifle within the town, on or off his premises, in sport or amusement.
(B) Any person who her minor
child under 18 operate, within the town
guilty of a misdemeanor. Penalty, see §
10.99
shall knowingly and willfully permit his or years of age to
discharge, fire, shoot, or any such air rifle or pellet gun, shall be
Statutory reference:
Authority to regulate and restrict firearms, and pellet guns,
see G.S. 160A-189 and 160A-190
BOILING SPRING LAKES,
Chapter 8 MISCELLANEOUS OFFENSES – Boiling Spring Lakes, North Carolina – Code of Ordinances
Sec. 8-1. – Discharge of firearms, other weapons.
(a)
It shall be unlawful for any person to fire, discharge any rifle, gun, pistol, pellet gun, air pistol, air rifle, bow and arrow, paint gun, crossbow within the city, on or off his premises, in sport or amusement.
(b)
Any person who shall knowingly and willfully permit his minor child under eighteen (18) years of age to discharge, fire, shoot or operate within the city any air rifle, BB gun, pellet gun, bow and arrow, paint gun or crossbow shall be guilty of a violation.
(c)
Violation of this section may subject the offender to penalties or fines. The civil penalties have been established to cover the cost of enforcement of this section in accordance with section 1-15 of this Code. The civil penalty shall be as published in the fee schedule adopted by the board of commissioners and modified from time to time. If appropriate, the offender shall also be responsible for the cost to repair or replace any damaged property that may be incurred as a result of a violation of this article, said cost being added to the civil penalty.
(Code 1980, § 6-6-1; Ord. No. 01-08-02, 10-1-02; Res. No. 2008-24, 7-1-08)
State law reference— Authority to prohibit discharge of firearms, G.S. 160A-189; authority to regulate and restrict pellet guns, G.S. 160A-189, 160A-190.
BREVARD,
ARTICLE I. IN GENERAL Brevard, North Carolina Code of Ordinances
Sec. 42-15. Firing projectiles or arrows.
It shall be unlawful for any person to shoot or project any stone, rock, shot or other hard substance by mean of a slingshot, bean shooter, air rifle, pop gun, bow or other similar contrivance; provided that archery shooting may be engaged in on such grounds as may be set aside and approved therefor by the city council.
(Code 1980, § 10-24)
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
ARTICLE I. BRACKEN PRESERVE MANAGEMENT RULES Brevard, North Carolina
Code of Ordinances
Sec. 77-14. Firearms.
No person except sworn law enforcement officers shall carry or possess firearms of any description or air guns or pellet guns, on or upon the Bracken Preserve. Properly licensed hunters that meet the requirements of section 77-6(b) of this article are exempt from this rule.
(Ord. No. 2012-19, § 2(Ext. A), 7-16-2012)
ARTICLE I. BRACKEN PRESERVE MANAGEMENT RULES Brevard, North Carolina Code of Ordinances
Sec. 77-14. Firearms.
No person except sworn law enforcement officers shall carry or possess firearms of any description or air guns or pellet guns, on or upon the Bracken Preserve. Properly licensed hunters that meet the requirements of section 77-6(b) of this article are exempt from this rule.
(Ord. No. 2012-19, § 2(Ext. A), 7-16-2012)
County of
BRUNSWICK,
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
CHAPTER 84: MISCELLANEOUS OFFENSES
Section
84.01
84.02
84.03
84.04
Discharge of firearms
Disturbing public meetings
Injuring town property
Unreasonable noise
§ 84.01 DISCHARGE OF FIREARMS.
(A) It shall be unlawful for any person to fire or discharge any rifle, gun, pistol, pellet gun, air
gun, air pistol, or air rifle within the town, on or off his premises, in sport or amusement.
(B) Any person who her minor
child under 18 operate, within the town
guilty of a misdemeanor. Penalty, see §
10.99
shall knowingly and willfully permit his or years of age to
discharge, fire, shoot, or any such air rifle or pellet gun, shall be
Statutory reference:
Authority to regulate and restrict firearms, and pellet guns,
see G.S. 160A-189 and 160A-190
County of
BUNCOMBE,
Chapter 54 PARKS AND RECREATION Buncombe County, North Carolina Code of Ordinances
Sec. 54-10. Possession or use of weapons.
The possession or use of weapons in a county park or county owned or operated recreational facility is unlawful. The term “weapons” includes, but is not limited to, the following: firearm, gun, rifle, shotgun, pistol, air rifle, BB gun, blackjack, nightstick, knife, switchblade or any such instrument capable of causing serious bodily injury designed for use as a weapon.
(Ord. No. 18241, § 1(VI), 12-17-85)
DIVISION 1. GENERALLY Buncombe County, North Carolina Code of Ordinances
Sec. 78-578. Purpose.
The purpose of this article is to ensure orderly, attractive, and economically sound development and to protect existing property values within Buncombe County.
(Ord. No. 09-12-01, § 1, 12-1-09)
Sec. 78-579. Jurisdiction.
The provisions of this article shall apply to the portion of Buncombe County specifically identified and delineated on the zoning map entitled “The Official Zoning Map of Buncombe County, North Carolina.” Such map and all explanatory matter thereon accompany and are hereby made a part of this article by reference. The ordinance shall be on file in the office of the Buncombe County Board of Commissioners.
(Ord. No. 09-12-01, § 1, 12-1-09)
Sec. 78-580. Exemptions.
This article shall in no way regulate, prohibit, or otherwise deter any public safety communications tower except that written notice by certified mail of the intent to erect a public safety communications tower shall be sent to all adjoining landowners of the proposed facility and to all owners of property within 500 feet of the proposed facility. No building permit shall be issued for a period of 30 days after sending the notice, unless written statements are received from all parties required to be notified indicating that they have no objection to the facility.
(Ord. No. 09-12-01, § 1, 12-1-09; Ord. No. 11-04-13, § 1, 4-5-11)
Sec. 78-581. Definitions.
The following words, terms, and phrases, when used in this article, including overlay districts, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Shooting range, outdoor commercial means an improved area that is commercially operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, air guns, archery, or any other similar sport shooting in an outdoor environment.
BURGAW,
ARTICLE II. OFFENSES AGAINST PUBLIC SAFETY – Burgaw, North Carolina – Code of Ordinances
Sec. 20-31. – Firearms.
(a)
Discharge prohibited. It shall be unlawful and it is hereby prohibited for any person to shoot or discharge within the corporate limits of the town any firearm. The term “firearm” is hereby defined as being any gun, pistol, rifle, shotgun, paint ball gun or other device which impels with force shot or pellet by means of an explosive shell or cartridge except as permitted pursuant to paragraph (c) of this section.
(b)
Confiscation authorized. The chief of police or any member of the police department is hereby authorized to seize and hold, subject to order of the court, any such firearm which shall be used, shot or discharged within the town in violation of this section.
(c)
Permitted discharge. A person shall be allowed to discharge a firearm within the corporate limits of the Town of Burgaw upon providing satisfactory proof to the town manager or his designee that the applicant has first obtained a permit from the North Carolina Wildlife Resources Commission that authorizes the applicant to harvest deer on the land owned or leased by the applicant that is utilized for raising agriculture crops. That the permit issued by the town to the applicant shall not exceed the duration of the permit as issued to the applicant by the North Carolina Wildlife Resources Commission and such permit may be revoked by the town in the event that the applicant’s permit to harvest deer is revoked by the North Carolina Wildlife Resources Commission or in the event that the applicant is discharging a firearm in violation of the terms and conditions of the permit issued to applicant by the North Carolina Wildlife Resources Commission or is discharging a firearm in disregard to the health and safety of the citizens and residents with the Town of Burgaw and the public. In the event that the applicant’s permit is revoked for discharging a firearm in violation of the terms and conditions of the permit issued by the North Carolina Wildlife Resources Commission or is discharging a firearm in disregard of the health and safety of the citizens and residents of the Town of Burgaw and public as each may be determined upon a satisfactory investigation by Town of Burgaw Police Department and notice is given to the applicant revoking said permit by the Town of Burgaw Police Department, the applicant may appeal such revocation in writing to the town manager within five business days after the date of the notice of revocation of the applicant’s permit is given by the Town of Burgaw Police Department. The town manager or in the absence of the town manager, the town clerk shall hear the applicant’s appeal and shall make a final decision as to whether the applicant’s permit should be reinstated or the revocation should remain in force and effect. The applicant shall not have a right to appeal the revocation of the issued permit if the permit was revoked due to the revocation of the applicant’s permit issued by the North Carolina Wildlife Resources Commission. Prior to the issuance of such permit by the town, the applicant will pay to the town clerk a permit fee of $10.00.
For purposes of this section a firearm is defined as a shotgun not to exceed 12 gauge and shall be utilized with number one buckshot only. No rifle or handgun shall be permitted.
(d)
Penalty. Any person who shall violate any provision of this section shall upon conviction be punished as provided by section 1-6
(Ord. of 6-2-1981, §§ 1—3; Ord. No. 2006-42, §§ 1—5, 8-8-2006)
State law reference— Municipal authority to regulate the discharge of firearms, G.S. 160A-189.
Sec. 20-32. – Concealed handguns.
(a)
It is prohibited, and not within the scope of any concealed handgun permit, for any person to possess or carry a concealed handgun upon any property of the town.
(b)
This section shall not apply to persons exempted from concealed weapons prohibitions under G.S. 14-269.
(c)
The town manager shall post at the entrance to all town property, conspicuous notices prohibiting concealed handguns on town property.
(d)
Any person who violates subsection (a) of this section shall be guilty of a misdemeanor and shall be punished in accordance with section 1-6
(Ord. No. 96-2, § 1, 4-1-1996)
Sec. 20-33. – Projectiles; archery ranges.
No person shall shoot or project any stone, rock, shot or other hard substance by means of a sling shot, bean shooter, shot shooter, air rifle, pop gun, bow or other similar contrivance, provided, that archery shooting may be engaged in on such grounds as may be set aside and approved therefor by the board of commissioners.
County of
BURKE,
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
CHAPTER 84: MISCELLANEOUS OFFENSES
Section
84.01
84.02
84.03
84.04
Discharge of firearms
Disturbing public meetings
Injuring town property
Unreasonable noise
§ 84.01 DISCHARGE OF FIREARMS.
(A) It shall be unlawful for any person to fire or discharge any rifle, gun, pistol, pellet gun, air
gun, air pistol, or air rifle within the town, on or off his premises, in sport or amusement.
(B) Any person who her minor
child under 18 operate, within the town
guilty of a misdemeanor. Penalty, see §
10.99
shall knowingly and willfully permit his or years of age to
discharge, fire, shoot, or any such air rifle or pellet gun, shall be
Statutory reference:
Authority to regulate and restrict firearms, and pellet guns,
see G.S. 160A-189 and 160A-190
BURLINGTON,
ARTICLE I. IN GENERAL – Burlington, North Carolina – Code of Ordinances
Sec. 23-3. – Discharging firearms and other weapons.
No person shall discharge or shoot a gun, air rifle, air pistol or other kind of firearm or similar implement within the city limits; provided, that nothing in this section or any other city ordinance shall be construed to prevent a person over twenty-one (21) years of age from using such air-guns.
County of
CABARRUS,
Chapter 46 OFFENSES AND MISCELLANEOUS PROVISIONS – Cabarrus County, North Carolina – Code of Ordinances
Sec. 46-2. – Use of firearms.
(a)
It shall be unlawful for any person to use and discharge any firearm, BB gun, or air compression gun of any kind, nature, make, or description within a distance of 500 yards of any business or residential district in the county situated outside the corporate limits of any and all municipalities in the county.
(b)
A business or residential district within the meaning of this section shall be that territory continuous to a street or highway where 75 percent or more of the frontage thereon for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business purposes.
(c)
Nothing in this section shall be construed so as to prohibit any person from discharging any firearm in protection of his person, family, guests, or property.
(d)
Any person violating the provisions of this section shall, upon conviction thereof, be punished in accordance with section 1-7
(Ord. of 7-3-67, §§ 1—4)
Cross reference— Possession, transportation and transfer of dangerous weapons during state of emergency, § 22-58; carrying concealed weapons, § 46-4; firearms in parks prohibited, § 50-4.
State law reference— Authority to regulate, restrict or prohibit the discharge of firearms, G.S. 153A-129; authority to regulate the use of pellet guns, G.S. 153A-130
ARTICLE I. IN GENERAL – Cabarrus County, North Carolina – Code of Ordinances
Sec. 50-4. – Weapons; explosives; alcoholic beverages; drugs; dangerous substances.
It shall be unlawful for any person to bring into or have in his possession any weapon (or any device that, in the reasonable opinion of county law enforcement authorities or park officials can be used as a weapon) including without limitation:
(1)
Any knife (other than reasonably used for picnic or camping purposes), rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow, arrow or any other device or item in which the propelling force is gunpowder, a spring or air, or which is propelled by muscular force, or any explosive of any kind or nature.
CAROLINA BEACH,
ARTICLE I. IN GENERAL – Carolina Beach, North Carolina – Code of Ordinances
Sec. 10-12. – Use of firearms generally; weapons prohibited on town property.
(a)
It shall be unlawful for any person to shoot, cause to be ejected, or otherwise discharge a pellet or other projectile from any rifle, pistol, air rifle, pistol, air rifle, BB gun, or similar device within five hundred (500) feet of any dwelling unit within the corporate limits of the town, except when used in defense of person or property or pursuant to lawful directions of law enforcement officers. Provided, however, that nothing in this section shall be construed to prevent the operation of shooting galleries and similar amusement devices where such galleries and operations are suitably located and equipped with necessary safety devices.
County of
CARTERET,
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
CHAPTER 84: MISCELLANEOUS OFFENSES
Section
84.01
84.02
84.03
84.04
Discharge of firearms
Disturbing public meetings
Injuring town property
Unreasonable noise
§ 84.01 DISCHARGE OF FIREARMS.
(A) It shall be unlawful for any person to fire or discharge any rifle, gun, pistol, pellet gun, air
gun, air pistol, or air rifle within the town, on or off his premises, in sport or amusement.
(B) Any person who her minor
child under 18 operate, within the town
guilty of a misdemeanor. Penalty, see §
10.99
shall knowingly and willfully permit his or years of age to
discharge, fire, shoot, or any such air rifle or pellet gun, shall be
Statutory reference:
Authority to regulate and restrict firearms, and pellet guns,
see G.S. 160A-189 and 160A-190
County of
CATAWBA,
ARTICLE II. PUBLIC USE OF COUNTY GROUNDS FOR ASSEMBLY Catawba County, North Carolina Code of Ordinances
Sec. 34-27. Assembly.
(a)
Definitions. The following words, terms and phrases, when used in this Article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning
(3)
Dangerous weapon means any device or substance designed or capable of being used to inflict serious injury to any person or property; including, but not limited to: firearms, air guns, BB guns, pellet guns, knives or razors with a blade more than three inches in length, metallic knuckles, clubs, blackjacks, nightsticks, dynamite cartridges, bombs, grenades, explosives, Molotov cocktails, and sword canes.
ARTICLE IV. USE OF COUNTY PARKS AND RECREATIONAL AREAS Catawba County, North Carolina Code of Ordinances
Sec. 20-99. Park and recreational area preservation and prohibited activities
(i)
Weapons, explosives, alcoholic beverages, drugs, etc. It shall be unlawful for any person to bring into or have in his possession:
(1)
Any rifle, shotgun, handgun, BB gun, air gun, spring gun, slingshot, bow, or other weapon in which the propelling force is gunpowder, a spring or air or any explosive of any kind;
CHAPEL HILL,
ARTICLE I. IN GENERAL Chapel Hill, North Carolina Code of Ordinances
Sec. 11-6. Discharge of firearms, pellet guns.
It shall be unlawful for any person, other than a law enforcement officer acting in discharge of his duties or a citizen lawfully exercising defensive force, to discharge any gun, rifle, air rifle, BB gun, pistol, pellet gun or firearms of any description, including any other mechanism or device designed or used to project a missile by compressed air or mechanical action, within the town limits.
Violation of this section shall constitute a misdemeanor and each violation is punishable by a fine of up to five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.
(Ord. of 7-10-61, § 1; Ord. No. 92-4-13/O-4, § 13; Ord. No. 2012-05-30/O-1, § 1)
Cross reference— Additional restrictions on possession and display of firearms, §§ 11-131 et seq.
State law reference— Permitting children to use firearms, G.S. § 14-316.
HAYS,
ARTICLE I. IN GENERAL Charlotte, North Carolina Code of Ordinances
Sec. 15-13. Shooting
(b)
It shall be unlawful for any person in the city, to shoot with bow and arrow or to shoot missiles of any description from slings, spring guns or instruments of any kind, except in a licensed shooting gallery or range or by permission of the city council.
THE CHEROKEE CODE
of
THE EASTERN BAND OF THE CHEROKEE NATION
ARTICLE VIII. WEAPONS OFFENSES – Cherokee Indians Eastern Band, North Carolina – Code of Ordinances
Sec. 14-34.1. – Educational property
(4)
Weapon. Any gun rifle, pistol, or other firearm of any kind, a knife, or any dynamite cartridge, bomb, grenade, mine, powerful explosive as defined in North Carolina law, BB gun, air rifle, air pistol, bowie knife, dark, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), and any sharp- pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, of educational property.
CHINA GROVE,
ARTICLE II. WEAPONS – China Grove, North Carolina – Code of Ordinances
Sec. 38-35. – Discharge of firearms and other weapons firing projectile.
No person shall fire or discharge any firearm, air rifle, spring type rifle, bow and arrow, slingshot, crossbow or other similar device which discharges a projectile within the corporate limits of the town, unless such firing or discharge is lawfully used in defense of person or property or pursuant to lawful directions of law enforcement officers.
(1)
The police department is authorized to issue permits to qualified individuals to discharge such devices in an effort to eradicate pests or other vermin, and to set such limits or restrictions as to the caliber, ammunition, hours, or other such measures as deemed prudent. Such permits will be valid for a period of 30 days, unless an extension is requested by the applicant and granted by the police department.
(2)
Police officers performing official duties are exempt from the provisions of this section.
(Code 1977, § 8-6004; Code 1993, § 20-33; Ord. of 7-11-1989, § 1)
CLEMMONS,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
County of
CLEVELAND,
ARTICLE II. USE OF PUBLIC RECREATION AREAS Cleveland County, North Carolina Code of Ordinances
Sec. 7-29. Unlawful acts.
(a)
Generally. It shall be unlawful for any person to commit any of the following acts at any public recreation area:
(b)
Possession of firearms. It shall be unlawful for any person, other than a person permitted to carry a concealed handgun under NCGS 14-415.11, to possess any firearm, air gun, explosives or fireworks at any public recreation area
ARTICLE III. RULES AND REGULATIONS OF BROAD RIVER GREENWAY AREA Cleveland County, North Carolina Code of Ordinances
Sec. 7-31. Firearms and weapons.
(a)
It shall be unlawful for any person, other than authorized Greenway employees and/or law enforcement officers while engaged in the duties of their office and/ or a person permitted to carry a concealed handgun under NCGS 14-415.11, to carry or possess any firearm, air gun, bow and arrow, or other lethal weapon while within the boundaries of the Greenway. A violation of this section shall be punishable as a class 3 misdemeanor.
(b)
It shall be unlawful for any person, except as may be authorized by a permit duly issued, to possess or use any fireworks or explosives within the boundaries of the Greenway. A violation of this provision shall be punishable as a class 3 misdemeanor.
(Ord. of 5-6-97; Amd. of 5-2-06(1))
CLINTON,
DIVISION 1. GENERALLY – Clinton, North Carolina – Code of Ordinances
Sec. 18-52. – Firearms.
It shall be unlawful for any person, except duly authorized recreation department employees, officials, or law enforcement officers in the course of their duties, to discharge, shoot, fire or explode any firearm, or any air rifle, toy pistol, toy gun, or other toy designed to forcibly hurl a projectile or missile, at any time and under any circumstances within any recreation area, or to carry any firearms or dangerous weapons in any recreation area. Archery equipment, slingshots or other similar devices shall be shot or discharged only in those areas within the recreation department specifically set aside for such purposes and so posted.
(Code 1975, § 18-25)
Cross reference— Discharging firearms in the city, § 16-3.
CONCORD,
ARTICLE I. IN GENERAL – Concord, North Carolina – Code of Ordinances
Sec. 42-4. – Discharging air-operated or gas-operated guns.
It shall be unlawful for any person to shoot or discharge in any manner any type of pistol, revolver or rifle operated by use of air or gas, whether compressed or otherwise, within the corporate limits of the city. In addition to the civil penalties provided for in section 1-6, violation of this section shall be a misdemeanor punishable by a fine not to exceed $50.00 as provided for in G.S. 14-4.
(Code 1987, § 9-7; Ord. No. 02-44, § 1, 7-11-02)
State law reference— Permitting young children to use dangerous firearms, G.S. 14-316; authority to regulate pellet guns, G.S. 160A-190.
CONOVER,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
CRAVEN COUNTY,
ARTICLE I. IN GENERAL Craven County, North Carolina Code of Ordinances
Sec. 28-1. Regulations of public recreation areas
(15)
Firearms, golf balls, bicycles, skateboards, fireworks, etc.
a.
It shall be unlawful for any person, except law enforcement officers in the course of their duty, to carry, use or possess a firearm or other dangerous weapon of any nature, including but not limited to air rifles, BB guns, toy pistols, toy guns, or other toy arms designed to forcibly hurl a projectile or missile at any time or under any circumstances, within a public recreation area.
ARTICLE II. BOAT LANDING SITES Craven County, North Carolina Code of Ordinances
Sec. 28-26. Alcoholic beverages, illegal drugs, firearms, explosives prohibited
(b)
It shall be unlawful for any person, except law enforcement officers, to possess a loaded firearm or any other dangerous weapon of any nature, including, but not limited to, archery equipment, air rifles, BB guns, pellet guns or other arms designated to forcibly hurl a projectile or missile at any time or under any circumstances within the recreation area.
County of
CUMBERLAND,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
County of
CURRITUCK,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
DAVIDSON,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
DOBSON,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
DUNN,
ARTICLE I. IN GENERAL – Dunn, North Carolina – Code of Ordinances
Sec. 13-6. – Firearms, pellet guns.
(a)
It shall be unlawful for any person to discharge any gun, pistol, rifle or firearm of any type, air rifle, air pistol, or other pellet gun within the city, except a police officer or other law enforcement officer in the performance of his duty, when used in the defense of person or property or pursuant to lawful directions of law enforcement officers.
(b)
Upon violation of the provisions of subsection (a) of this section, the gun, pistol, rifle or other firearm, air rifle, air pistol, or other pellet gun, with reference to which the defendant shall have been convicted, shall be confiscated and shall be ordered disposed of by the presiding judge at the trial, as provided by the General Statutes of North Carolina.
(Code 1974, § 15-6)
Cross reference— Weapons in parks, § 15-99.
State law reference— Authority of city to regulate, restrict or prohibit discharge of firearms, G.S. 160A-189; regulation of pellet guns by city, G.S. 160A-190.
DURHAM,
ARTICLE II. WEAPONS Durham, North Carolina Code of Ordinances
Sec. 46-21. Discharging weapons—Generally.
(a)
It shall be unlawful for any person other than an officer authorized by law, or upon a range legally permitted by the chief of police, to discharge or shoot any firearm, pump gun, air rifle, air pistol, BB gun, crossbow, bow and arrow, slingshot, or any other weapon of like kind within the city.
(b)
Subsection (a) shall not apply when the weapon is discharged or shot:
(1)
In defense of person or property;
(2)
Pursuant to the lawful directions of a law enforcement officer;
(3)
In a city park for ceremonial or recreational purposes, provided that such person has first obtained, in writing, permission from the director of parks and recreation or his or her designee. In no event shall permission be given for the discharge of live ammunition;
(4)
In a cemetery for the purpose of conducting a military or law enforcement funeral or commemorative exercise provided that such person has first obtained, in writing, permission from the city manager or his or her designee. In no event shall permission be given for the discharge of live ammunition; and
(5)
On state-designated game lands.
(Code 1964, § 13-29; Code 1982, § 12-20; Ord. No. 9738, § 1, 12-21-1992; Ord. No. 10065, §§ 1, 2, 2-7-1994; Ord. No. 14435, 4-15-2013)
Editor’s note—
Ord. No. 14435, adopted April 15, 2013, changed the title of section 46-21 from “Discharging firearms—Generally” to “Discharging weapons—Generally.” The historical notation has been preserved for reference purposes.
Charter reference— Authority to regulate, § 60.
Dangerous weapon means any firearm, pump gun, air rifle, air pistol, BB gun, crossbow, bow and arrow, bowie knife, dirk, dagger, slingshot, loaded cane, metallic knuckles, razor, shuriken, stun gun, switch blade knife, black jack, or any other weapon of like kind.
ARTICLE III. LITTLE RIVER LAKE AREA Durham, North Carolina Code of Ordinances
Sec. 38-157. Firearms.
(a)
It shall be unlawful for any person to possess a firearm, air rifle, air pistol, pump gun, or other similar weapon of any kind in or upon the Little River Lake Area. This section shall not apply to sworn law enforcement officers, and the lawful carrying of a concealed handgun by a person pursuant to a permit issued under G.S. 14-415.10 et seq.
(b)
For violation of this section, the maximum fine shall be $500.00, and the maximum term of imprisonment shall be 30 days.
(Code 1982, § 13-90; Ord. No. 7532, § 1, 6-20-1988; Ord. No. 9738, § 1, 12-21-1992; Ord. No. 10626, § 7, 11-6-1995)
County of
DURHAM,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
EMERALD ISLE,
ARTICLE I. IN GENERAL – Emerald Isle, North Carolina – Code of Ordinances
Sec. 12-3. – Use of firearms and hunting prohibited.
It shall be unlawful to use, hunt with, or discharge within the corporate limits of the town any shotgun, rifle, pistol, pellet gun, air pistol, air rifle, bow and arrow, or other firearms except for the purposes and in the manner set forth in this section:
(1)
When used in the defense of person or property;
(2)
When used or discharged pursuant to lawful directions of law enforcement officers;
(3)
When possessed, used, or discharged by law enforcement officers pursuant to their duties;
(4)
When using a bow and arrow, pellet gun, air pistol, or air rifle exclusively for target practice; however, the term “target practice” specifically forbids the hunting or shooting at animals by means of a bow and arrow, pellet gun, air pistol, or air rifle, or
(5)
When used by approved bow hunters selected, authorized, and directed by the town solely for the purpose of reducing the deer population within the town; approved bow hunters selected by the town for these activities shall be properly licensed, shall be required to demonstrate sufficient knowledge of safe and ethical bow hunting practices in an urban environment, and shall be required to demonstrate shooting proficiency to the town.
(Ord. of 12-13-11(1), § 1 )
Editor’s note—
An ordinance adopted December 13, 2011(1), § 1, amended section 12-3 in its entirety to read as herein set out. Formerly, section 12-3 pertained to firearms and derived from the Code of 1983, § 8-1004.
State law reference— Authority to regulate and restrict firearms and pellet guns, G.S. 160A-189, 160A-190.
FAYETTEVILLE,
Chapter 17 OFFENSES AND MISCELLANEOUS PROVISIONS Fayetteville, North Carolina Code of Ordinances
Sec. 17-4. Use of firearms regulated.
(a)
It shall be unlawful and is hereby prohibited for any person to shoot or discharge within the corporate limits of the city any gun or pistol, air rifle, spring gun or pistol, compressed-air rifle or pistol or other similar device which impels with force, by compressed air or mechanical action, emits a shot or pellet of any kind, except as follows:
(1)
When used in defense of person or property or pursuant to lawful directions of law enforcement officers;
(2)
By law enforcement officers when in the discharge of their duties or for purposes of training; and
(3)
Indoor firing ranges constructed and operated according to the following provisions:
a.
That such facility meets all applicable OSHA guidelines and requirements concerning the construction and operation of an indoor firing range.
b.
That such facility maintains liability insurance through a company licensed in the state, with a minimum of $250,000.00 coverage and a maximum of $10,000.00 deductible.
c.
That the walls and ceiling of the indoor firing range be constructed such that any rounds, ammunition, or projectiles utilized in the firing range cannot penetrate the walls and ceiling or floor of the firing range.
d.
That there be no unreasonably loud or disturbing noise outside the building resulting from the use of firearms.
e.
That, during all hours of operation, there shall be on the premises, at the range, a range supervisor, who shall have obtained a certificate of completion of the National Rifle Association’s Firearms Safety Course or an equivalent course conducted by an appropriate governmental agency, educational institution, or nationally recognized private firearms safety training certification organization.
f.
Any firearms training offered on the premises shall be taught by an instructor with the proper instructor qualification certification for the type of course such instructor is to teach (e.g., for pistol, rifle, shotgun, etc.) by the National Rifle Association or equivalent certification by an appropriate governmental agency, educational institution, or nationally recognized private firearms instructor certification organization.
(4)
Hunting, or other firing or discharge of weapons, where not otherwise prohibited by law, by using shotguns loaded with bird shot, air guns, or primitive weapons such as bows and arrows upon a tract or parcel of land at least 50 contiguous acres in size, under the same or joint ownership, with no structures located thereon that are inhabited or used for residential or commercial purposes, and:
a.
The hunting, or any firing or discharge of a weapon, is done only by the legal owner or joint owner of the property and/or invitees of the owner or joint owner; and
b.
Any firing or discharge of a weapon authorized in this subsection shall be at least 100 yards from the boundary line of such property and in a direction opposite the boundary line and towards the interior of the 50-acre tract or parcel.
(b)
Each violation of this section shall be deemed a separate violation.
(Code 1961, § 21-16.1)
State law reference— Regulation of firearms, G.S. 160A-189 et seq.
FOREST CITY,
ARTICLE I. IN GENERAL – Forest City, North Carolina – Code of Ordinances
Sec. 15-7. – Fines assessed for infractions.
(a)
Possess and or consume an alcoholic beverage in or on city park property while signs posted showing same to be prohibited …..$25.00
(b)
Use profane language by cursing while signs posted showing same to be prohibited …..25.00
(c)
Possess a firearm, air rifle, pistol, crossbow, bows, explosive device, air gun, bowie knife, dirk, dagger, sling shot, leaded cane, switchblade knife, blackjack, metallic knuckles, razor knife, shurikins, stun gun, or any deadly weapon as defined in the North Carolina General Statutes, unless as authorized by the director or law …..25.00
(d)
Chapter 13 OFFENSES – Forest City, North Carolina – Code of Ordinances
Sec. 13-4. – Non-firearm distance weapons.
(a)
It shall be unlawful for any person to cast, fire, shoot or discharge within the town any air rifle, spring gun or pistol, compressed air rifle or pistol, bow, crossbow, blowgun, slingshot, peashooter or other similar device which impels with force a shot, dart or pellet whether solid, liquid or particulate. No person shall throw a knife or throwing star off the property of the owner. This section shall not apply to the following:
(1)
Law enforcement officers while engaged in the lawful discharge of their duties or while at the police department’s firing range.
(2)
Any person while exercising a legal right to defend persons or property.
(3)
Any archery meet sponsored or permitted by the recreation director.
(b)
The chief of police or any police officer is hereby authorized to seize, hold and dispose of, subject to court order, any device in violation of this section.
(c)
No device prohibited by subsection (a) of this section nor any replica or facsimile thereof shall be carried, held or displayed in or on any park grounds or building owned, leased or maintained by the town. This subsection is subject to the exceptions listed in subsection (a) of this section.
(Code 1987, § 130.22)
County of
FORSYTH,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
FOXFIRE VILLAGE,
ARTICLE I. IN GENERAL – Foxfire Village, North Carolina – Code of Ordinances
Sec. 22-1. – Discharge of firearms.
It shall be unlawful for any person to shoot or discharge within the corporate limits any air rifle, pellet gun, gun or pistol, or any spring gun, pistol or other similar device or firearm which impels with force a shot or pellet of any kind. The chief of police or any member of the police department is hereby authorized to seize and hold subject to order of court any such air rifle, pellet gun, gun, spring gun or pistol, or other similar device or firearm which impels with force any shot or pellet of any kind, which shall be used, shot or discharged within the corporate limits in violation of this section.
(Code 1979, § 8-23; Code 1993, § 20-2; Code 2002, § 18-2)
State law reference—Municipal authority to restrict, regulate, etc., weapons generally, G.S. 160A-183; authority to regulate firearms, G.S. 160A-189.
County of
FRANKLIN,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
GARNER,
ARTICLE I. IN GENERAL Garner, North Carolina Code of Ordinances
Sec. 18-1. Discharge of firearms; seizure of firearms; applicability of section.
(a)
It shall be unlawful for any person to shoot or discharge within the corporate limits of the town or on any town-owned property any gun, pistol or other firearm, or air rifle, pellet gun, BB gun, or similar device, by whatever name, for throwing a metal projectile by use of spring action or compressed air.
County of
GASTON,
ARTICLE I. IN GENERAL – Gaston County, North Carolina – Code of Ordinances
Sec. 12-4. – Weapons; explosives; alcoholic beverages; drugs, dangerous substances.
Except as listed below, it shall be unlawful for any person to bring into or have in his possession any weapon (or any device that, in the reasonable opinion of county law enforcement authorities or park officials, can be used as a weapon) or substance, including without limitation:
(1)
Any knife (other than reasonably used for picnic or camping purposes), rifle, handgun, shotgun, BB gun, air gun, spring gun, sling-shot, bow, arrow or any other device or item in which the propelling force in gunpowder, a spring or air, or which is propelled by muscular force, or any explosive of any kind or nature.
Chapter 5 GENERAL OFFENSES Gastonia, North Carolina Code of Ordinances
Sec. 5-8. Dangerous weapons.
(a)
Subject to subsections (b) and (c), no person may fire, discharge or shoot within the city any rifle, shotgun, handgun or other firearm, or air rifle, air pistol, BB gun, pellet gun, pump gun, bow and arrow, slingshot, or similar contrivance, nor may any person brandish or display in a threatening manner any of the foregoing.
ARTICLE IV. PARKS AND GREENWAYS Gastonia, North Carolina Code of Ordinances
Sec. 7-52. Weapons.
Except as hereinafter provided, no person shall carry a knife having a blade of three inches or longer or have any BB gun, air rifle, pistol, firearm, bow and arrow or any other type of weapon on or in any park or greenway. An individual with a valid and current concealed handgun permit may carry such weapon as depicted in the concealed handgun permit on or in the park or greenway.
(Ord. No. 12-612, § 1, 6-5-12)
GRAHAM,
ARTICLE I. IN GENERAL Graham, North Carolina Code of Ordinances
Sec. 12-4. Firearms; projectiles.
(a)
No person shall discharge or shoot a gun, air rifle, air pistol, crossbow or other kind of firearm or similar implement within the city limits; provided that nothing in this section or any other city ordinance shall be construed to prevent a person over 21 years of age from using a .22-caliber rifle with shot cartridges or a shotgun not larger than 20-gauge, using not larger than No. 8 shot, upon property owned or occupied by him, or a person authorized by the chief of police from firing upon pigeons, poisonous reptiles, starlings, squirrels or rabbits (when not in violation of state law), if such person shall first procure a permit from the chief of police for such purpose. The permit shall remain in effect for a period of not more than 60 days, whereupon said permit shall automatically expire and shall be renewed only three times during any one calendar year. The permit shall authorize firing during daylight hours on weekdays only upon premises owned or occupied by the applicant or persons approved by the chief of police, and it shall be revocable by the chief of police upon violation of its conditions or upon complaint that the permit holder is not exercising his privilege in a careful and prudent manner and with due regard to life and property.
DIVISION 3. CITY PARKS Graham, North Carolina Code of Ordinances
Sec. 14-93. Firearms.
It shall be unlawful for any person, except law enforcement officers in the course of their authorized duty, to carry or discharge any firearm device. This regulation shall include, but not be limited to, any air rifles or toy guns or pistols designed to hurl a dangerous projectile.
(Code 1983, § 9-68; Ord. of 9-1-1981, § 11; Ord. of 3-5-1996(3)
ARTICLE III. PUBLIC USE OF GRAHAM-MEBANE LAKE Graham, North Carolina Code of Ordinances
Sec. 14-127. General regulations.
The following regulations apply to use of Graham-Mebane Lake:
(4)
It shall be unlawful for any person, except law enforcement officers in the course of their authorized duty, to carry or discharge any firearm device. This regulation shall include, but not be limited to, any air rifles or toy guns or pistols designed to hurl a dangerous projectile
County of
GRANVILLE,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
GREENSBORO,
ARTICLE II. OFFENSES AGAINST PUBLIC SAFETY Greensboro, North Carolina Code of Ordinances
Sec. 18-22. Projectiles; archery ranges.
No person shall, within the corporate limits of the city, or within any area owned or leased by the city, shoot or project any stone, rock, shot or other hard substance by means of a slingshot, bean shooter, shot shooter, air rifle, popgun, bow or other similar contrivance; provided, that archery shooting may be engaged in on such grounds as may be set aside and approved therefor by the city manager, and designated as archery ranges. Nothing in this section shall in any manner limit or interfere with fishing in Lake Brandt, Lake Higgins or Lake Townsend or prohibit the firing of air rifles in established galleries.
(Code 1961, § 13-15)
State law reference— Authority to restrict discharge of pellet guns, G.S. § 160A-190.
Sec. 18-25. Deadly weapons prohibited.
(a)
Definitions. For purposes of this section, “deadly weapon” means any gun, rifle, pistol or other firearm of any kind, any explosive as defined in N.C.G.S. 14-284.1, any knife or dagger, any BB gun, air rifle, air pistol or any other weapon specified in N.C.G.S. 14-269, 14-269.2 or 14-288.8. This section shall not apply to an ordinary pocket knife carried in a closed position. As used in this section, “ordinary pocket knife” means a small knife, designed for carrying a pocket, which has its cutting edge and point fully enclosed by its handle and that may not be opened by a throwing, explosive or spring action.
(b)
Possession. It shall be unlawful for a person to possess, on or about his person, either concealed or otherwise, any deadly weapon as defined above, while on the premises of any city-owned or operated building, including the appurtenant premises or in any city-owned park. This prohibition does not apply to such weapon which is otherwise lawfully stored within a motor vehicle.
(c)
Penalty. Violation of this section shall constitute a misdemeanor punishable by thirty (30) days imprisonment or a fine of up to five hundred dollars ($500.00) as determined by the court.
County of
GUILFORD,
Chapter 13 PARKS AND RECREATION – Guilford County, North Carolina – Code of Ordinances
Sec. 13-5. – Firearms, fireworks, etc.
It shall be unlawful for any person, except duly authorized county employees or agents in the course of their duty, to discharge, shoot, fire or explode, or cause to be discharged, shot, fired or exploded, any firearm including, but not limited to, air rifles, toy pistols, toy guns or other toy arms designed to forcibly hurl a projectile or missile at any time or under any circumstances within any park, or to carry any firearms in any park. The use of fireworks of any type is expressly prohibited except at approved and permitted events. Archery equipment, slingshots or other similar devices shall be shot or discharged only in those areas within the parks which are specifically set aside for such purposes and so posted.
(Ord. of 5-31-90, § 4)
Cross reference— Fire prevention and protection, ch. 9.
County of
HALIFAX,
ARTICLE I. IN GENERAL – Halifax County, North Carolina – Code of Ordinances
Sec. 2-2. – Courthouse weapon searches
(b)
Weapons prohibited under this section are weapons as defined in G.S. 14-269, which are prohibited from being carried concealed. Also prohibited are other weapons of mass destruction as defined in G.S. 14-288.8, as well as any firearm, air or gas gun, or any substance which could be used in conjunction with other items to cause obnoxious fumes, smoke or explosions.
HENDERSON,
Chapter 10 OFFENSES—MISCELLANEOUS – Henderson, North Carolina – Code of Ordinances
Sec. 10-42. – Weapons, bows, slings, etc.
No person shall shoot missiles of any description from any bow, sling, bean shooter, spring gun or other instrument or weapon.
(Code 1967, § 10-33)
State law reference— Authority of city to regulate pellet guns, etc., G.S. 160A-190; discharge of firearms in cemeteries, § 4-24.
HENDERSONVILLE,
ARTICLE III. OFFENSES AGAINST PUBLIC SAFETY Hendersonville, North Carolina Code of Ordinances
Sec. 36-81. Projectiles.
(a)
No person shall shoot or project any stone, rock, shot or other hard substance within the city by means of a slingshot, bean shooter, shot shooter, air rifle, pop gun, bow or other similar contrivance; provided, however, that archery shooting may be engaged in on such grounds as may be set aside and approved therefor by the city council.
(b)
It shall be unlawful to cast, throw or propel any missile on any public street, alley or any public building in the city.
(Code 1971, §§ 19-32, 19-37)
State law reference— Shooting or throwing at trains or passengers, G.S. 14-280.
HICKORY,
Chapter 21 OFFENSES—MISCELLANEOUS – Hickory, North Carolina – Code of Ordinances
Sec. 21-13. – Use of weapons.
(a)
No person shall shoot any firearm within the city or shoot with a bow and arrow or shoot missiles of any description from slings, spring guns, air guns, BB guns, air pistols or instruments of any kind.
(b)
Subsection (a) shall not apply when a weapon is used in a lawful manner:
(1)
In defense of person or property;
(2)
Pursuant to lawful directions of law enforcement officers;
(3)
By a law enforcement officer in the discharge of his duties; or
(4)
In a licensed shooting gallery.
(c)
It is unlawful for any person with or without a permit to carry a handgun or other weapon concealed or otherwise into municipal buildings, including libraries, city hall, public services facility, city garage, fire stations, city police facilities, or other municipally owned buildings and their respective parking lots; provided, however, that this section shall not apply to federal, state, county or city law enforcement officers when acting in the discharge of their official duties. Any person convicted of violating this provision of this section shall be guilty of a misdemeanor and shall be punished by fine, imprisonment or both in the discretion of the court.
(d)
Subsection (c) above shall not apply to the premises of municipal parks or other recreational facilities and their adjacent parking lots with regard to the carrying of handguns by persons with lawful conceal carry permits. Persons with concealed carry permits may carry concealed handguns onto the premises of municipal parks and other recreational facilities and their adjacent parking lots. This subsection (d) shall solely apply to the carrying of handguns. It is unlawful for any person with or without a permit to carry other types of firearms or other weapons into municipal parks and other recreational facilities and their respective parking lots.
(Code 1981, § 21-13; Amend. No. 2, 11-21-95; Amend. No. 4, § 1, 12-20-11)
State law reference— Discharging certain weapons into occupied property, G.S. 14-34.1; authority of city to regulate firearms and pellet guns, G.S. 160A-189, 160A-190.
HIGH POINT,
CHAPTER 1 Specific Offenses – High Point, North Carolina – Code of Ordinances
Sec. 12-1-7 – Firearms or other weapons, display and discharge prohibited; exceptions.
(a)
It shall be unlawful for any person to fire, discharge or shoot within the city any gun, pistol, air gun, BB gun, pellet gun, bow and arrow, slingshot, or other similar contrivance of firearm, on or off his premises, except in legally established shooting galleries or ranges, in the discharge of duty by law enforcement officers, pursuant to lawful directions of law enforcement officers, or in lawful defense of person or property.
(b)
It shall be unlawful to brandish or display in a threatening manner any firearm or dangerous weapon on any street, sidewalk, alley, or other public property within the city except as necessary and consistent with those conditions that would allow lawful discharge of such firearms or weapons pursuant to the provisions of this section.
(c)
[Reserved.]
(Ord. No. 12-2-82; Ord. No. 87-122, §§ 1, 2, 11-19-87; Ord. No. 95-82, § 1, 9-21-95; Ord. No. 95-89, § 1, 10-5-95)
HIGHLANDS,
ARTICLE II. WEAPONS OFFENSES – Highlands, North Carolina – Code of Ordinances
Sec. 9-28. – Discharge of firearms and other mechanisms within corporate limits prohibited.
As allowed by G.S. § 160A-189 and G.S. § 160A-190, the town prohibits the discharge of any firearm, pellet gun, paintball gun, or any other mechanism or device designed or used to project a missile by compressed air or mechanical action at any time or place within the corporate limits of the town except when used in the following specific circumstances:
(1)
In defense of person or property;
(2)
To destroy any rabid or marauding animal; or
(3)
When the mechanism is a nail gun or similar tool being used for its intended purpose.
(Ord. No. 2011-11-Ord, 9-20-11)
HILLSBOROUGH,
ARTICLE II. OTHER GENERAL OFFENSES Hillsborough, North Carolina Code of Ordinances
Sec. 5-6. Discharge of firearms, air rifles and other weapons.
(a)
Subject to subsection (b) of this section, no person may discharge any firearm within the town.
(b)
Subsection (a) of this section shall not apply to: (i) private citizens acting in justifiable self-defense or pursuant to the lawful directions of a police officer; (ii) police officers acting in a lawful performance of their duties; or (iii) other individuals authorized by the town.
(c)
No person may discharge or shoot within the town any air rifle, air pistol, BB gun, pellet gun, pump gun, bow and arrow, or similar weapon within 100 yards of any building or house or gathering of people.
(Prior Code, § 5-6; Ord. of 12-13-2004)
State law reference— Municipal regulation of firearm discharge, G.S. 160A-189; regulation of pellet guns, G.S. 160A-190.
HOLLY SPRINGS,
DIVISION 3. OTHER OFFENSES – Holly Springs, North Carolina – Code of Ordinances
Sec. 12-343. – Discharging guns, firearms, firecrackers, regulated.
(1)
No person shall fire or otherwise discharge any type of gun, firearm, firecracker, cannon cracker, pistol, or other explosive within the town limits, unless:
(a)
Such firing or discharge is made pursuant to an approved recreational or instructional program supervised by competent authority acceptable to either the director of parks and recreation or the chief of public safety; or
(b)
When lawfully used in defense of person or property pursuant to lawful direction of law enforcement officers; or
(c)
The fireworks are those which are permitted under applicable state statute at the time, in which case they may be discharged.
(2)
Provided this section shall not prohibit the discharge of non-explosive firearms such as BB guns, pellet guns, air rifles, crossbows, and bows and arrows, only by persons over the age of 16 years and provided that there is a minimum of 200 feet from the point of discharge to the nearest adjacent property line.
(3)
The police department is authorized to issue permits to qualified individuals to discharge such devices in an effort to eradicate pests or other vermin, and set such limits or restrictions as to caliber, ammunition, hours or other such measures as deemed prudent. Such permits shall be valid for a period of 30 days, unless an extension is requested by the applicant and granted by the police department.
(4)
Law enforcement officers performing official duties are exempt from the provisions of this section.
(5)
Violation of the section shall be punished by a Class 1 misdemeanor or a civil penalty of $100.00 pursuant to G.S. 160A-175, at the discretion of the charging officer. In determining whether the remedy sought against the offender is criminal or civil, the officer shall take into the following considerations:
(a)
The extent to which the violation creates an unsafe situation for either the offender, adjacent landowners, or the public in general, and the severity of that unsafe situation; and
(b)
The responsiveness of the offender to voluntarily comply with the ordinance requirement; and
(c)
The amount and nature of previous violations of this section.
The fine for violation of this section, regardless of whether a civil or criminal remedy is sought, shall be $100.00. Each offense shall constitute a separate and continuing violation and shall be a distinct offence.
(Code 1982, § 8-1004; Ord. No. 05-09, § 1(8-1004), 7-19-2005)
HOPE MILLS,
DIVISION 1. GENERALLY – Hope Mills, North Carolina – Code of Ordinances
Sec. 58-86. – Firearms regulated.
(a)
It shall be unlawful and is hereby prohibited for any person to shoot or discharge within the corporate limits of the town any gun or pistol, air rifle, spring gun or pistol, compressed-air rifle or pistol or other similar device which impels with force, by compressed air or mechanical action, emits a shot or pellet of any kind, except as follows:
(1)
When used in defense of person or property or pursuant to lawful directions of law enforcement officers;
(2)
By law enforcement officers when in the discharge of their duties or for purposes of training; and
(3)
Indoor firing ranges constructed and operated according to the following provisions:
a.
That such facility meets all applicable OSHA guidelines and requirements concerning the construction and operation of an indoor firing range.
b.
That such facility maintains liability insurance through a company licensed in the state, with a minimum of $250,000.00 coverage and a maximum of $10,000.00 deductible.
c.
That the walls and ceiling of the indoor firing range be constructed such that any rounds, ammunition, or projectiles utilized in the firing range cannot penetrate the walls and ceiling or floor of the firing range.
d.
That there be no unreasonably loud or disturbing noise outside the building resulting from the use of firearms.
e.
That, during all hours of operation, there shall be on the premises, at the range, a range supervisor, who shall have obtained a certificate of completion of the National Rifle Association’s Firearms Safety Course or an equivalent course conducted by an appropriate governmental agency, educational institution, or nationally recognized private firearms safety training certification organization.
f.
Any firearms training offered on the premises shall be taught by an instructor with the proper instructor qualification certification for the type of course such instructor is to teach (e.g., for pistol, rifle, shotgun, etc.) by the National Rifle Association or equivalent certification by an appropriate governmental agency, educational institution, or nationally recognized private firearms instructor certification organization.
(4)
Hunting, or other firing or discharge of weapons, where not otherwise prohibited by law, by using shotguns loaded with bird shot, air guns, or primitive weapons such as bows and arrows upon a tract or parcel of land at least 50 contiguous acres in size, under the same or joint ownership, with no structures located thereon that are inhabited or used for residential or commercial purposes, and:
a.
The hunting, or any firing or discharge of a weapon, is done only by the legal owner or joint owner of the property and/or invitees of the owner or joint owner; and
b.
Any firing or discharge of a weapon authorized in this subsection shall be at least 100 yards from the boundary line of such property and in a direction opposite the boundary line and towards the interior of the 50-acre tract or parcel.
(b)
Each violation of this section shall be deemed a separate violation.
(Code 1985, § 131.03; Ord. of 5-3-10, § 1)
State law reference— Regulation of firearms, G.S. 160A-189 et seq.
County of
HYDE,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
County of
IREDELL,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
County of
JACKSON,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
JACKSONVILLE,
DIVISION 1. GENERALLY Jacksonville, North Carolina Code of Ordinances
Sec. 15-45. Compressed air devices.
The use of any mechanical device operated by compressed air, unless the noise created thereby is effectively muffled and reduced, shall be deemed a violation of this article.
(Ord. No. 07-06, 2-6-07)
Sec. 15-29. Discharge of firearms.
It shall be unlawful for any person to needlessly fire any rifle, gun or revolver within the city limits; provided that this section shall not apply to any officer while in the discharge of the duties of his office.
(Ord. No. 07-06, 2-6-07)
Cross reference— Possess firearm/weapon/fireworks, § 16-24.
Sec. 15-30. Discharging dangerous instruments.
It shall be unlawful for any person to discharge any air rifle, pellet gun, BB-gun, slingshot, bow and arrow or any other similar weapon within the city.
(Ord. No. 07-06, 2-6-07)
Cross reference— Possess firearm/weapon/fireworks, § 16-24.
KANNAPOLIS,
ARTICLE I. IN GENERAL Kannapolis, North Carolina Code of Ordinances
Sec. 11-1. Discharging firearms, etc., prohibited; exceptions.
(a)
It shall be unlawful for any person to shoot or discharge any gun, pistol or other firearm, BB gun, air compression gun, spring gun or other similar device which propels with force a shot, pellet or other projectile within the municipal corporate limits of the city.
Kernersville,
Chapter 11 OFFENSES – Kernersville, North Carolina – Code of Ordinances
Sec. 11-7. – Discharging firearms, toy firearms.
(a)
No person shall fire or discharge any gun, pistol, or other firearm within the town or on town-owned property nor shall any person discharge any blowgun, bow, dart thrower, sling, paintgun or toy gun which propels any kind of projectile upon being discharged, nor shall any person throw any object known as a shiruken, shoaken, or throwing star. This section shall not apply to any law enforcement officer in the discharge of his duty or to any person exercising a legal right to defend his person or property. This section shall not apply to weapons and toy weapons discharged in an indoor or outdoor range which is specifically constructed for the use of such and licensed and permitted for the use of such.
(b)
The carrying of a concealed handgun in accordance with North Carolina General Statute 14-415.11 is prohibited in any building owned, leased as lessee, operated, occupied, managed or controlled by the town or the Forsyth Municipal Alcoholic Beverage Control Board, the appurtenant premises to such buildings, and in the parks operated by the town. Notice of this prohibition shall be posted in a conspicuous location at each entryway available to the general public at all buildings and at the primary points of public access to all covered locations. Violation of this prohibition shall be prescribed by the applicable North Carolina General Statutes.
(Code 1980, § 8-1007; Ord. No. 95-44, § 1, 11-6-95; Ord. No. 96-02, § 1, 1-2-96)
KING,
Chapter 18 OFFENSES AND MISCELLANEOUS PROVISIONS King, North Carolina Code of Ordinances
Sec. 18-4. Sale and use of BB guns, pellet guns, air rifles, bows, crossbows and slingshots.
(a)
Use. It shall be unlawful for any person to fire or shoot a BB gun, pellet gun or air rifle, or bow, crossbow like device, or to operate a slingshot, within the corporate limits of the city or on any property owned or operated by the city outside the corporate limits of the city, except:
(1)
Within a completely enclosed area located at or in a private residence and against a target so placed and arranged that the projectile cannot go outside the enclosed area; or
(2)
At an established target range which is, at the time of shooting, being operated under the supervision of the recreation or police department of the city.
A violation of this subsection shall be a misdemeanor and shall be punishable as provided by law.
(b)
Possession by minors. It shall be unlawful for any minor person under 18 years of age, unless accompanied by a parent, legal guardian or other adult person having custody of such child, to have any rifle or shotgun, or ammunition therefor, BB gun, pellet gun, air rifle or slingshot in his possession at any place within the city, except on his own premises, or on any property owned or operated by the city outside the corporate limits of the city. Any BB gun, pellet gun, air rifle or slingshot found in the city or at any place owned or operated by the city outside the corporate limits of the city in the possession of any person under 18 years of age who is not then accompanied by one of the persons named in this subsection and who is on premises other than his own shall be subject to seizure and confiscation by the law enforcement agencies. A violation of this subsection shall be a misdemeanor and shall be punishable as provided by law.
(c)
Report of acts of vandalism by minors. Any parent of a minor child or any person having the custody and control of a minor child, receiving knowledge that such child has committed an act of vandalism or malicious damage to the person or property of another by a BB gun, pellet gun, air rifle or slingshot, shall be required to report such act to the law enforcement agencies. Failure to do so shall be a misdemeanor punishable as provided by law.
(Ord. of 5-3-03(1)
KINSTON,
ARTICLE I. IN GENERAL – Kinston, North Carolina – Code of Ordinances
Sec. 16-2. – Prohibited actions and conduct
(7)
Possess or carry or fire or discharge any gun, rifle, pistol, or other firearm, or any knife, slingshot, air rifle or archery equipment, on or in any recreation area or facility, except where use of such items is part of a supervised recreation activity;
KITTY HAWK,
ARTICLE III. TOWN PARKS Kitty Hawk, North Carolina Code of Ordinances
Sec. 24-53. Windgrass Circle Park and multiuse path.
(a)
Location. Windgrass Circle Park is located on Windgrass Circle in Kitty Dunes Village. The multiuse path begins at the park and extends northward along Kitty Hawk Bay on Moore Shore Road, terminating at Beacon Street.
(b)
Regulations. The following rules apply to both the park and the path:
(3)
Firearms. The town shall post signs prohibiting the possession of firearms, air guns, slingshots, bow and arrows or concealed handguns in the recreational facility in accordance with G.S. 14-415.11(c) and G.S. 14-415.23.
Sec. 24-54. Sandy Run Park
(c)
Firearms. The town shall post signs prohibiting the possession of firearms, air guns, slingshots, bow and arrows or concealed handguns in the recreational facility in accordance with G.S. 14-415.11(c) and G.S. 14-415.23
Sec. 24-55. David Paul Pruitt, Jr. Park
(c)
Firearms. The town shall post signs prohibiting the possession of firearms, air guns, slingshots, bow and arrows or concealed handguns in the recreational facility in accordance with G.S. 14-415.11(c) and G.S. 14-415.23
Chapter 18 MISCELLANEOUS PROVISIONS AND OFFENSES Kitty Hawk, North Carolina Code of Ordinances
Sec. 18-6. Prohibition of firearms discharge.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearm means a handgun, shotgun, or rifle, which expels a projectile by action of an explosion. Handgun means a pistol, revolver, or other gun that has a short stock and is designed to be held and fired by the use of a single hand.
(c)
Prohibitions. It shall be unlawful to:
(4)
Discharge of any firearm and/or air rifle or pistol, spring rifle or pistol, compressed air rifle or pistol, paint ball gun of any configuration on property of another, without the written permission of the property owner.
(9)
Discharge of a firearm, and/or air rifle or pistol, spring rifle or pistol, compressed air rifle or pistol without due caution and circumspection and in a manner so as to endanger persons and/or property.
(e)
Penalty. Any violation of this section shall be a misdemeanor and, upon conviction shall be punishable by fine of not more than $500.00 or by imprisonment for not more than 30 days.
(Code 1990, § 10-6; Ord. No. 91-6, 6-20-1991; Ord. No. 03-28, § 10-6, 5-5-2003)
State law reference— Municipal authority to regulate discharge of firearms, G.S. 160A-189.
KNIGHTDALE,
CHAPTER 84. MISCELLANEOUS OFFENSES – Knightdale, North Carolina – Code of Ordinances
Sec. 84.01. – Concealed weapons and discharge of firearms.
It shall be illegal to possess a firearm, including concealed handguns otherwise allowed by the provisions of Article 54B of the General Statutes of North Carolina, on or about the person on any Town-owned or controlled property, whether real or personal. The Town Manager is hereby directed to post an appropriate notice of the ban on concealed handguns at and in every lot or building owned or controlled by the Town.
(1)
All laws and clauses of laws in conflict herewith are hereby repealed to the extent of said conflict.
(2)
If this section or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of applications of the ordinance which can be given separate effect and to that end the provisions of this section are declared to be severable.
(3)
This section shall become effective on adoption.
(Ord. of 12-20-95)
Cross reference— Penalty, see 10.99.
State law reference— Authority to regulate and restrict firearms and pellet guns see G.S. 168-189 and G.S. 168-190.
KURE BEACH,
Chapter 9 MISCELLANEOUS OFFENSES – Kure Beach, North Carolina – Code of Ordinances
Sec. 9-4. – Discharging BB guns, etc.
It shall be unlawful for any person to shoot any BB gun, air rifle, air gun, air pistol, gas pistol or gas gun within the town. Nothing herein shall be construed to prohibit licensed shooting galleries for BB guns at indoor shooting ranges that have met the safety regulations set forth by the National Rifle Association and that such shooting range or gallery is at all time under the supervision of a qualified instructor.
(Code 1973, § 26-
LAURINBURG,
ARTICLE II. FIREARMS AND WEAPONS Laurinburg, North Carolina Code of Ordinances
Sec. 24-43. Air guns, pellet guns and slingshots.
It shall be unlawful for any person to discharge or use any air gun, pellet gun, slingshot or any other mechanism or device designed or used to project a missile by compressed air or mechanical or human muscle action with less than deadly force, except by special permission of the chief of police.
(Code 1987, § 15-33)
State law reference— Authority to prohibit pellet guns, G.S. 160A-190.
LEE COUNTY,
DIVISION 2. SAN-LEE EDUCATIONAL AND RECREATIONAL PARK – Lee County, North Carolina – Code of Ordinances
Sec. 18-63. – Park regulations
(6)
Firearms and fireworks. It shall not be permitted to display or discharge firearms or explosives of any kind, or BB guns, pellet guns, air guns, cross bows, long bows and slingshots within the park except by park rangers or law enforcement officers on official duty or in areas designated for such use. Upon entering the park any of such weapons which a person possesses must be made inoperative and packed away. It shall not be permitted to discharge or use fireworks of any kind or nature in the park.
LELAND,
Chapter 18 OFFENSES AND MISCELLANEOUS PROVISIONS Leland, North Carolina Code of Ordinances
Sec. 18-1-A. Discharging BB guns.
It shall be unlawful for anyone to shoot a BB gun within 1,000 feet of any residential or commercial building. You must be 21 years of age or supervised by someone over the age of 21 to shoot a BB gun within the town.
(Ord. No. 09-29, § 1(Ext. A), 12-17-2009)
Sec. 18-1-B. Discharging similar weapons.
It shall be unlawful for any person to shoot any air rifle, air gun, air pistol, gas pistol or gas gun within the town. Nothing in this section shall be construed to prohibit licensed shooting galleries for BB guns at indoor shooting ranges that have met the safety regulations set forth by the National Rifle Association and that such shooting range or gallery is at all times under the supervision of a qualified instructor.
(Ord. No. 09-29, § 1(Ext. A), 12-17-2009)
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
LENOIR,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
LEWISVILLE,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
LEXINGTON,
ARTICLE I. IN GENERAL – Lexington, North Carolina – Code of Ordinances
Sec. 14-8. – Firearms and other weapons prohibited on city property.
(a)
Firearms and other weapons defined. For the purposes of this section, “firearms and other weapons” means any gun, rifle, pistol or other firearm of any kind, any explosive as defined in G.S. § 14-284.1, any knife or dagger, any BB gun, air rifle, air pistol or any other weapon specified in G.S. § 14-269, 14-269.2 or 14-288.8. This section shall not apply to an ordinary pocket knife carried in a closed position. As used in this section, “ordinary pocket knife” means a small knife, designed for carrying in a pocket, which has its cutting edge and point fully enclosed by its handle and that may not be opened by a throwing, explosive or spring action.
(b)
Except as provided herein, all persons are prohibited from possessing firearms and other weapons as defined in G.S. § 14-269 in city-owned buildings, their appurtenant premises, or other property which is owned or otherwise under the legal control of the City of Lexington, including subsection (c) of this section.
Louisburg,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
LUMBERTON,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
MANTEO,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
MEBANE,
ARTICLE I. IN GENERAL – Mebane, North Carolina – Code of Ordinances
Sec. 4-3. – Use of firearms, other weapons.
It shall be unlawful for any person, within the area established in section 4-1, to shoot or project any stone, rock, shot or other hard substance by means of a slingshot, bean shooter, air rifle, pop gun, bow or other similar contrivance, or to fire any pistol, gun or other firearm within such area, except on archery ranges, firing ranges or in legally established galleries or ranges, or in the discharge of duty by law enforcement officers; provided, that the use of firearms in the destruction of rodents or similar animals or reptiles that are considered a menace to public health or property may be permitted by special permission of the chief of police.
(Code 1952, ch. G, art. III, § 3)
Chapter 22 OFFENSES AND MISCELLANEOUS PROVISIONS – Mebane, North Carolina – Code of Ordinances
Sec. 22-10. – Discharge of firearms.
No person shall discharge or shoot a gun, air rifle, air pistol or other kind of firearm or similar implement within the city limits; provided that nothing in this section or any other city ordinance shall be construed to prevent a person over 21 years of age from using a shotgun, caliber to be either 12, 16, 20 or .410 gauge, utilizing shot no larger than No. 8 upon property owned by such person and upon the issuance of a permit by the chief or his designate for the purpose of firing upon pigeons, poisonous reptiles, starlings, squirrels or rats (when not in violation of state law). The permit shall remain in effect for a period of not more than 12 days, whereupon, such permit shall automatically expire and the permit shall be renewed for only six times during any one calendar year; shall authorize firing during daylight hours on weekdays only upon premises owned or occupied by the applicant or person approved by the chief of police or his designate; and shall be revocable by the chief of police or his designate upon violation of its conditions or upon complaint that the permit holder is not exercising his privilege in a careful and prudent manner and with due regard to life and property. It is provided further that nothing in this section shall be construed to prohibit a police officer from discharging a firearm in the performance of his duty, nor prohibit any person from discharging a firearm in the defense of life or property.
Provided, however, nothing contained in this section shall prevent or prohibit the discharge of firearms for commercial or institutional testing or repair purposes when such discharge is performed by a person approved by the chief of police and done in a manner and within a facility also approved by the chief of police. Prior to such approval, the chief or his designee shall inspect the device to be utilized for test firing and shall make a determination that such firing, if allowed, will not be a danger to the public and will not create objectionable noise levels on adjacent properties. The chief shall issue a permit upon such approval, which said permit may be revoked at any time should the chief determine that un approved personnel are conducting the test firing or that the device is not operating in a safe manner or is resulting in objectionable noise levels.
(Code 1952, ch. G, art. I, § 9; Ord. of 5-7-07(3))
State law reference— Authority to regulate firearms, G.S. 160A-189; authority to regulate pellet guns, G.S. 160A-190
MINT HILL,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
MOORESVILLE,
ARTICLE I. IN GENERAL – Mooresville, North Carolina – Code of Ordinances
Sec. 15-1. – Discharge, possession of firearms.
(a)
Discharge of firearms. It shall be unlawful to shoot a firearm within the town limits except in an indoor firing range authorized for such use under any local, state, and federal regulations or guidelines, provided however that this provision does not preclude enforcement of any other ordinance, statute, regulation, law, or otherwise related to the use and operation of such a firing range.
(b)
Discharge of air rifles. Any person who shall shoot a BB gun or air rifle in the town shall be guilty of a misdemeanor.
(c)
Discharge, possession in recreation area. It shall be unlawful for any person, except duly authorized law officers or military personnel in the course of their duty, to possess, discharge, shoot, fire or explode any firearm, including but not limited to rifles, pistols, toy pistols, toy guns or other toy arms designed to forcibly hurl a projectile or missile, at any time or under any circumstances, within any recreation area.
(Code 1975, §§ 11.32, 11.36; Ord. No. 88-21, 6-6-88; Ord. No. 2010-4-13, § 1, 4-12-2010)
State law reference— Authority to regulate, G.S. 160A-189.
MOREHEAD CITY,
ARTICLE I. IN GENERAL Morehead City, North Carolina Code of Ordinances
Sec. 10-7. Weapons; use, sale.
It shall be unlawful to discharge or use any slingshot or air rifle; or to sell or offer for sale any slingshot or air rifle; or to fire guns, rifles or pistols within the corporate limits. This section shall not apply to law enforcement officers while discharging their duties.
(Code 1973, § 13-8)
State law reference— Discharging certain barreled weapons or a firearm into occupied property, G.S. § 14-34.1; carrying concealed weapons, G.S. § 14-269.
MOUNT AIRY,
ARTICLE I. IN GENERAL – Mount Airy, North Carolina – Code of Ordinances
Sec. 10-13. Sale and use of B.B. guns, pellet guns, air rifles and slingshots.
(a)
Use. It shall be unlawful for any person to fire or shoot a B.B. gun, pellet gun or air rifle or to operate a slingshot within the City, except: (1) within a completely enclosed area located at or in a private residence and against a target so placed and arranged that the projectile cannot go outside the enclosed area, or (2) on such person’s own premises and under the immediate supervision of the parent, guardian or person legally responsible for personal injury or property damage, or (3) at an established target range which is, at the time of shooting, being operated under the supervision of the Police Department of, or an organization authorized by, the City.
(b)
Possession by minors. It shall be unlawful for any minor person under 18 years of age, unless accompanied by a parent, legal guardian, or other adult person having custody of such child to have any B.B. gun, pellet gun, air rifle or slingshot in such child’s possession at any place within the City (except on such adults premises) or on any property owned or operated by the City outside the corporate limits of the City. Any B.B. gun, pellet gun, air rifle or slingshot found in the City or at any place owned or operated by the City outside the corporate limits of the City in the possession of any person under 18 years of age who is not then accompanied by one of the aforesaid persons and who is on premises other than such person’s own shall be subject to seizure and confiscation by the law enforcement agencies. Also, a violation of this subsection shall be a misdemeanor and shall be punishable as provided by law.
(c)
Sales to, for minors. Any person selling a B.B. gun, pellet gun, air rifle or slingshot to a minor or to an adult for use by a minor shall register the name and address of the purchaser in a book kept for that purpose. In addition, before the sale is made the seller shall obtain and file a certificate signed by a parent, legal guardian or other adult person having custody of the minor purchaser or, if the purchase is being made by an adult person, then by the purchaser, giving the name and address and social security or driver’s license number of the person signing, reading as follows:
“I, ______________________(Name),
______________________________(Street Address)
_______________________________(City and State)
Social Security No. ___________________________
Driver’s License No. ___________________________
Hereby assume and agree to pay any damage to the person or property of another caused by ____________ (the minor by or for whom this purchase is made, through the use of the B.B. gun, pellet gun, air rifle or slingshot purchased this date by or for the use of said minor.
__________________________(Seal)”
The seller shall sign the certificate as witness thereto. The seller shall also, at the time of sale, deliver to the adult person who signs said certificate a copy of this section governing the sale and use of BB guns, pellet guns, air rifles and slingshots. The failure of the seller to comply with the requirements of this section or to retain and make the aforesaid certificate available to any proper law enforcement agency upon request shall be a misdemeanor punishable as provided by law; provided however, the foregoing certificate shall not be required if the purchaser and recipient are nonresidents of the City.
(Code 1963, § 11-15)
State law reference— Selling or giving weapons to minors, G.S. § 14-315; permitting children to use firearms, G.S. § 14-316; sale without permit, G.S. § 14-402; municipal regulations, G.S. §§ 160A-189, 160A-190.
MOUNT OLIVE,
ARTICLE II. OFFENSES INVOLVING PUBLIC SAFETY – Mount Olive, North Carolina – Code of Ordinances
Sec. 14-19. – Discharge of firearms and other weapons.
(a)
Firing prohibited; exception. It shall be unlawful for any person to shoot, discharge, or cause to be shot or discharged within the town any firearm, any air rifle, gun or pistol, or any spring gun, pistol, slingshot or similar device which impels with force a shot or pellet of any kind, provided that such shooting or discharge shall not be unlawful when the same is done in defense of person or property, in a manner excusable under state law, or at military funerals, turkey shoots, and other public events under proper supervision of the police department. The chief of police or any member of the police department is authorized to seize and hold, subject to order of court, any such air rifle, gun or pistol, spring gun or pistol, or other similar device which impels with force any shot or pellet of any kind which shall be used, shot or discharged in violation of this section.
(b)
Violation for discharge by minor child. Any person who shall knowingly and willfully permit his minor child under 18 years of age to discharge, fire, shoot, or operate within the corporate limits of the town any such firearm or weapon shall be guilty of a misdemeanor.
(Code 1981, § 8-1-2; Code 1995, § 130.05; Ord. of 11-2-1992)
State law reference— Authority to regulate, G.S. 160A-189.
NAGS HEAD,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
County of
NASH,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
NASHVILLE,
Chapter 24 OFFENSES AND MISCELLANEOUS PROVISIONS Nashville, North Carolina Code of Ordinances
Sec. 24-1. Discharge of firearms; air rifles, air pistols, etc.
(a)
Except as provided in subsection (b), no person may discharge any firearm within the town.
(b)
Subsection (a) shall not apply to private citizens acting in justifiable self-defense or pursuant to the lawful directions of a police officer nor to police officers acting in the lawful performance of their duties.
(c)
No person may discharge or shoot within the town any air rifle, air pistol, BB gun, pellet gun, pump gun or similar weapon within 100 yards of any building or house or gathering of people.
(Code 1987, § 9-1)
State law reference— Authority of town to regulate firearms, G.S. 160A-189.
NEW BERN,
ARTICLE XXIV. RECREATIONAL/SPORT HUNTING DISTRICT New Bern, North Carolina Code of Ordinances
Section 15-482. Discharge of firearms.
(a)
It shall be unlawful for any person to discharge any firearm, pellet gun, paintball gun, or similar device of any type within the city, except: (i) a police officer in the performance of his duty; (ii) a private citizen in justifiable self-defense; (iii) a private citizen while on private property enclosed within a solid fence so as to prevent any paintball projectile from a paintball gun from exiting the property and striking any passersby or other such persons not engaged in the paintball gun related activities; (iv) private citizens utilizing a properly permitted pellet gun firing range which is not in violation of federal, state or local laws; or (v) a properly licensed individual for hunting purposes in the following areas only with the permission of the property owner and only during established hunting seasons as determined by the state wildlife resources commission.
Chapter 46 OFFENSES AND MISCELLANEOUS PROVISIONS New Bern, North Carolina Code of Ordinances
Sec. 46-2. Discharge of firearms or pellet guns.
(a)
It shall be unlawful for any person to discharge any firearm, or pellet gun, of any type within the city, except:
(1)
A police officer in the performance of his duty;
(2)
A private citizen in justifiable self-defense; or
(3)
A properly licensed individual for hunting purposes in the following areas only with the permission of the property owner and only during established hunting seasons as determined by the state wildlife resources commission:
a.
Pleasant Hill area. The area, as shown on the official zoning map of the city, running along the right-of-way of the Atlantic and North Carolina Railroad to SR 1225 along SR 1225 to SR 1005. Along SR 1005 to N.C. Highway 55. Along N.C. Highway 55 to Stanley Boulevard. Along Stanley Boulevard to the point of beginning at the Atlantic and North Carolina Railroad.
b.
North Glenburnie Road area. The area, as shown on the official zoning map of the city, beginning at a point at the confluence of Taylors Creek and the Neuse River, extending northwesterly along the city limits, generally along Bachelors Creek, until such line turns westerly and then southwesterly along the city limits to a point 1,600 feet east of Washington Post Road; then running southeasterly along a line parallel to and 1,600 feet east of Washington Post Road and Neuse Boulevard and terminating at a point 500 feet northwest of North Glenburnie Road; running northeasterly in a straight line parallel to but no less than 500 feet from North Glenburnie Road approximately 800 feet to a branch of Taylors Creek; running north and northeasterly along the boundaries of said branch Taylors Creek and thence easterly along such creek to its intersection with the Neuse River at the point of beginning.
Such discharge of firearms for hunting purposes shall be restricted from within 300 feet of residences and street rights-of-way. The use of high power rifles shall be strictly prohibited in the abovementioned area.
(b)
For purposes of this section, a pellet gun is defined as a handgun or rifle in which a metal pellet of any size is propelled from said instrument by air which has been compressed in such instrument by a pump which is affixed to same, or by a gas cartridge. The term “pellet gun” shall not include a BB rifle or BB pistol by which a small round pellet, traditionally known as a “BB,” is projected from the instrument by a spring device, instead of a device by which air may be compressed to varying degrees by a pump which is an integral part of the rifle or pistol.
(Code 1971, § 15-2)
County of
NEW HANOVER,
ARTICLE IV. BREACHES OF THE PEACE New Hanover County, North Carolina Code of Ordinances
Sec. 38-106. Discharge of firearms.
(a)
It is unlawful for any person to discharge a firearm or air gun or pistol:
(1)
Carelessly or heedlessly in wanton disregard for the safety of others; or
(2)
Without due caution or circumspection and in a manner so as to endanger any person or property and resulting in property damage or bodily injury.
(b)
Any violation of this provision subject the offender to a civil penalty to be recovered in the nature of a debt of $500.00.
(Code 1978, § 12-17; Ord. of 8-19-2002)
State law reference— Authority to regulate firearms, G.S. 153A-129; pellet guns, G.S. 153A-130.
NEWTON,
Chapter 66 OFFENSES AND MISCELLANEOUS PROVISIONS – Newton, North Carolina – Code of Ordinances
2002)
Sec. 66-3. – Discharge of firearms, explosives, etc.
(a)
Discharge prohibited; exceptions. No person shall discharge any gun or other firearm, shoot any blank cartridge, torpedo, dynamite, air rifle (BB guns or pellet guns), slingshot, pyrotechnics, bow and arrow or cross bow, or explode any fireworks within the city; except that permission may be given by the chief of police for the shooting of rodents, the training of law enforcement personnel at the police pistol range, memorial services or funerals, high school field and track events or special events held in connection with Soldiers Reunion activities.
(b)
Confiscation authorized. The chief of police or any member of the police department is hereby authorized to seize and hold, subject to order of the court, any such gun or other firearm, torpedo, dynamite, air rifle (BB guns or pellet guns), slingshot, pyrotechnics, bow and arrow, cross bow, fireworks or any other device which impels with force any shot or pellet of any kind which shall be used, shot or discharged within the city in violation of this section.
(Code 1953, ch. H, § 9; Code 1972, § 17-5; Ord. No. 83.16)
NORTH TOPSAIL BEACH,
ARTICLE I. IN GENERAL – North Topsail Beach, North Carolina – Code of Ordinances
Sec. 6-20. – Discharge of firearms and dangerous instruments; hunting and trapping.
(a)
Discharge of firearms. It shall be unlawful for any person to needlessly fire any rifle, gun or revolver within the town limits; provided, that this section shall not apply to any officer while in the discharge of the duties of his office.
(b)
Discharging dangerous instruments. It shall be unlawful for any person to discharge any air rifle, pellet gun, BB gun, slingshot, bow and arrow or any other similar weapon within the town except in an area marked and designated as a target area by the North Topsail Beach Police.
(c)
Hunting. Hunting will not be permitted in any area of the town limits unless conducted by animal control officers or under the supervision of wildlife officers. It shall be unlawful for any person to engage in hunting within five hundred (500) feet of any dwelling or place of business within the town limits. Hunting with shotguns or bows only will be permitted in those unpopulated areas of the town limits traditionally used for hunting purposes as long as the five hundred-foot limitation is observed.
(d)
Violation. Violation of any of the provisions of this section by any firm, person or corporation, shall constitute a misdemeanor and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisoned for not more than six (6) months, or both. Each and every violation shall constitute a separate and distinct offense.
(Ord. of 4-1-93, §§ I—IV)
NORTH WILKESBORO,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
OAK ISLAND,
ARTICLE II. OFFENSES AGAINST PUBLIC SAFETY Oak Island, North Carolina Code of Ordinances
Sec. 20-31. Use of firearms, air rifles, spring guns, slingshots, and other such devices.
(a)
Prohibited acts; exceptions. It shall be unlawful for any person to shoot or discharge within the town limits any gun, pistol, air rifle, spring gun or pistol, compressed air rifle or pistol, slingshot, grit shooter, bow and arrow or other similar device which impels with force a shot or pellet of any kind, provided that this section shall not apply to:
(1)
Law enforcement officers while engaged in the lawful discharge of their duties;
(2)
Any person while exercising a legal right to defend his person or property;
(3)
Any person engaged in shooting such device at an approved firing range; and
(4)
Any person engaged in a legal hunt on undeveloped property greater than ten acres in size located on the mainland of Oak Island.
(b)
Permits. The town manager may issue permits between November 1 and December 31 of each year to a nonprofit organization for “turkey shoot” type benefits. Activities conducted under this permit will be under the surveillance and control of the public safety department to ensure that they are not dangerous or prejudicial to the public health.
(c)
Seizure. The chief of police or any police officer may seize and hold, subject to court order, any gun or other device discharged in violation of this section.
(d)
Penalty for violation. Upon the violation of any provision of this section, the offender shall be punished in accordance with section 1-7 of this Code.
(Ord. of 11-14-2000(3), § 1; Amend. of 8-11-2009)
State law reference— Authority to regulate firearms, G.S. 160A-189; authority to regulate pellet guns, G.S. 160A-190.
OAK RIDGE,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
OCEAN ISLE BEACH,
ARTICLE III. OFFENSES AGAINST THE PUBLIC PEACE AND SAFETY – Ocean Isle Beach, North Carolina – Code of Ordinances
Sec. 38-71. – Discharge of fireworks, firearms and other weapons.
(a)
It shall be unlawful for any person to fire or discharge any rifle, gun, pistol, pellet gun, air gun, air pistol, air rifle, fireworks or any type of pyrotechnic device within the town, on or off his premises, in sport or amusement.
(b)
Any person who shall knowingly and willfully permit his minor child under 18 years of age to discharge, fire, shoot or operate, within the town, any such air rifle, BB gun or pellet gun, or any fireworks or any type of pyrotechnic device, shall be guilty of a misdemeanor.
(Code 1983, § 6-5-4)
State law reference— Authority to regulate and restrict firearms and pellet guns, G.S. 160A-189, 160A-190.
County of
ONSLOW,
ARTICLE I. IN GENERAL – Onslow County, North Carolina – Code of Ordinances
Sec. 12-23. – Firearms.
No person except employees or duly authorized law enforcement officers shall carry or possess firearms of any description or air guns within any park.
(Ord. of 5-15-06)
ORANGE COUNTY,
Chapter 38 OFFENSES AND MISCELLANEOUS PROVISIONS – Pine Knoll Shores, North Carolina – Code of Ordinances
Sec. 38-4. – Firearms regulated.
Except in the case of police or other law enforcement officers, no person shall discharge any firearm, pellet gun, air rifle or air pistol within the town; provided, however, that this prohibition shall not apply to firearms discharge:
(1)
In the defense of persons or property; or
(2)
When pursuant to lawful directions of law enforcement officers.
(Code 2001, § 3-4; Ord. of 7-5-1978, § 3)
State law reference— Municipal power to regulate discharge of firearms, G.S. 160A-189.
PLEASANT GARDEN,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
RAEFORD,
Chapter 14 OFFENSES—MISCELLANEOUS – Raeford, North Carolina – Code of Ordinances
Sec. 14-12. – Throwing or firing missiles.
No person shall shoot or project any stone, rock, shot or other hard substance by means of a slingshot, bean shooter, shot shooter, air rifle, spring-loaded gun, pop gun, bow or other similar contrivance; however, archery shooting may be engaged in on such grounds as may be set aside and approved therefor by the city council.
(Code 1942, Ch. H, § 10)
RALEIGH,
CHAPTER 2. OFFENSES AGAINST THE PUBLIC – Raleigh, North Carolina – Code of Ordinances
Sec. 13-2010. – FIREARMS; DISCHARGE WITHIN CITY.
(a)
It shall be unlawful for any person to shoot or discharge within the corporate limits of the City, any air rifle, gun or pistol, or any spring gun, pistol, or other similar device which impels with force any shot or pellet of any kind. The Chief of Police or any member of the Police Department is hereby authorized to seize and hold subject to order of court, any such air rifle, gun or pistol or spring gun or pistol, or other similar device which impels with force any shot or pellet of any kind, which shall be used, shot, or discharged within the City, in violation of this section.
This subsection shall not become effective immediately with respect to property which meets the following criteria: (i) consists of one thousand (1,000) or more contiguous acres under common ownership; (ii) does not contain an occupied residence; (iii) has been annexed by voluntary petition with an effective date on or after July 1, 1995; and (iv) the owner shows by satisfactory proof that there is an outstanding lease, for hunting purposes, to an organized hunting club. This subsection shall become effective with respect to such property on the earlier of three (3) years after the effective date of annexation or the date the hunting club lease, including allowable extensions, expires or is terminated. The property owner shall notify the City of the expiration or termination of the lease if within the three-year period. Between the effective date of annexation and the date this subsection becomes effective, firearms may be discharged on the property only for hunting purposes by persons who are members or permitted guests of the lessee hunting club, or otherwise as allowed by this section, but in no event within one thousand (1,000) feet of an occupied residence.
(b)
Nothing in this section shall be construed to prevent a person over twenty-one (21) years of age using a .22 caliber rifle with blank or shot cartridges upon property owned or occupied by him from firing upon pigeons, squirrels or rats (when not in violation of state law) upon or around an apartment or dwelling or, with written permission of the owner and occupant, another occupied facility, if such person shall first procure a permit from the Chief of Police for such purpose. The permit shall run for not more than ninety (90) days, and shall authorize firing during daylight hours on weekdays only upon premises owned or occupied by the applicant, and shall be revocable by the Chief of Police upon a violation of its conditions or upon complaint that the permit holder is not exercising his privilege in a careful and prudent manner and with due regard to life and property. Permits shall not be issued for property located within one hundred fifty (150) feet of a school or park.
(c)
The provisions of this paragraph shall not be construed to prohibit the discharge of such devices either during a course of instruction in their use conducted by the Police Department of the City or on a firing range completely enclosed within a building in the City, after inspection of the building and approval of the use of such range by the Police Department from the standpoint of public safety.
(d)
It shall be illegal to possess a firearm, including concealed handguns otherwise allowed by the provisions of G.S. article 54B, on or about the person on any City-owned or controlled property, whether real or personal. The City Manager is hereby directed to post an appropriate notice of the ban on concealed handguns at and in every lot or building owned or controlled by the City. This prohibition shall not apply to on-duty law enforcement personnel, active duty military personnel on assignment, or to any activities carried out on a City-owned or controlled fire range.
(Code 1959 , §15-21; Ord. No. 1981-562, §1, 1-6-81; Ord. No. 1992-8, §1, 7-7-92; Ord. No. 1993-188, §1, 5-4-93; Ord. No. 1995-749, §1, 10-18-95; Ord. No. 1995-788, §1, 12-5-95; Ord. No. 2002-277, § 1, 9-3-02)
Cross reference: Weapons prohibited, §9-2021
State law reference: Authority to regulate firearms, G.S. 160A-189.
Sec. 13-2010.1. – SAME—DISPLAY ON PUBLIC PROPERTY WHILE UNDER THE INFLUENCE OF AN IMPAIRING SUBSTANCE.
(a)
It shall be unlawful for any person to display any air rifle, gun, or pistol or any spring gun, pistol, or other similar device which impels with force any shot or pellet of any kind on any street, sidewalk, alley, or other public property or within a motor vehicle on any street, sidewalk, alley, or other public property while under the influence of an impairing substance. Unless otherwise defined in Part 14 of this Code, all words and terms of this section shall have the same meaning as defined in G.S. chapter 20 and the offense of impairment shall be the same as impaired while driving a noncommercial vehicle as set forth in G.S. chapter 20.
(b)
This section shall be enforced as provided in G.S. 160A-175 or as provided in this Code. Any criminal violation of this section shall be punished by a fine not to exceed five hundred dollars ($500.00) and thirty (30) days in jail.
(Ord. No. 1993-267, §§1, 4, 9-21-93)
REIDSVILLE,
ARTICLE I. IN GENERAL – Reidsville, North Carolina – Code of Ordinances
Sec. 11-12. – Discharge of weapons—Generally.
(a)
It shall be unlawful to fire a gun, pistol, shotgun, rifle or other firearm, or shoot any air pistol, air rifle, pellet gun, bow and arrow, or any kind of spring gun, bean shooter, or slingshot within the city limits.
(b)
Subsection (a) does not apply:
(1)
In licensed shooting galleries.
(2)
To the discharge of duty by law enforcement officers and the city animal control officer(s).
(3)
To firearms training and re-qualification of law enforcement officers or activities overseen by certified firearm instructors at the city-owned police firing range.
(4)
At funeral services, memorial services, or services of remembrance conducted at cemeteries, columbaria, funeral homes, or churches located within the city for members or former members of the Armed Forces, law enforcement, fire services, and emergency services, whose family has requested a gun salute, provided that no live ammunition is used during such service and provided that at least twenty-four (24) hours prior to the service, notification be given to the city police department.
(5)
Where, pursuant to the written permission of the city manager or designee, blank cartridges or blank loads (no live ammunition) may be discharged during historical re-enactments, during theatrical like performances, during military or similar gun salutes or displays, or during other memorial ceremonies, in accordance with the noise ordinance.
(Code 1985, § 13-14; Ord. of 4-7-03(1); Ord. of 2-8-06; Ord. of 1-12-11, Pt. I)
Cross reference— Carrying weapon in parade, § 11-45(a); firing guns at Lake Hunt regulated, § 12-47; firing gun at Lake Reidsville, § 12-95(f).
State law reference— Discharging firearms into occupied property, G.S. 14-34.1.
Sec. 11-13. – Same—Discharge of firearms to eliminate certain pests.
It shall be unlawful to fire any firearm at any time for the purpose of disposing of pests such as birds, pigeons, squirrels, rats or any other animals. The use of private pest control services and/or animal traps furnished by the city shall be permitted to capture such pest or animal.
ROCKY MOUNT,
ARTICLE III. TAR RIVER WATER SUPPLY RESERVOIR AND RECREATION AREA Rocky Mount, North Carolina Code of Ordinances
Sec. 15-56. Hunting.
(a)
It shall be unlawful for any person except the warden or authorized law enforcement personnel to carry, possess, discharge, fire or shoot any pistol, rifle, shotgun, or other firearm over, across, upon, or from the reservoir except as permitted in this section.
(b)
It shall be unlawful for any person to shoot or project by means of a sling shot, bean shooter, air rifle, pellet gun, pop gun, bow, or any similar means or contrivance, any stone, rock, shot, or other hard substance over, across, into, upon, or from the reservoir.
Chapter 14 MISCELLANEOUS OFFENSES Rocky Mount, North Carolina Code of Ordinances
Sec. 14-4. Discharge of firearms, fireworks.
It shall be unlawful for any person to shoot or project any stone, rock, shot or other hard substance by means of a slingshot, bean shooter, air rifle, pop gun, bow or other similar contrivance; or to fire any pistol, gun or other firearm; or to discharge any fireworks within the city; except on archery ranges, firing ranges or in legally established shooting galleries or ranges, or in the discharge of duty by law enforcement officers. The use of firearms in the destruction of rodents, pigeons, squirrels or similar animals or birds or reptiles that are considered a menace to public health or property may be permitted by special permission of the chief of police. This section shall not be construed to prohibit the use of fireworks for exhibition or entertainment purposes by persons to whom permits have been granted by the city council.
(Code 1967, § 12-5)
Roseboro,
Chapter 22 OFFENSES AND MISCELLANEOUS PROVISIONS Roseboro, North Carolina Code of Ordinances
Sec. 22-1. Discharge of air guns, firearms, etc.
It shall be unlawful for any person, irrespective of age, to fire or discharge any air gun, air pistol, air rifle or firearm within the town limits unless such firearm, etc., is discharged in the defense of person or property or pursuant to lawful directions of law enforcement officers.
(Code 1977, § 16-1)
State law reference— Authority to regulate or prohibit discharge of firearms, G.S. 160A-189; authority to restrict pellet guns, G.S. 160A-190; local regulation of firearms, G.S. 14-409.40.
County of
ROWAN,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
County of
RUTHERFORD,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
SALISBURY,
ARTICLE II. OFFENSES AGAINST THE PUBLIC PEACE Salisbury, North Carolina Code of Ordinances
Sec. 15-41. Dangerous missiles.
No person shall shoot or project any missile, projectile, stone, rock, shot or other hard substance by means of a slingshot, bean shooter, shot shooter, air rifle, pop gun, bow or other similar contrivance; provided that archery shooting may be engaged in on such grounds as may be set aside and approved therefor by the city council.
(Code 1977, § 17-32)
State law reference— Authority to regulate, restrict, or prohibit pellet guns, G.S. 160A-190
ARTICLE III. RULES AND REGULATIONS Salisbury, North Carolina Code of Ordinances
Sec. 16-65. Fireworks; fires; firearms
(c)
Firearms. No person shall carry, use, or possess firearms of any description, air rifles, pistols, spring guns, bows and arrows, slingshots, boomerangs, water pistols, or any other form of weapon potentially dangerous to wildlife or human safety on or in [the] park area or property, except at and in accordance with the rules and regulations as a participant in a program sponsored by the department or as a law enforcement officer.
(Ord. No. 1998-81, § 1, 10-20-98)
SANFORD,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
SELMA,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
SHELBY,
ARTICLE III. OFFENSES AGAINST PUBLIC PEACE AND SAFETY – Shelby, North Carolina – Code of Ordinances
Sec. 30-71. – Discharging firearms, air rifles.
It shall be unlawful for any person to shoot or explode any gun, pistol or other explosive of whatever character or air rifles or other similar weapons in the city, except when used in defense of person or property or pursuant to lawful directions of law enforcement officers. Notwithstanding the foregoing, such explosions or discharges may be lawfully made when a person is engaged in the legal hunting of wild game or fowl on land which is a bona fide farm as defined in appendix A to this Code. Indoor shooting/firing ranges that are approved and certified shall be exempt from this section.
(Code 1985, § 13-5; Ord. No. 5-96, § 2, 4-15-1996; Ord. No. 39-98, § 1, 8-17-1998)
Cross reference— Use of firearms; animals in cemeteries, § 12-46.
State law reference— Discharge of firearms, G.S. 160A-189; discharge of pellet gun, G.S. 160A-190.
SILER CITY,
Chapter 16 NOISE – Siler City, North Carolina – Code of Ordinances
Sec. 16-2. – Enumeration of specific noises.
The following acts are declared to make and/or cause noises that are loud, raucous, or disturbing (as defined in section 16-1 above) in violation of this chapter, but such acts shall not be deemed to be exclusive:
(1)
To produce noise from any type of motorized vehicle including but not limited to automobiles, trucks, busses, motorcycles, model cars, mini bikes, go carts, all terrain vehicles, unlicensed motorized vehicles, motorized toys, or any other type of motorized vehicle in a manner as follows:
(13)
To fire or discharge any type of firearm (including air guns), explosive, firework, or similar device except as allowed by permit from the police department, or allowed by law.
(Code 1969, § 15-1; Ord. No. 2006-4, § 1, 3-6-06)
ARTICLE I. IN GENERAL – Siler City, North Carolina – Code of Ordinances
Sec. 17-1. – Discharge of firearms, etc.
It shall be unlawful for any person to shoot or project any stone, rock, shot or other hard substance by means of a slingshot, bean-shooter, air rifle, popgun, bow or other similar contrivance, or to fire any pistol, gun or other firearm within the town, except on archery ranges, firing ranges or in legally established shooting galleries or ranges, or in the discharge of duty by law enforcement officers.
(Code 1969, § 16-1; Ord. No. 1991-9, § I, 12-3-91)
State law reference— Discharging certain barreled weapons or a firearm into occupied property, G.S. 14-34.1; selling or giving weapons to minors, G.S. 14-315; permitting young children to use dangerous firearms, G.S. 14-316; sale of certain weapons without permit forbidden, G.S. 14-402.
SMITHFIELD,
ARTICLE I. IN GENERAL – Smithfield, North Carolina – Code of Ordinances
Sec. 11-12. – Same—Dangerous missiles.
No person shall shoot or project any stone, rock, shot or other hard substance by means of a sling shot, bean shooter, shot shooter, air rifle, pop gun, bow or other similar contrivance; provided, that archery shooting may be engaged in on such grounds as may be set aside and approved therefor by the town council.
(Code 1967, § 11-16)
SOUTHERN SHORES,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
SOUTHPORT,
Chapter 11 OFFENSES AND MISCELLANEOUS PROVISIONS – Southport, North Carolina – Code of Ordinances
Sec. 11-2. – Projectiles; archery ranges.
No person shall shoot or project any stone, rock, shot or other hard substance by means of a sling shot, bean shooter, shot shooter, air rifle, pop gun, bow or other similar contrivance; provided, that archery shooting may be engaged in on such grounds as may be set aside and approved therefor by the board of aldermen.
(Code 1974, § 11.12)
SPRING HOPE,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
SPRING LAKE,
ARTICLE I. IN GENERAL – Spring Lake, North Carolina – Code of Ordinances
Sec. 26-1. Discharge of firearms; duty of chief of police.
(a)
It shall be unlawful and is hereby prohibited for any person to shoot or discharge within the corporate limits of the town any gun or pistol, air rifle, spring gun, compressed air rifle, or other similar device which impels with force, by compressed air or mechanical action, a metal shot or pellet of any kind, except when used in defense of person or property or pursuant to lawful directions of law enforcement officers and except in the discharge of duty by law enforcement officers.
(b)
It shall be unlawful for any person to point any gun, pistol, air rifle, spring gun, or pistol compressed air rifle or other similar device which impels with force, by compressed air or mechanical air or mechanical action, a metal shot or pellet of any kind toward any person or group of persons either in fun or otherwise whether such gun or pistol be loaded or not loaded except as permitted in subsection (a) of this section.
(c)
The chief of police or any member of the police department is hereby authorized to seize and hold subject to order of the court any such gun, pistol, air rifle, or pistol spring gun or pistol compressed air rifle or other similar device which impels with force, by compressed air or mechanical action, any metal shot or pellet of any kind which shall have been shot or discharged within the corporate limits of the town.
(Code 1978, § 11.14; Code 1995, § 130.01; Ord. of 3-26-1979)
STATESVILLE,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
SUNSET BEACH,
CHAPTER 130. GENERAL OFFENSES – Sunset Beach, North Carolina – Code of Ordinances
130.14 – DANGEROUS WEAPONS.
It shall be unlawful for any person to carry, possess or have within his immediate access any dangerous weapon while in or upon town property.
(A)
For purposes of this section, the following words have the meaning indicated:
DANGEROUS WEAPON. Includes, but is not limited to, any firearm, rifle, pump gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, loaded cane, metallic knuckles, razor, stun gun, switch blade knife, black jack, nightstick, explosives or any other device or object designed to or intended to be used to inflict injury upon persons or property.
TOWN PROPERTY. Any building, park, recreational facility, cemetery, garage, parking lot or other public property owned by or controlled by the town.
(B)
This section shall not apply to:
(1)
Sworn law enforcement officers.
(2)
Members of the armed forces or national guard while on duty.
(3)
Any person possessing a firearm in a cemetery for the purpose of conducting a military funeral pursuant to a permit obtained from the town.
(4)
Any person possessing a firearm in a town park for ceremonial purposes pursuant to a permit obtained from the town.
(Am. Ord. of 4-2-2012(2)
SURF CITY,
Chapter 12 OFFENSES AND MISCELLANEOUS PROVISIONS – Surf City, North Carolina – Code of Ordinances
Sec. 12-7. – Discharging BB guns, etc.
It shall be unlawful for any person to shoot any BB gun, air rifle, air gun, air pistol, gas pistol or gas gun within the town.
(Code 1977, § 28-1)
SYLVA,
ARTICLE II. WEAPONS, EXPLOSIVES, FIREARMS – Sylva, North Carolina – Code of Ordinances
Sec. 24-39. – Slingshots, missiles, air guns, etc.
It shall be unlawful for any person to wantonly or maliciously throw stones or other missiles, or to use a slingshot, “BB” gun or air gun, spring gun or bow and arrows within the corporate limits of the town.
(Code 2002, § 12-25)
State law reference— Authority to regulate or restrict use of pellet guns, G.S. 160A-190.
ARTICLE I. IN GENERAL – Sylva, North Carolina – Code of Ordinances
Sec. 6-3. – Town declared bird sanctuary.
The entire area within the corporate limits of the town shall be and the same is hereby designated and established as a bird sanctuary. No person shall hunt, kill, trap or decoy birds or rob their nests of eggs or young in the town. It shall also be unlawful for any person to shoot at or shoot birds with a gun, pistol, “BB” gun, air rifle, slingshot, or other instrument of like kind, or strike, or throw any object at a bird. This section does not protect any bird classed as a pest under article 22A of chapter 113 of the General Statutes and the Structural Pest Control Act of North Carolina of 1955 or the North Carolina Pesticide Law of 1971.
(Code 2002, § 5-3; Ord. of 5-13-1999, art. III; Res. of 9-6-2001)
State law reference— Bird sanctuaries, G.S. 160A-188
TARBORO,
ARTICLE I. IN GENERAL – Tarboro, North Carolina – Code of Ordinances
Sec. 11-7. – Discharge of air rifles, BB guns or pellet guns.
The firing or discharging of air rifles, BB guns or pellet guns within the town or on town property is hereby prohibited, except by written permission of the chief of police.
(Code 1967, § 16-2)
State law reference— Authority to regulate possession and use of pellet guns, G.S. § 160A-190
THOMASVILLE,
ARTICLE I. IN GENERAL Thomasville, North Carolina Code of Ordinances
Sec. 54-7. Discharging weapons.
It shall be unlawful for any person to discharge any gun, pistol, rifle, air gun, slingshot or other device for the projection of a projectile, within the corporate limits of the city with the following exception: law enforcement personnel participating in firearms training and qualifications at the Firing Range facility at the Thomasville Police Academy located at 1285 Jacob Street, Thomasville, North Carolina are exempted from this section.
(Code 1983, § 12-14; Ord. of 11-8-02(1), § 1)
State law reference— Discharging firearm into occupied property, G.S. 14-34.1.
TOPSAIL BEACH,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
TROUTMAN,
Chapter 16 OFFENSES AND MISCELLANEOUS PROVISIONS Troutman, North Carolina Code of Ordinances
Sec. 16-3. Unlawfully allowed possession and use of certain weapons by minors under 12 years of age.
(a)
Unlawful acts. It shall be unlawful for any parent, guardian or person standing in loco parentis, to knowingly permit his child under the age of 12 years to have the possession, custody or use, in any manner whatsoever, of any air rifle, pellet gun, bow and arrow, slingshot, or any other mechanism or device designed or used to project a missile by compressed air or mechanical action, whether such mechanism or device is loaded or unloaded; except when such child is under the supervision of the parent, guardian or person standing in loco parentis. It shall also be unlawful for any person to knowingly furnish such child, except when he is under the supervision of his parent, guardian or a person standing in loco parentis, any weapon enumerated herein.
(b)
Penalty. Any person violating the provisions of this section shall upon conviction be guilty of a misdemeanor and shall be punished in accordance with the provision of section 14-4 of the General Statutes (G.S. 14-4).
(Ord. No. 6-84, §§ 1, 2, 12-13-1984)
State law reference— Municipal regulatory power concerning pellet guns and other devices, G.S. 160A-190
WADESBORO,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
WAKE FOREST,
ARTICLE III. OFFENSES AGAINST PUBLIC SAFETY – Wake Forest, North Carolina – Code of Ordinances
Sec. 20-67. – Discharge of pellet guns.
It shall be unlawful for any person to discharge any pellet gun or any mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
(Code 1985, § 13-6.1)
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
WALKERTOWN,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
WASHINGTON,
ARTICLE I. IN GENERAL – Washington, North Carolina – Code of Ordinances
Sec. 20-3. – Discharging firearms, air rifles, etc.
(a)
It shall be unlawful for any person to discharge any firearm, air rifle or pellet gun of any kind within the corporate limits, except when used in defense of person or property or pursuant to lawful directions of law enforcement officers, or by a peace officer in the performance of his duty. This section shall not apply to formal training or target matches with air rifles or pellet guns so long as such training and target matches are supervised by certified firearms instructors and the Chief of Police approves the time and place of such training sessions or target matches.
(b)
An explicit exception is granted only for historical reenactment events sponsored explicitly by the Beaufort County Chamber of Commerce in which the discharge of period firearms/cannot with blanks and/or black gunpowder is planned. Such events shall not take place without approval of the Chief of Police, to include time and place, and requires proper supervision, certified if necessary.
(Code 1972, § 13-8; Code 1993, § 10-3; Ord. No. 04-17, 9-13-2004)
State law reference— Firearms, G.S. 160A-189; pellet guns, G.S. 160A-190
County of
WAYNE,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
WAYNESVILLE,
DIVISION 2. WEAPONS Waynesville, North Carolina Code of Ordinances
Sec. 42-64. Discharging of air rifles, pellet guns prohibited.
The firing or discharging of air rifles, BB guns, or pellet guns within the town is prohibited.
(Code 1987, § 131.07)
State law reference— Authority to regulate, restrict or prohibit the possession or use of pellet guns, G.S. 160A-190.
CHAPTER 17 DEFINITIONS Waynesville, North Carolina Code of Ordinances
17.3 Definitions, Use Type
Shooting Range, Outdoor. A permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment. Shooting range exclude any area for the exclusive use of archery or air guns or enclosed indoor facility that is designed to offer a totally controlled shooting environment and that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range’s approved use.
WEAVERVILLE,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
WEDDINGTON,
In certain counties in North Carolina, it is unlawful for any parent or guardian to knowingly permit his child under the age of 12 years to use, possess, or have custody of an air rifle, air pistol, or BB gun.1 Additionally, North Carolina prohibits any person from causing, encouraging, or aiding a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, or air pistol.2 North Carolina has no other law regulating non-powder guns.
160A-190. Pellet guns. A city may by ordinance regulate, restrict, or prohibit the sale, possession or use within the city of pellet guns or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force.
N.C. Gen. Stat. § 14-269.2(e). [↩]
14-269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
State law reference— Authority to regulate pellet guns, G.S. 160A-190.
Wendell,
ARTICLE I. IN GENERAL – Wendell, North Carolina – Code of Ordinances
Sec. 16-13. – Disturbing the peace by means of firearms, fireworks, and loudspeakers.
<!–[if !supportLists]–>(a) <!–[endif]–>Firearms. No person shall at any time bring into or on the properties of the town, nor have in his possession, nor discharge, or set off anywhere on the properties of the town, nor have in his possession, nor discharge, or set off anywhere upon said properties, a revolver, pistol, shotgun, rifle, air rifle, air gun, or any gun, rifle, firearm, or bow or other weapon that discharges projectiles either by air, explosive substance, or any other force. However, this section shall not apply to any deputy sheriff, police officer, peace officer, park ranger, or other duly appointed law enforcement officer while carrying out the duties and responsibilities of his position nor to any person while on or in those areas which may from time to time be designated as hunting areas by the parks and recreation department or while on designated target ranges or areas.
(b)
Fireworks. No person shall fire, discharge, or have in his possession any rocket, firecracker, torpedo, squib, or other fireworks or any substance of an explosive nature within or on parks and recreation property unless authorized by city and county governmental authorities.
(c)
Loudspeakers. It shall be unlawful to use a loudspeaker, public address system, or amplifier within or on parks and recreation department property without a written permit issued by the chief of police.
(Code 1986, § 96.13; Ord. of 12-12-1977)
State law reference— Regulation of firearms, G.S. 160A-189.
WILMINGTON,
ARTICLE I. MISCELLANEOUS Wilmington, North Carolina Code of Ordinances
Sec. 6-5. Discharging and concealing pellet guns.
It shall be unlawful for any person to shoot or carry concealed about their person any pellet gun, BB gun, air gun, air pistol, gas pistol, gas gun or any other mechanism or device designed or used to project a missile by compressed air or mechanical action within the city. The section shall not prohibit licensed shooting galleries for BB guns at indoor shooting ranges that have met the requirements of all applicable governmental laws and regulations, and the safety regulations of the National Rifle Association and are at all times under the supervision of a qualified instructor.
(Code 1962, § 29-1; Ord. No. 0-2007-53, § 1, 6-19-07)
State law reference— Municipal regulation of pellet guns, G.S. § 160A-190.
WILSON,
ARTICLE III. WEAPONS – Wilson, North Carolina – Code of Ordinances
Sec. 25-71. – Parental responsibility.
Any person being the parent or guardian of or standing in loco parentis to any child under the age of sixteen (16) years who shall knowingly permit such child to have the possession or custody of, or use in any manner whatever any air rifle, air gun or pistol or who shall knowingly furnish such child with any such gun shall be deemed guilty of a misdemeanor.
(Code 1969, § 20-49)
State law reference— Selling or giving weapons to minors, G.S. 14-315; permitting young children to use dangerous firearms, G.S. 14-316.
Sec. 25-72. – Discharge of firearms, air guns.
It shall be unlawful for any person to fire or discharge a gun, rifle, pistol, or other firearm, or any air rifle, air gun or air pistol, whether operated by air, spring or otherwise, within the city except in the following cases:
(1)
In case of necessity in defense of persons or property;
(2)
In the case of a police officer or law enforcement personnel lawfully discharging their duties;
(3)
As allowed at licensed shooting galleries;
(4)
The use of air rifles, air guns, or air pistols in a contest as supervised by the city parks and recreation department;
(5)
“Blank” charges may be discharged during ceremonial events, provided that a permit is first obtained from the city manager; and
(6)
As allowed at any areas within the city limits approved and designated by the city parks and recreation department as places where hunting is permitted.
(Code 1969, §§ 20-48, 20-50; Ord. No. O-123-04, § 1, 10-21-04)
WINSTON-SALEM,
ARTICLE I. IN GENERAL Winston-Salem, North Carolina Code of Ordinances
Sec. 38-11. Sale and use of BB guns, pellet guns, air rifles, bows, crossbows and slingshots.
(a)
Use. It shall be unlawful for any person to fire or shoot a BB gun, pellet gun or air rifle, or bow, crossbow-like device, or to operate a sling-shot, within the corporate limits of the city or on any property owned or operated by the city outside the corporate limits of the city, except:
(1)
Within a completely enclosed area located at or in a private residence and against a target so placed and arranged that the projectile cannot go outside the enclosed area; or
(2)
At an established target range which is, at the time of shooting, being operated under the supervision of the recreation or police department of the city.
A violation of this subsection shall be a misdemeanor and shall be punishable as provided by law.
(b)
Possession by minors. It shall be unlawful for any minor person under 18 years of age, unless accompanied by a parent, legal guardian or other adult person having custody of such child, to have any rifle or shotgun, or ammunition therefor, BB gun, pellet gun, air rifle or slingshot in his possession at any place within the city, except on his own premises, or on any property owned or operated by the city outside the corporate limits of the city. Any BB gun, pellet gun, air rifle or slingshot found in the city or at any place owned or operated by the city outside the corporate limits of the city in the possession of any person under 18 years of age who is not then accompanied by one of the persons named in this subsection and who is on premises other than his own shall be subject to seizure and confiscation by the law enforcement agencies. A violation of this subsection shall be a misdemeanor and shall be punishable as provided by law.
(c)
Report of acts of vandalism by minors. Any parent of a minor child or any person having the custody and control of a minor child, receiving knowledge that such child has committed an act of vandalism or malicious damage to the person or property of another by a BB gun, pellet gun, air rifle or slingshot, shall be required to report such act to the law enforcement agencies. Failure to do so shall be a misdemeanor punishable as provided by law.
(d)
Registration of purchasers; agreement for payment of damages. Any person selling a rifle or shotgun, or ammunition therefor, a BB gun, pellet gun, air rifle or slingshot to a minor or to an adult for use by a minor shall register the name and address of the purchaser in a book kept for that purpose. In addition, before the sale is made, the seller shall obtain and file a certificate signed by a parent, the legal guardian or other adult person having custody of the minor purchaser or, if the purchase is being made by an adult person, then by the purchaser, giving the name and address and social security or driver’s license number of the person signing, reading as follows:
I, ______________ (Name) , _______________ (Street Address)___________ , (City and State)
Social Security No. ___________________
Driver’s License No. __________________
hereby assume and agree to pay any damage to the person or property of another caused by ____________, (the minor by or for whom this purchase is made) through the use of the BB gun, pellet gun, air rifle or slingshot purchased this date by, or for the use of, said minor.
___________________________ (Seal)
The seller shall sign the certificate as witness thereto. The seller shall also, at the time of sale, deliver to the adult person who signs the certificate a copy of this section governing the sale and use of rifles or shotguns, or ammunition therefor, BB guns, pellet guns, air rifles and slingshots. The failure of the seller to comply with the requirements of this subsection or to retain and make the certificate available to any proper law enforcement agency, upon request, shall be a misdemeanor punishable as provided by law.
(Code 1975, § 12-15)
State law reference— Authority to regulate pellet guns, etc., G.S. 160A-190.
North Dakota-
North Dakota defines “dangerous weapon,” to include “any weapon that will expel, or is readily capable of expelling, a projectile by the action of a spring, compressed air, or compressed gas including any such weapon, loaded or unloaded, commonly referred to as a BB gun, air rifle, or CO[2] gun.1 Thus, except where otherwise specified, any law in the Criminal or Weapons sections of the North Dakota Century Code that refers to dangerous weapons is applicable to non-powder guns.
N.D. Cent. Code §§ 62.1-01-01, 62.1-01-01 General definitions.
As used in this title, unless the context otherwise requires:
1. “Dangerous weapon” includes any switchblade or gravity knife, machete, scimitar, stiletto, sword, dagger, or knife with a blade of five inches [12.7 centimeters] or more; any throwing star, nunchaku, or other martial arts weapon; any billy-club, blackjack, sap, bludgeon, cudgel, metal knuckles, or sand club; any slingshot; any bow and arrow, crossbow, or spear; any stun gun; any weapon that will expel, or is readily capable of expelling, a projectile by the action of a spring, compressed air, or compressed gas including any such weapon, loaded or unloaded, commonly referred to as a BB gun, air rifle, or CO2 gun;
12.1-01-04
12.1-01-04. General definitions.
As used in this title, unless a different meaning plainly is required:
6. “Dangerous weapon” means, but is not limited to, any switchblade or gravity knife,
machete, scimitar, stiletto, sword, or dagger; any billy-club, blackjack, sap, bludgeon,
cudgel, metal knuckles, or sand club; any slingshot; any bow and arrow, crossbow, or
spear; any weapon which will expel, or is readily capable of expelling, a projectile by
the action of a spring, compressed air, or compressed gas including any such weapon,
loaded or unloaded, commonly referred to as a BB gun, air rifle, or CO2 gun; and any
projector of a bomb or any object containing or capable of producing and emitting any
noxious liquid, gas, or substance.
DEVILS LAKE,
Chapter 9.36 DISORDERLY CONDUCT – Devils Lake, North Dakota – Code of Ordinances
9.36.030 – Discharging firearms.
A person is guilty of an offense if he or she discharges any gun or firearm within the limits of the city, subject to the following exceptions:
Q.
Ventilation. In any range in which a .22 caliber rim-fire or center fire ammunition in being used, a positive flow ventilation system shall be installed prior to use. Such a system shall be adequate to remove contaminants in the air as not to endanger the health of users, coaches, spectators or employees. A positive flow ventilation system is not required, if the range is only to be used for spring or gas-powered pellet guns.
GRAND FORKS,
ARTICLE 2. NONCRIMINAL BREACHES OF PEACE AND ORDER – Grand Forks, North Dakota – Code of Ordinances
9-0207. – BB and pellet guns.
(1)
It is unlawful for any person to discharge in the city or carry loaded in a vehicle a weapon that will expel or is readily capable of expelling a projectile by the action of a spring compressed air or compressed gas, including any such weapon commonly referred to as a BB gun, air rifle, pellet gun or CO2 gun.
(2)
This section shall not apply to lawful discharge by law enforcement officers, discharge by citizens in defense of person or property, discharge at structured events or competitions designed to test the skills of participants, discharge at licensed indoor target ranges or discharge in conjunction with educational or gun safety classes.
(Ord. No. 3546, § 2, 9-18-95; Ord. No. 3589, § 2, 5-20-96)
ARTICLE 1. CRIMINAL OFFENSES – Grand Forks, North Dakota – Code of Ordinances
9-0120. – Possession of dangerous weapons in park.
(1)
It is unlawful for any person to have in his or her custody, possession, or control any dangerous weapon in any public park within the city.
(2)
Dangerous weapon, for the purposes of this section, includes any switchblade, gravity knife, machete, stiletto, sword, or dagger; any throwing star, nunchaku, or other martial-arts weapons; any billy-club, blackjack, sap, bludgeon, metal knuckles; any slingshot; any bow and arrow, crossbow, or spear; any stun gun; any firearm; or any weapon that will expel, or is readily capable of expelling, a projectile by the action of a spring, compressed air, or compressed gas, or any BB gun, pellet gun, or air rifle.
(3)
This section shall not prohibit the possession of a dangerous weapon by a licensed law enforcement official in the course and scope of his or her official duties.
(Ord. No. 4125, § XVI, 3-20-06)
Sec. 22-49. – Weapons—Unlawful discharge.
It shall be unlawful for any person within the city to fire or discharge any gun or firearm including, but not limited to, air guns or any other instrumentality used or employed in impelling a missile by compressed air or by a spring device, except officers in the discharge of their duties or members of the state militia on their rifle range or regularly organized gun clubs on their regular shooting grounds; provided that, nothing in this section shall be construed to apply to the firing of any gun or other firearm when done in defense of self or home or in other cases of actual necessity.
(R.O. 1938, ch. 33, § 8; Ord. No. 39; Ord. No. 323)
JAMESTOWN,
Chapter 22 OFFENSES—MISCELLANEOUS – Jamestown, North Dakota – Code of Ordinances
Sec. 22-49. – Weapons—Unlawful discharge.
It shall be unlawful for any person within the city to fire or discharge any gun or firearm including, but not limited to, air guns or any other instrumentality used or employed in impelling a missile by compressed air or by a spring device, except officers in the discharge of their duties or members of the state militia on their rifle range or regularly organized gun clubs on their regular shooting grounds; provided that, nothing in this section shall be construed to apply to the firing of any gun or other firearm when done in defense of self or home or in other cases of actual necessity.
(R.O. 1938, ch. 33, § 8; Ord. No. 39; Ord. No. 323)
MINOT,
ARTICLE I. IN GENERAL Minot, North Dakota Code of Ordinances
Sec. 23-1. Definitions.
The following definitions shall apply to the provisions of this chapter unless the context clearly indicates otherwise or unless another provision explicitly or by fair implication indicates to the contrary:
Dangerous weapon means, but is not limited to, any switchblade or gravity knife, machete, scimitar, stiletto, sword or dagger; any billy-jack, blackjack, sap, bludgeon, cudgel, metal knuckles or sand club; any slingshot; and bow and arrow, crossbow or spear; any weapon which will expel, or is readily capable of expelling, a projectile by the action of a spring, compressed air or compressed gas including any such weapon, loaded or unloaded, commonly referred to as a BB gun, air rifle, or CO2 gun; and any projector of a bomb or any object containing or capable of producing and emitting any noxious liquid, gas or substance.
WAHPETON,
DIVISION 1. GENERALLY – Wahpeton, North Dakota – Code of Ordinances
Sec. 26-136. – Concealed weapons
(5)
A bow and arrow, an unloaded rifle or shotgun, or an unloaded weapon that will expel, or is readily capable of expelling, a projectile by the action of a spring, compressed air, or compressed gas including any such weapon commonly referred to as a BB gun, air rifle, or CO2 gun, while carried in a motor vehicle.
WATFORD CITY,
ARTICLE 6 Weapons, Firearms and Fireworks – Watford City, North Dakota – Code of Ordinances
9-602 – Weapons, Possession of, Exceptions;
No person in the city shall have in his possession, except within his own domicile, or carry or use, a revolver or pistol of any description, shotgun, or rifle which may be used for the explosion of cartridges, or any air-gun, “B-B gun”, gas-operated gun or spring gun, or any instrument, toy or weapon commonly known as a “peashooter”, “sling-shot”, or “beany”, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name.
1.
Exception for Licensed and Other Specific Premises. The prohibition of sub-section 9-602 above shall not apply to licensed shooting galleries or in private grounds or premises under circumstances when such instrument can be fired, discharged or operated in such a manner as not to endanger persons or property, and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of gallery, grounds, or residence.
2.
Exception for Authorized Officials. The prohibition of this sub-section shall not be construed to forbid United States marshal, sheriffs, constables, and their deputies, and any regular, special, or ex-officio police officer, or any other law enforcement officer from carrying or wearing while on duty such weapons as shall be necessary in the proper discharge of their duties.
OHIO-
Ohio has no State law restricting non-powder guns, air-guns, spring guns or facsimile guns.
AKRON,
Article 1. Generally Akron, Ohio Code of Ordinances
137.01 Definitions.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Air gun.” Any air pistol, air rifle, BB gun, pump gun, pellet gun, CO-2 gun, or similar instrument or device capable of discharging ammunition by means of air pressure or spring action.
Article 2. Property Damage Akron, Ohio Code of Ordinances
131.12 Damaging or endangering aircraft, airport operations.
A.
For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
1.
“Air gun.” A hand pistol or rifle that propels its projectile by means of releasing compressed air, carbon dioxide, or other gas.
2.
“Airport operational surface.” Any surface of land or water that is developed, posted, or marked so as to give an observer reasonable notice that the surface is designed and developed for the purpose of storing, parking, taxiing, or operating aircraft, or any surface of land or water that is actually being used for any of those purposes.
3.
“Firearm.” Has the same meaning as in R.C. § 2923.11.
4.
“Spring-operated gun.” A hand pistol or rifle that propels a projectile not less than four or more than five millimeters in diameter by means of a spring.
B.
No person shall do either of the following:
1.
Knowingly throw an object at, or drop an object upon, any moving aircraft.
2.
Knowingly shoot with a bow and arrow, or knowingly discharge a firearm, air gun, or spring-operated gun, at or toward any aircraft.
C.
No person shall knowingly or recklessly shoot with a bow and arrow, or shall knowingly or recklessly discharge a firearm, air gun, or spring-operated gun, upon or over any airport operational surface. This subsection does not apply to the following:
1.
An officer, agent, or employee of this or any other state or the United States, or a law enforcement officer, authorized to discharge firearms and acting within the scope of his duties.
2.
A person who, with the consent of the owner or operator of the airport operational surface or the authorized agent of either, is lawfully engaged in any hunting or sporting activity or is otherwise lawfully discharging a firearm.
D.
Whoever violates subsection B of this section is guilty of endangering aircraft, a misdemeanor of the first degree. If the violation creates a risk of physical harm to any person or if the aircraft that is the subject of the violation is occupied, endangering aircraft is a felony of the fourth degree, and shall be prosecuted under appropriate state law.
E.
Whoever violates subsection C of this section is guilty of endangering airport operations, a misdemeanor of the second degree. If the violation creates a risk of physical harm to any person, endangering airport operations is a felony of the fourth degree, and shall be prosecuted under appropriate state law. Whoever violates subsection C of this section while hunting shall additionally have his hunting license or permit suspended or revoked pursuant to R.C. § 1533.68.
F.
Any bow and arrow, air gun, spring operated gun, or firearm that has been used in a felony violation of this section, shall be seized or forfeited, and shall be disposed of pursuant to R.C. § 2933.41. Penalty, see § 130.99. (R.C. § 2909.08)
ATHENS,
Chapter 13.07. Miscellaneous Offenses – Athens, Ohio – Code of Ordinances
13.07.05. – Unlawful use of air guns.
No person shall shoot, force, or throw by means of an air gun or other arm or implement, a lead, iron, or other hard substance upon a street, alley, lane, or public place.
CINCINNATI,
Chapter 708 DANGEROUS WEAPONS AND FIREWORKS Cincinnati, Ohio Code of Ordinances
Sec. 708-1-D. Dangerous Weapon.
“Dangerous Weapon” shall mean any instrument, device or thing capable of inflicting death or serious physical injury and designed or specifically adapted for use as a weapon, including an air gun, BB gun, musket, rifle, shotgun, revolver, pistol or ammunition therefor, bowie knife, dirk or other device passed, carried or used as a weapon.
(Ordained as C.M.C. 708-2 by Ord. No. 201-1980, eff. May 7, 1980; repealed and re-ordained as C.M.C. 708-1-D by Ord. No. 448-1988, eff. Nov. 16, 1988)
COLUMBUS,
No Air-gun ordinances on record.
DAYTON,
DIVISION 1. GENERAL PROVISIONS – Dayton, Ohio – Code of Ordinances
Sec. 138.09. – Unlawful discharge of air rifles.
(A)
It shall be unlawful to discharge within the city any air gun or air rifle loaded with shot or other solid missile.
(B)
Anyone who violates this section shall be guilty of a misdemeanor of the fourth degree.
(Ord. 9333, passed 3-24-13)
Cross reference— Penalty, see § 130.99.
Oklahoma-
State law reference— Discharging firearms or air rifles in public places, 21 O.S. 1981, § 1364;
§21-1364. Discharging firearm.
DISCHARGING FIREARM
Every person who willfully discharges any pistol, rifle, shotgun, air-gun or other weapon, or throws any other missile in any public place, or in any place where there is any person to be endangered thereby, although no injury to any person shall ensue, is guilty of a misdemeanor. Any person convicted of a violation of the provisions of this section after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license suspended for a period of six (6) months and shall be subject to an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
R.L.1910, § 2577. Amended by Laws 1995, c. 272, § 58, eff. Sept. 1, 1995; Laws 2012, c. 259, § 45, eff. Nov. 1, 2012.
State law reference— Discharging firearm and throwing missiles in public place prohibited, 21 O.S. § 1364.
ADA,
ARTICLE III. OFFENSES AGAINST PUBLIC PEACE Ada, Oklahoma Code of Ordinances
Sec. 50-76. Carrying weapons; exceptions.
(a)
It is unlawful for any person, except those persons authorized by law, to carry upon or about his person any pistol, revolver, weapon of the kind usually known as air pistol or air gun, or weapon of the kind usually known as a slingshot, Bowie knife, dirk knife, switchblade knife, spring-type knife, knife having a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, loaded cane, billy-club, metal knuckles or any other offensive or defensive weapon.
(b)
Notwithstanding the provisions of subsection (a) of this section, persons shall be permitted to carry within the city shotguns, rifles or air guns which are not concealed, if within a reasonable time they are carried from the city, or being carried for the purpose of having them repaired, or for the purpose of using the shotguns, rifles or air guns in a public muster or military drills, and not otherwise.
(Code 1985, § 10-306)
Cross reference— Firearms, weapons, tools in parks, § 54-18.
State law reference— State firearms act, 21 O.S. § 1289.1 et seq.; similar provisions, 21 O.S. § 1272; authority of city to prohibit carrying of weapons, 11 O.S. § 22-110.
Sec. 50-78. Discharging weapons; throwing missiles.
Except as otherwise provided herein, it is unlawful for any person to discharge any species of firearm, air pistol, air gun, slingshot, or discharge a hand grenade, bomb, or similar device, or other weapon, or throw any missile within the city, except under the following circumstances:
(1)
Police and security guards in the performance of their duties;
(2)
Persons lawfully defending or protecting life or property;
(3)
Persons practicing at non-profit gun clubs approved by the city police chief and authorized by the city council;
(4)
Persons on private property where the requirements set forth below are satisfied:
a.
Where the property on which the activity is to take place is at least 20 acres in size, shotguns, pistols and non-lethal sporting weapons such as an air pistol, air gun, slingshot, or bow and arrow may be discharged, so long as possession of the same is legal under state and federal law;
b.
Where the property on which the activity is to take place is at least 40 acres in size, any weapon which is legally possessed under state and federal law may be discharged;
c.
The property on which the activity is to take place shall be zoned A-1 (general agricultural district) or A-2 (suburban district);
d.
Only the owner of the property, and those persons approved by the owner of the property shall be allowed to discharge firearms on the property;
e.
The discharging of all firearms shall be away from adjoining property, occupied structures, and public rights-of-way, and shall be done in such a manner that such discharge will not endanger persons, livestock, or property;
f.
No firearm shall be discharged from sunset to sunrise, unless in defense of life or property.
(Code 1985, § 10-308; Ord. No. 02-01, § 1, 1-7-2002)
ARTICLE I. IN GENERAL Ada, Oklahoma Code of Ordinances
Sec. 54-18. Firearms, weapons, tools.
It shall be unlawful for any person to bring into or have possession of in any park or recreation area:
area:
(1)
Any pistol or revolver or objects upon which loaded or blank cartridges may be used. Official starters, at authorized track and field events, are exempted from this restriction.
(3)
Any rifle, shotgun, BB gun, air gun, pellet gun, spring gun, slingshot, bow, crossbow or other weapon in which the propelling force is gunpowder, a spring, air or any compressed gas.
(Code 1985, § 11-607)
Cross reference— Carrying weapons, § 50-76.
ALTUS,
No Air-gun, Spring-gun or non-powder gun ordinances listed for this municipality.
ALVA,
ARTICLE III. OFFENSES AGAINST THE PUBLIC PEACE AND ORDER Alva, Oklahoma Code of Ordinances
Sec. 32-72. Discharging firearms and BB guns.
No person shall discharge any species of firearm in the city except when doing so in the line of duty, when lawfully doing so in defense of oneself, of another person, or of property, or when otherwise authorized by law or ordinance. It is unlawful to discharge an air rifle or BB gun in the city.
(Prior Code, ch. 14; Code 1994, § 10-308)
State law reference— Authority to prohibit discharge of firearms, 11 O.S. § 22-110.
ARDMORE,
ARTICLE I. IN GENERAL – Ardmore, Oklahoma – Code of Ordinances
Sec. 19-48. – Discharging firearms in city limits.
From and after the effective date of this section [September 7, 1971], it shall be unlawful for any person to discharge within the city limits any firearm which shall include what is commonly known as B.B. guns or pellet guns.
Nothing in this section contained shall prohibit the hunting of duck or other lawful water fowl on city lakes, except Mountain Lake.
Ord. No. 1672, §§ 1, 2, 9-7-71)
BARTLESVILLE,
ARTICLE I. IN GENERAL – Bartlesville, Oklahoma – Code of Ordinances
Sec. 13-1. – Use regulations.
It is declared to be unlawful for any person to commit any of the following acts in any recreational area of the city:
6.
To use firearms, fireworks, B.B. guns, air rifles, or sling shots;
ARTICLE VII. OFFENSES AGAINST PROPERTY – Bartlesville, Oklahoma – Code of Ordinances
Sec. 12-121. – White Rose cemetery.
It is an offense for any person to commit any of the following acts in any area of White Rose cemetery:
(e)
To use firearms, fireworks, BB guns, air rifles or sling shots;
BLACKWELL,
ARTICLE IV. OFFENSES AGAINST PUBLIC ORDER – Blackwell, Oklahoma – Code of Ordinances
Sec. 20-108. – Discharge of firearms.
(a)
Generally. It shall be unlawful, except under the conditions herein provided, for any person to discharge any firearm, gun, shotgun, rifle, pistol, revolver, bow and arrow, crossbow, air gun or other device from which a bullet, shot, ball, slug, pellet, solid projectile or other missile is propelled by means of compressed air or spring tension, including, but not limited to, BB guns or slingshots, within the corporate limits of the city;
BROKEN ARROW,
ARTICLE I. IN GENERAL Broken Arrow, Oklahoma Code of Ordinances
Sec. 16-5. Discharging firearms, air rifles and BB guns; exemption of paintball guns.
(a)
It shall be unlawful and a class A offense for any persons to discharge a firearm in the city, except when doing so in line of duty, when lawfully doing so in defense of oneself, or of another person, or of property, or when otherwise authorized by law or ordinance.
(b)
This section shall not apply to the discharge of a firearm at a shooting gallery or at a shooting range, (whether indoor or outdoor), operated in conformity with section 7-48 or section 7-49 of this Code.
(c)
It shall be unlawful to discharge an air rifle or BB gun in the city.
(d)
The prohibitions set forth in this section shall not apply to the discharge of paintball guns on agricultural property or on commercial property which has been adapted specifically for such use under the following circumstances:
(1)
All participants must wear appropriate eye protection such as goggles or similar protective devices;
(2)
All persons who are shot at must be willing participants in the activity of shooting paintball guns;
(3)
No gun shall be discharged within 100 yards of any public street, unless the area where the gun is discharged has been modified as to prevent all paint projectiles from traveling onto streets, sidewalks, public parks or other public places; and
(4)
Neither paintball guns nor their projectiles may be used to fire at or on private property unless the owner of said property has given express consent.
(e)
The restrictions set forth in section 16-5(a) through (d) inclusive shall not apply to the use of paintball guns for purposes of animal husbandry.
(Code 1970, § 14-28; Ord. No. 991, § 1, 6-21-82; Ord. No. 1810, § 1, 10-4-93; Ord. No. 1964, §§ 1, 2, 12-4-95)
State law reference— Discharging firearms or air rifles in public places, 21 O.S. 1981, § 1364; authority of city to prohibit discharge of firearms, 11 O.S. 1981, § 22-110.
BROKEN BOW,
ARTICLE II. RECREATION AND PARK RULES Broken Bow, Oklahoma Code of Ordinances
Sec. 30-19. Prohibited acts.
It is hereby declared to be unlawful for any person to commit any of the following acts in any city recreational area
(6)
To use firearms, fireworks, BB guns, air rifles or slingshots;
COLLINSVILLE,
DIVISION 2. FIREARMS AND EXPLOSIVES Collinsville, Oklahoma Code of Ordinances
Sec. 36-389. Discharging firearms; exceptions.
No person shall discharge any species of firearm in the city except when doing so in the line of duty, when lawfully doing so in defense of oneself, of another person, or of property, or when otherwise authorized by law or ordinance. It is unlawful to discharge an air rifle or BB gun in the city.
(Code 2000, § 10-307)
State law reference— Discharging firearm and throwing missiles in public place prohibited, 21 O.S. § 1364.
CUSHING,
DIVISION 3. WEAPONS Cushing, Oklahoma Code of Ordinances
Sec. 70-261. Discharging firearms, air rifles, etc.
(a)
It is unlawful for any person to discharge a firearm in the city except when doing so in the line of duty, when lawfully doing so in defense of oneself, of another person or of property, or when otherwise authorized by law or ordinance.
(b)
It shall be unlawful for any person to fire, shoot or discharge any air rifle, BB gun, pellet weapon or carbon dioxide cartridge gun within the city.
(Code 1974, § 14-40; Code 1985, § 15-181)
State law reference— Discharging firearms in public place, 21 O.S. § 1364
DEL CITY,
ARTICLE I. IN GENERAL – Del City, Oklahoma – Code of Ordinances
Sec. 13-5. – Discharging firearms and other weapons; application; insurance requirements.
(a)
It shall be unlawful for any person to discharge a firearm in the city except when doing so in the line of duty, when lawfully doing so in defense of oneself, another person or property or when otherwise authorized by law or ordinance.
(b)
The discharge of weapons may be authorized by the council upon proper application by duly organized city social, civic, charitable, educational, religious or fraternal organizations, principally operating in and based in the city. The application shall be made upon forms furnished by the city clerk. The judgment of the city manager concerning whether such organization is a city organization shall be final.
(c)
Applicants shall furnish, as a condition to securing permission from the city council for the event, a public liability or standard general liability policy or spectator liability or special events policy as deemed appropriate by the city in an amount no less than five hundred thousand dollars ($500,000.00), combined single limit, to include both property damage and bodily injury, with the city as an additional insured.
(Code 1973, § 18-5)
State law reference— Discharging firearms, air guns, etc., in public places, 21 O.S. § 1364; authority of city to prohibit discharge of firearms, 11 O.S. § 22-110.
EDMOND,
CHAPTER 8.12 PUBLIC PEACE AND SAFETY – Edmond, Oklahoma – Code of Ordinances
8.12.025 – Toy Guns, Air Soft Guns and Replica Firearms.
(A)
Toy Guns, Air Soft Guns and Replica Firearms—Definitions.
1.
As used in this Section, the term “replica firearm” means and shall include any device or object made of plastic, wood, metal or any other material, which is a facsimile or toy version of or is otherwise recognizable as a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm, as that term is used under the provisions of Title 15 of the Code of Federal Regulations, Volume 3, Chapter XI, Part 1150 Marking of Toy, Look-Alike and Imitation Firearms. These terms will apply regardless of whether the replica is meant to be a child’s toy, an air soft projectile firing gun or an adult collectible. However, this definition shall not include training equipment used in the training of police officers in firearms handling which may fire soft projectiles or match the true dimensions of an actual firearm.
2.
For the purposes of this Section, the meaning of “firearm” shall be the same as the meaning of that term under the State Laws prohibiting the carrying of weapons, 21 O.S. § 1272, but shall also include air rifles, pellet and BB guns under Section (B)(2) of this Section.
(B)
Unlawful Activities Involving Toy Guns, Air Soft Guns and Replica Firearms.
1.
It shall be an offence for any person to possess a toy gun, air soft gun, or replica firearm, said item not containing a blaze orange plug permanently affixed to the muzzle end of the barrel thereof; or not having a blaze orange marking permanently affixed to the barrel itself; or is not entirely transparent or is not entirely white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple as described in 15 U.S.C. Chapter XI, Part 1150.3; whether such lack of compliance is caused by failure of the manufacturer to install same or conform to same or whether modified by removal or painting after purchase, possession of said item shall be a Class B Misdemeanor as defined by the Ordinances of the City of Edmond.
2.
It shall be an offence for any person in the presence of another person to draw, exhibit or brandish a toy gun, air gun, replica firearm, air rifle, pellet or BB gun as described in Subsection 8.12.025(A), whether or not said item contains the markings listed in Section (B)(1), when such action causes the victim to reasonably believe that the person is actually in possession of an operable firearm, or who in any manner unlawfully uses the same in any fight or quarrel, or who simulates a firearm in a threatening manner. Violation of this Section shall be a Class A Misdemeanor as defined by the Ordinances of the City of Edmond. (Ord. 3201, § 1, April 13, 2009).
GUYMON,
CHAPTER 3 OFFENSES AGAINST THE PUBLIC – Guymon, Oklahoma – Code of Ordinances
Section 10-308 – DISCHARGING FIREARMS: EXCEPTIONS.
No person shall discharge any species of firearm, in the city except when doing so in the line of duty, when lawfully doing so in defense of oneself, of another person, or of property, or when otherwise authorized by law or ordinance. It is unlawful to discharge an air rifle or BB gun in the city.
(Prior Code, Chapter 7)
Cross reference— See also Section 10-206 for provisions on throwing or shooting at persons or property.
LAWTON,
Division 16-4-4 Firearms and Deadly Weapons Lawton, Oklahoma Code of Ordinances
16-4-4-466 Discharging firearms and other dangerous weapons—Exception.
A.
No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun, or slingshot.
B.
This section shall not apply to the following circumstances:
1.
In necessary self-defense of persons or property;
2.
A law enforcement officer in the performance of his duty;
3.
For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
4.
For the purpose of target shooting on private premises with air, spring or CO2 operated BB, pellet guns or slingshots if:
a.
The target area is enclosed in such manner and with materials that will stop the projectiles;
b.
Such target shooting is supervised by an adult at all times; and
c.
Any safety precautions recommended by the chief of police are complied with.
5.
In an area recommended as a hunting area by the state and approved by the chief of police. Such area shall be posted as required by the chief of police and may be closed at any time by the chief of police;
6.
Where a permit is issued by the chief of police; or
7.
Any military exercise or parade.
LINDSAY,
ARTICLE IV. OFFENSES AGAINST THE PEACE – Lindsay, Oklahoma – Code of Ordinances
Sec. 19-89. – Discharging firearms, air rifles and BB guns.
It shall be unlawful for any person to discharge a firearm in the city except when doing so in line of duty, when lawfully doing so in defense of oneself, of another person, or of property, or when otherwise authorized by law or ordinance.
It shall be unlawful to discharge an air rifle or BB gun in the city.
(Code 1965, § 14-28)
State law reference— Similar provisions, 21 O.S. 1971, § 1364.
MIAMI,
DIVISION 1. GENERALLY Miami, Oklahoma Code of Ordinances
Sec. 13-123. Discharging firearms, air rifles, and BB guns.
(a)
It is unlawful for any person to discharge a firearm, including pistols, in the city except when lawfully doing so in defense of oneself, of another person, or of property, or when authorized by law or ordinance.
(b)
It is unlawful to discharge an air rifle, BB gun or miscellaneous projectile devices in the city; provided that the provisions herein contained shall not apply on properties within the corporate limits of the city which are within a duly established RA-Agricultural zoned district.
(Ord. No. 1526, § 1, 11-19-07)
MIDWEST CITY,
ARTICLE VI. WEAPONS Midwest City, Oklahoma Code of Ordinances
Sec. 28-104. Weapons; conditions for carrying concealed and unconcealed weapons
(a)
The following definitions shall apply to this section:
(1)
Concealed handgun means a loaded or unloaded pistol carried hidden from the detection and view of another person either upon or about the person, in a purse or other container belonging to the person, or in a vehicle which is operated by the person or in which the person is riding as a passenger.
(2)
Pistol means any derringer, revolver or semiautomatic firearm which:
a.
Has an overall length of less than sixteen (16) inches and is able to be fully concealed from detection and view;
b.
Is capable of discharging a projectile composed of any material which may reasonably be expected to be capable of lethal injury;
c.
Is designed to be held and fired by the use of a single hand; and
d.
Uses either gunpowder, gas, compressed air or any means of rocket propulsion to discharge the projectile.
(3)
Weapon means any pistol, revolver, shotgun, or rifle, whether loaded or unloaded, or any dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, sword, knife which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, blackjack, loaded cane, billy club, asp, hand chain, metal knuckles or any other offensive weapon, whether concealed or unconcealed.
(b)
It shall be unlawful for any person to carry any weapon, concealed or unconcealed, unless the person is in the possession of a permit to carry a concealed handgun as authorized by the Oklahoma Self-Defense Act, 21 O.S. §§ 1290.1, et seq. as may be amended from time to time. The above provisions shall not apply to persons properly using guns or knives for hunting, fishing, educational or recreational purposes or to persons carrying weapons as allowed by other provisions of state or federal law.
(c)
It shall be unlawful for any person, other than a commissioned law enforcement official or other person authorized to carry a weapon on city or government property, to possess any weapon on city property at any time.
(d)
Any person violating any of the provisions of this section shall be punished by a fine or imprisonment in accordance with section 1-15 of this Code, plus costs, or by both such fine and imprisonment, and any weapon seized as evidence, upon conviction, shall be destroyed upon order of the court.
(Code 1972, § 23-126; Ord. No. 1906, § 1, 10-25-83; Ord. No. 2019, § 1, 3-12-85; Ord. No. 2611, § 1, 8-22-95; Ord. No. 2775, § 3, 2-22-00; Ord. No. 3005, § 17, 12-12-06)
MOORE,
ARTICLE A GENERAL PROVISIONS – Moore, Oklahoma – Code of Ordinances
SECTION 10-406 – SALE OF WEAPONS TO MINORS PROHIBITED.
It is unlawful for any person to sell or give to any minor any firearm or weapon designated in Section 10-406 of this code.
(Prior Code, Sec. 16-52)
SECTION 10-407 – CARRYING, DISCHARGING FIREARMS.
A.
A person is permitted to carry firearms open and unconcealed only as may be authorized by state law.
B.
It is unlawful for any person to discharge a firearm within the city except when doing so in line of duty, in defense of oneself, of another person or property or when otherwise authorized by law or ordinance. “Firearms” as used in this section includes air rifles, BB guns and all firearms as defined by state law.
MOUNDS,
DIVISION 2. WEAPONS – Mounds, Oklahoma – Code of Ordinances
Sec. 28-82. – Discharging firearms; exceptions.
No person shall discharge any species of firearm in the town except when doing so in the line of duty, when lawfully doing so in defense of oneself, of another person, or of property, or when otherwise authorized by state law or ordinance. It is unlawful to discharge an air rifle or BB gun in the town.
(Prior Code, § 10-307; Code 2001, § 9.36.020)
MUSKOGEE,
State law reference— Discharging firearms or air rifles in public places, 21 O.S. 1981, § 1364; authority of city to prohibit discharge of firearms, 11 O.S. 1981, § 22-110.
MUSTANG,
DIVISION 2. WEAPONS – Mustang, Oklahoma – Code of Ordinances
Sec. 78-174. – Discharging of firearms.
(a)
It shall be unlawful for any person to discharge a firearm in the city except when doing so in the line of duty, when lawfully doing so in defense of oneself, another person, property or when otherwise authorized by law or ordinance. It is unlawful to discharge an air rifle or BB gun in the city.
(b)
It shall be unlawful to discharge a firearm for hunting purposes within the city limits.
(Code 1977, § 9.72.080.1)
State law reference— Authority to prohibit discharge of firearms preserved, 21 O.S. § 1289.24; discharging firearm in public place, 21 O.S. § 1364.
NICHOLS HILLS,
DIVISION 2. WEAPONS – Nichols Hills, Oklahoma – Code of Ordinances
Sec. 32-220. – Minors.
It shall be unlawful, and an offense, for any minor to carry, discharge or use within the city any firearm, shotgun, rifle, air gun, spring gun, slingshot or bean-flip. It shall be unlawful to sell any of the above named articles to a minor.
(Code 1989, § 14-15; Code 1992, § 15-149)
NICOMA PARK,
ARTICLE III. OFFENSES AGAINST PUBLIC SAFETY AND ORDER – Nicoma Park, Oklahoma – Code of Ordinances
Sec. 62-64. – Discharging weapons; throwing missiles; providing for exceptions.
(a)
Except as authorized by law or ordinances, it is unlawful for any person to discharge or fire any species of firearms, air pistol, air rifle, air-gun, slingshot or discharge a hand grenade, bomb or similar device, or other weapon, or use a slingshot or similar device to throw or project any missile within the city, except when necessary for the protection of life or property in accordance with law, subject to the exceptions as hereinafter provided.
(b)
The discharge of weapons for special limited events may be authorized by the city council upon proper application by duly organized civic, charitable, educational, religious or fraternal organizations. The discharge shall be subject to such restrictions and conditions as may be approved by the council at the time of approval of the application.
(1)
The applicant shall furnish, as a condition to securing permission from the city council for the event, a public liability or standard general liability policy or spectator liability, or special events policy, as deemed appropriate by the city in an amount not less than $250,000.00, combined single limit, to include both property damage and bodily injury, with the city as an additional insured.
(2)
The applicant shall pay a fee according to a schedule of fees as shall be modified from time to time by the city council, and made available for public viewing in the city clerk/treasurer’s office, if the event is authorized by the council.
(Code 1973, § 14-28; Code 1983, § 14-38; Ord. No. 200, § 1, 9-6-1983; Ord. No. 291, § 1, 3-7-1995)
State law reference— Discharging firearms in public place, 21 O.S. § 1364; authority of city to regulate discharge of firearms, 11 O.S. § 22-110.
NORMAN,
ARTICLE VI. OFFENSES AGAINST PROPERTY Norman, Oklahoma Code of Ordinances
Sec. 15-607. Activities prohibited in Sutton Urban Wilderness; exceptions by written permit.
(a)
No person shall engage in the following activities within the Sutton Urban Wilderness, except by written permit for scientific purposes issued by the Parks and Recreation Department:
(12)
Possessing a bow, slingshot, air gun, firearm, or any other such device to hurl projectiles;
ARTICLE V. OFFENSES AGAINST THE PEACE Norman, Oklahoma Code of Ordinances
Sec. 15-502. Discharging firearms, exceptions.
(a)
Except as otherwise provided, no person shall discharge any firearm, BB gun or air rifle within the City limits.
(b)
Persons excepted from the above subsection are:
(1)
Individuals practicing at an authorized firing range,
(2)
Police and security guards in performance of their duties,
(3)
Persons lawfully defending themselves, their property, or another’s person or property,
(4)
Hunters in those areas zoned A-2, so long as the bullet or projectile does not pass or is likely to pass through or fall within a populated area or place of habitation.
(Ord. No. 0-7273-56)
Cross reference— Persons hunting in area referred to in subsection (b) (4) above exempt from prohibition against killing wild birds, § 3-502.
OKLAHOMA CITY,
§ 30-308. Discharging firearms; exceptions, shooting galleries.
No person shall discharge any species of firearms, air guns, stun guns, or weapons, except as provided hereinafter:
(1)
Shotguns. The discharging of shotguns, if done from a point of at least 600 feet, from any residence or place of business in which persons reside, or engage in business or congregate, provided no shells containing projectiles larger than No. 2 shots may be used.
(2)
Police Officers. Police Officers, or those impressed into peace officers’ duties by the Police Department, who, in the performance of their duties, discharge firearms, stun guns or other authorized weapons as the occasion warrants.
(3)
Shooting gallery. Any type of firearm discharged in an approved shooting gallery or on an approved shooting range.
(Code 1980, § 30-253; Ord. No. 18218, § 2, 8-6-85; Ord. No. 23693, § 1, 9-23-08)
State law reference— Similar provisions, 21 O.S. § 1289.13.
§ 30-310. Penalty.
(a)
Any person who violates any of the provisions of this article except Section 30-306 of this article shall be guilty of a Class “a” offense.
(b)
Any person who violates the provisions of Section 30-306 of this article shall be guilty of an offense and, upon conviction thereof, shall be punished by a fine of not more than $70.00 and costs.
SALLISAW,
State law reference— Discharging firearms or air rifles in public places, 21 O.S. 1981, § 1364; authority of city to prohibit discharge of firearms, 11 O.S. 1981, § 22-110.
SHAWNEE,
State law reference— Discharging firearms or air rifles in public places, 21 O.S. 1981, § 1364; authority of city to prohibit discharge of firearms, 11 O.S. 1981, § 22-110.
STILLWATER,
ARTICLE IV. OFFENSES INVOLVING PUBLIC PEACE AND ORDER – Stillwater, Oklahoma – Code of Ordinances
Sec. 16-78. – Discharging firearms, air rifles, and BB guns.
It is unlawful for any person to discharge a firearm in the city except when doing so in line of official duty, when lawfully doing so in defense of oneself, of another person, or of property, when doing so in a properly supervised rifle range or shooting match, or when otherwise authorized by law or ordinance. It is unlawful to discharge an air rifle or BB gun in the city; provided that the provisions herein contained shall not apply on properties within the corporate limits of the city which are within a duly established A-Agricultural zoned district.
(Code 1966, § 14-34; Code 1982, § 16-78; Ord. No. 1602, § 1, 1-26-1976)
State law reference— Authority to adopt, 21 O.S. § 1289.24.
TECUMSEH,
DIVISION 1. GENERALLY – Tecumseh, Oklahoma – Code of Ordinances
Sec. 28-200. – Discharging firearm in public.
Every person who willfully discharges any pistol, rifle, shotgun, air gun, or other weapon within the city limits is guilty of a misdemeanor. This section shall not apply to law enforcement officers, including the animal control officer, in the performance of their duties.
(Code 1990, § 10-516; Code 2010, § 10-516; Ord. No. 628, 5-7-2001)
State law reference— State Firearms Act, 21 O.S. § 1289.1 et seq.
THACKERVILLE,
DIVISION 8. FIREARMS; WEAPONS; EXPLOSIVES Thackerville, OklahomaCode of Ordinances
Sec. 28-242. Discharge prohibited.
No person shall discharge or cause to be discharged any firearm, bow and arrow, missile-throwing device, slingshot, fireworks, explosives, or air or gas gun in, into or onto any town park property without consent of the board and town police department.
(Ord. No. 05-1110-1, § A(10)(3), 2-9-2006)
TULSA,
CHAPTER 15. WEAPONS Tulsa, Oklahoma Code of Ordinances
Section 1503. Air rifle defined.
The term “air rifle” as used in this chapter shall mean and include any instrument in which the propelling force is a spring or air.
(Ord. No. 19156)
Section 1513. Certain discharges of firearms, air rifles or slingshots lawful.
It shall not be a violation of any provision of this chapter to discharge a firearm, air rifle or slingshot:
A.
When done by any peace officer in the performance of any legal duty or by any person assisting such officer or acting at such officer’s direction;
B.
When resisting any attempt to murder or to commit any felony upon any person or upon any dwelling occupied by any person;
C.
When discharged in the lawful defense of any person when there is reasonable grounds to apprehend a design to commit a felony or to do some great personal injury and there is imminent danger of such design or injury being accomplished;
D.
When necessarily discharged in an attempt, by lawful means, to arrest any person for any felony committed, in the suppression of any riot, or lawfully keeping or preserving the peace;
E.
When discharged by an unforeseeable accident or misfortune, while doing any lawful act, by lawful means, using ordinary care, without unlawful intent.
F.
When done by military personnel in the performance of any lawful duty at a military function of federal or state armed forces, including but not limited to the Oklahoma Army or Air National Guard, Federal Military Reserve or other active military forces; and
G.
When discharged in the lawful defense of any person or property and there is reasonable grounds to apprehend a great injury from the presence of a vicious, dangerous or deadly animal.
(Ord. Nos. 15821, 19156, 20524)
Section 1517. Air rifles and slingshots—discharging prohibited—transportation.
A.
Discharging air rifles and slingshots. It shall be unlawful for any person to fire or discharge any loaded air rifle or slingshot within the corporate limits of the City. Every person violating this section shall be guilty of an offense and, upon conviction, shall be punished by a fine of not more than Two Hundred Dollars ($200.00), excluding costs, fees and assessments. The Chief of Police or any officer under the Chief’s command is authorized to seize and confiscate any air rifle or slingshot used in violation of this section.
It shall not be a violation of this section if an air rifle or slingshot is discharged within a shooting range operated consistent with Section 1506 of this chapter and all other ordinances, rules and regulations of the City.
B.
Transporting air rifles and slingshots. Except as otherwise provided by the provisions of the Oklahoma Self-Defense Act, 21 O.S.2001, §§ 1290.1, et seq., or another provision of state statute, it shall be unlawful to transport a loaded air rifle or slingshot in a landborne motor vehicle over a public highway or roadway. However, an air rifle may be transported when a clip or magazine is loaded and not chamber loaded when transported in an exterior locked compartment of the vehicle or trunk of the vehicle.
(Ord. Nos. 19156, 20524)
Section 1518. Each discharge a separate offense.
Each separate discharge of a firearm or air rifle made unlawful under any provision of this chapter shall constitute and be punishable as a separate offense under the provisions of this chapter.
(Ord. Nos. 16482, 19156)
Section 1519. Weapons confiscation.
A.
In addition to the penalty provided in this chapter, the Judge of the Municipal Court may order and adjudge any weapon, air rifle or firearm to be an instrument used in violation of the Revised Ordinances of the City of Tulsa and may order the same to be destroyed by the Chief of Police if such article has no value for a lawful purpose; but if it has any value for a lawful purpose, it may be ordered by the Judge to be held pending a hearing on a date set by the Judge to determine whether such weapon, air rifle or firearm shall be confiscated. Any person known to the Chief of Police to be claiming an interest in such weapon, air rifle or firearm shall be notified in writing of the hearing at least five (5) days prior thereto; provided, that notice given in open court to the person in whose possession the weapon, air rifle or firearm is found shall be sufficient as to him. Upon such hearing, the Court may order such weapon, air rifle or firearm sold unless it appears to the Court that the owner thereof did not participate in or have knowledge of such violation or of the intended use of such weapon, air rifle or firearm. The weapon, air rifle or firearm, if ordered sold, shall be sold at public auction by the Chief of Police upon the posting of a notice at the police station three (3) days prior thereto, and the proceeds shall be paid into the General Fund of the City of Tulsa.
B.
Whenever a person under eighteen (18) years of age is detained or arrested by a law enforcement officer and is carrying any weapon, air rifle or firearm prohibited by Section 1514 of this chapter, every prohibited weapon, air rifle and firearm may be confiscated and forfeited to the confiscating authority. Such confiscation and forfeiture shall not require that criminal charges be filed against the minor. However, when a weapon, air rifle or firearm, confiscated pursuant to the provisions of this chapter, has been taken by a minor without the permission of the owner, the weapon, air rifle or firearm shall be returned to the owner, provided the possession of such weapon, air rifle or firearm by an adult is not otherwise prohibited by law.
(Ord. Nos. 18067, 19156, 20524)
CHAPTER 21. PRIVATE PROPERTY Tulsa, Oklahoma Code of Ordinances
Section 2103. Injury to poles.
It shall be an offense for any person to throw any missile at any electrical light pole, telegraph pole, telephone pole or any pole used for the purpose of traffic control, either by casting such missile with the hand or by projecting such missile with any device, sling, pistol, air gun or other gun, or to throw or project such missile at any fixtures, lamps, attachments, wires, cables or braces used with such pole.
CHAPTER 3. DETENTION FACILITIES AND RECREATIONAL AREAS SUPERVISED BY PUBLIC WORKS Tulsa, Oklahoma Code of Ordinances
Section 303. Prohibited acts
Q.
No person shall bring into or have in his possession in any facility any firearm, BB gun, air pistol, bow and arrow, crossbow, slingshot, knife or other weapon capable of inflicting injury to persons, animals or public property, whether or not such weapons are loaded, unless such facility has been specifically designated and posted for such use or unless the use is in conjunction with an approved program.
CHAPTER 1. PARKS Tulsa, Oklahoma Code of Ordinances
Section 103. Prohibited acts
Q.
No person shall bring into or have in his possession in any park area or facility any firearm, BB gun, air pistol, bow and arrow, crossbow, slingshot, knife or other weapon capable of inflicting injury to persons, animals or public property, whether or not such weapons are loaded, unless such park area or facility has been specifically designated and posted for such use or unless the use is in conjunction with an approved program.
YUKON,
ARTICLE I. IN GENERAL – Yukon, Oklahoma – Code of Ordinances
Sec. 74-3.1. – Discharging firearms.
It is unlawful for any person to discharge a firearm in the city except when doing so in the line of duty, when lawfully doing so in defense of oneself, of another person, or of property or when otherwise authorized by this Code or any law or ordinance. It is unlawful to discharge an air rifle or BB gun in the city.
(Ord. No. 920, § 1, 11-7-95)
ARTICLE II. MUNICIPAL COURT – Yukon, Oklahoma – Code of Ordinances
Sec. 34-59. – Schedule of fines and bond.
Any person released upon personal recognizance may elect to enter a plea of guilty or nolo contendere to the violation charged at any time before the defendant is required to appear for arraignment by pleading guilty or nolo contendere in the court clerk’s office and paying the fine according to the following schedule, in addition to court costs, penalty assessments and state mandated fees. Upon arrest, the defendant shall be eligible for release upon the giving of bail according to the following bond schedule, in addition to court costs, penalty assessments and state mandated fees.
Unlawful discharge of firearm/air rifle/bb gun …..350.00
Oregon-
Oregon has no law restricting non-powder guns, air-guns or spring guns.
BAKER CITY,
CHAPTER 130: GENERAL OFFENSES – Baker City, Oregon – Code of Ordinances
§ 130.02 – DISCHARGE OF WEAPONS.
(A)
No person other than an authorized peace officer shall fire or discharge within the city any air gun or weapon which acts by force of gunpowder or other explosive or by the use of jet or rocket propulsion.
(B)
The provisions of this section shall not be construed to prohibit the firing or discharging of any weapon by:
(1)
Any person in the defense or protection of his or her property, person or family;
(2)
At any place duly designated or commonly used for target practice; and
(3)
Any person authorized in advance by the City Manager to engage in rodent control at Mt. Hope Cemetery, while the person is actually engaged in such control.
(Ord. 2976, passed 11-8-1988) Penalty, see § 130.99
CARLTON,
Chapter 9.02 OFFENSES Carlton, Oregon Code of Ordinances.
9.02.043 Air guns.
It shall be unlawful for any person to discharge an air gun or to use any bean shooter, slingshot, or other similar weapon or device.
(Ord. 234 § 43, 1940)
CHILOQUIN,
Chapter 9.28 WEAPONS Chiloquin, Oregon Code of Ordinances
9.28.020 Discharge of weapons.
A.
No person other than an authorized peace officer shall fire or discharge within the city any air gun or weapon which acts by force of gunpowder or other explosive, or by the use of jet or rocket propulsion.
B.
The provisions of this section shall not be construed to prohibit the firing or discharging of any weapon by:
1.
Any person in the defense or protection of his property, person or family;
2.
At any place duly designated or commonly used for target practice.
(Ord. 160 §6, 1957)
COQUILLE,
Chapter 9.20 WEAPONS – Coquille, Oregon – Code of Ordinances
9.20.020 – Discharging air guns.
Except on a person’s own property or as set out in Section 9.20.030, no person shall discharge an air gun within the city limits.
(Ord. 1296 § 3, 1991)
9.20.030 – Designated locations to discharge firearms.
Nothing herein shall prohibit the common council of the city from designating locations within the city limits at which the discharging of firearms or air guns may be allowed. No such location shall be approved by the council unless adequate provisions are made for public safety and noise containment.
(Ord. 1296 § 4, 1991)
ENTERPRISE,
Chapter 9.12 OFFENSES AGAINST PUBLIC PEACE AND DECENCY – Enterprise, Oregon – Code of Ordinances
9.12.180 – Killing birds prohibited.
Any person who shall discharge any firearm, air gun, or other similar device, or who shall throw any missile at any nongame bird with intent to kill or injure the same shall be deemed guilty of a misdemeanor.
(Ord. 219 § 45, 1939)
HINES,
Chapter 9.12 WEAPONS AND FIREWORKS Hines, Oregon Code of Ordinances
9.12.020 Discharge of weapons.
Except at firing ranges approved by the council, no person other than a peace officer shall fire or discharge a gun, including spring or air-actuated pellet guns, air guns or BB guns, or other weapon which propels a projectile by use of gunpowder or other explosive, jet or rocket propulsion.
(Ord. 196 §22, 1990)
Independence,
ARTICLE VIII. WEAPONS AND FIREWORKS Independence, Oregon Code of Ordinances
Sec. 18-231. Possession of firearms.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearm means a pistol, revolver, gun, rifle, including a miniature weapon, spring gun, air gun, BB gun or other weapon which projects a missile or shot by force of gunpowder or any other explosive, by spring or by compressed air, jet or rocket propulsion.
(b)
It is unlawful for any person to possess or carry a firearm, loaded or unloaded, in a park, public building, school, school premises, school parking lot or school premises used in connection with public passenger transportation.
(c)
The prohibitions in this section do not apply to:
(1)
A law enforcement officer in the performance of official duty, a member of the military in performance of official duty, a person licensed to possess a loaded firearm while in or on a public building or court facility under ORS 166.370, an employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife, to any government employee authorized or required by their employment or office to carry or use firearms, or to any person authorized by permit of the Chief of Police to possess or discharge a firearm;
(2)
Any person issued a lawful concealed weapons permit;
(3)
The possession of a bow and arrow in an archery range duly established and supervised as a part of a formal program of education by any recognized institution of learning;
(4)
Persons authorized by written permission of the Chief of Police to discharge blank ammunition for a lawful purpose; or
(5)
Hunters using the Riverview Park dock facility as access for boat hunting.
(d)
The offense described in this section is an Independence Municipal Code Class A violation, per section 1-22
(Prior Code, § 44.186; Code 2006, § 9.24.1; Ord. No. 1249, § 1, 1991; Ord. No. 1468, § 1, 2008)
Sec. 18-232. Discharging a weapon.
(a)
A person commits the offense of discharging a weapon if he discharges a firearm, air rifle, pellet gun, bow and arrow, sling shot, catapult or other device capable of propelling a shot, arrow or other projectile with force sufficient to cause risk of injury to person or property, within the limits of the city.
(b)
This section shall not apply to:
(1)
A person discharging a firearm in the lawful defense of personal or property;
(2)
A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting;
(3)
An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife;
(4)
A peace officer who shall discharge a firearm in the line of the official duty;
(5)
The discharge of an arrow in an archery range duly established and supervised as a part of a formal program of education by any recognized institution of learning;
(6)
Any person justified in using deadly physical force under the provisions of ORS ch. 161;
(7)
Adult persons (age 18 years or older) utilizing a pellet gun to euthanize a Nutria which has been caught in a trap on private property, and with permission of the property owner. Persons so discharging a weapon under this exemption must first notify the Independence Police Department to advise their name, location and approximate time they will be using the weapon.
(c)
The offense described in this section is an Independence Municipal Code Class A violation, per section 1-22
(Prior Code, § 44.185; Code 2006, § 9.24.2; Ord. No. 1207, § 1, 1990; Ord. No. 1468, § 1, 2008)
State law reference— Authority to regulate discharge of firearms within the city, ORS 166.172.
Sec. 18-233. Concealed weapons.
Except as provided in ORS 166.240, 166.260 and 166.291, no person shall carry concealed about the person’s person or carry concealed in a vehicle a revolver, pistol or other firearm; any knife other than an ordinary pocket knife; any dirk, dagger or stiletto; any metal knuckles; or any other weapon by the use of which injury could be inflicted upon the person or property of another. For purposes of this section, the term “ordinary pocket knife” is one with a maximum blade length of 3½ inches, which is not a switchblade or spring-blade knife. The offense described in this section is an Independence Municipal Code Class A violation, per section 1-22.
(Prior Code, § 44.180; Code 2006, § 9.24.3)
State law reference— Carrying concealed weapons prohibited, ORS 166.240.
ARTICLE IX. CITY PARKS AND RECREATION AREAS Independence, Oregon Code of Ordinances
Sec. 26-375. Activities prohibited exceptions.
(a)
Prohibited acts. The following activities shall be prohibited, except under specified conditions:
(1)
Use of alcoholic beverages in parks. It is unlawful for any person to possess or consume any alcoholic beverage in a park, except under the following conditions:
(4)
Hunting and firearms. It is unlawful for any person to hunt, trap or pursue wildlife at any time, or to use, carry or possess loaded firearms, air rifles, spring guns, bows and arrows, slings or any other form of weapon potentially harmful to wildlife and/or human safety, or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device, or any weapon designated as dangerous by the laws of the state. Excepted from this provision are instruments loaded with blank cartridges used at bona fide, licensed track and field events, sporting events or organized and licensed black-powder shooting events. Further excepted are hunters using the park facility as access for boat hunting. In this exception, hunters must ensure that their guns are unloaded.
LEBANON,
Chapter 9.20 WEAPONS – Lebanon, Oregon – Code of Ordinances
9.20.030 – Discharge—Prohibited.
A.
No person other than an authorized peace officer shall fire or discharge within the city any gun, including any weapon which acts by force of gunpowder or other explosive, or by the use of jet or rocket propulsion or spring gun.
B.
No person other than an authorized peace officer shall discharge any air gun or crossbow or bow and arrow except with the permission of the affected property owner or other person lawfully in control of the property. No projectile so discharged may leave the property upon which permission to discharge was granted.
(Ord. 2115 § 1, 1992: Ord. 1800 § 17(1), 1980)
(Ord. No. 2793, § 1, 4-14-2010)
ONTARIO,
NO Air-gun ordinances listed.
OREGON CITY,
Chapter 9.24 WEAPONS Oregon City, Oregon Code of Ordinances
.24.030 Air guns.
It is unlawful for any person under eighteen years of age to possess or discharge a gun capable of discharging a projectile by means of a spring or compressed air, commonly known as an air gun, and it is unlawful for any person to permit another under eighteen years of age to possess or discharge such a gun, except at a safeguarded target range under the supervision of an adult.
(Ord. 07-1005 § 1(part), 2007)
PHOENIX,
Chapter 9.24 WEAPONS – Phoenix, Oregon – Code of Ordinances
9.24.010 – Discharging firearms, bows, slingshots, explosives prohibited.
No person shall use, discharge or fire any hunting bow, crossbow, or hunting slingshot, or use explosives, nor shall any person discharge any air-rifle, rifle, gun, revolver or other firearm, within the corporate limits of Phoenix, Oregon; provided, however, that this section shall not prevent the discharge of firearms by police officers in the performance of their duties or by a private citizen in the lawful protection of persons or property.
(Ord. 575 § 1, 1984: Ord. 263 § 2, 1967)
9.24.020 – Violation—Penalty.
Violation of any provision of this section shall be punishable upon conviction by a fine pursuant to Section 1.20.020 of this code. Any peace officer may, upon reasonable cause to believe that a violation of this section has occurred, confiscate the firearm used to violate this section; provided, however, the firearm shall be returned in the event of acquittal or dismissal of the charge.
(Ord. 881, 2007: Ord. 263 § 3, 1967)
Chapter 12.28 GREENWAY – Phoenix, Oregon – Code of Ordinances
12.28.050 – Regulations; prohibitions.
All regulations of the Greenway shall apply to and be in full force and effect within the Greenway area unless otherwise specifically authorized by Sections 12.28.010 to 12.28.080 or by declaration of the Greenway Authority or local unit of government independent of each other as a representative of each applicable jurisdictional boundary affected by the Greenway.
M.
Firearms, Air Guns and Other Weapons. No person, other than law enforcement officers performing their official duties, shall discharge any firearm, air gun, pellet gun, bow and arrow, slingshot or other projectile propelling device within the Greenway
ROSEBURG,
No Air-gun ordinances listed.
SHERIDAN,
Chapter 9.36 WEAPONS – Sheridan, Oregon – Code of Ordinances
9.36.010 – Discharge of weapons.
A.
No person other than an authorized peace officer shall fire or discharge a gun or other weapon, including spring or air-actuated pellet guns, air guns, or BB guns, or a weapon which propels a projectile by use of gunpowder or other explosive, jet, or rocket propulsion.
B.
The provisions of this section shall not be construed to prohibit the firing or discharging of a weapon by any person in the defense or protection of his or her property, person or family.
(Ord. 66-10 § 7, 1966)
Chapter 12.24 PARKS – Sheridan, Oregon – Code of Ordinances
12.24.020 – Rules and regulations for city parks.
A.
General Rules of Use.
6.
Firearms, B.B. guns, air rifles, knives other than cooking cutlery and pocket knives in the possession of an adult, slingshots or similar objects capable of inflicting bodily harm shall not be allowed in city park.
SHERWOOD,
Chapter 9.36 OFFENSES AGAINST PUBLIC PEACE AND DECENCY – Sherwood, Oregon – Code of Ordinances
9.36.140 – Unlawful discharge of weapons.
A.
No person, other than a peace officer, shall fire or discharge within the city any gun or other weapon, including spring or air actuated pellet guns, air guns, BB guns, or other weapons which propel a projectile by use of gun powder or other explosive, jet or rocket propulsion, use of gas or other propellant.
B.
No person may shoot a slingshot, blow gun, bow and arrow or any instrument of any similar type or throw a dagger, spear, stiletto, throwing star or any instrument of any other type.
C.
The provisions of this section shall not be construed to prohibit the firing or discharging of any weapon by:
1.
Persons lawfully defending life or property as provided in ORS 161.219; or
2.
Persons discharging firearms, blowguns, bows and arrows, crossbows or explosive devices upon public or private shooting ranges, shooting galleries or other areas designated and built for the purpose of target shooting.
D.
Unlawful discharge of weapons is a Class B violation.
(Ord. 98-1044 § 29; Ord. 97-1030: Ord. 91-941)
SILETZ,
Chapter 4.01 CRIMINAL CODE Siletz, Oregon Code of Ordinances
4.01.030 Discharging weapons.
A.
No person other than a police officer shall fire or discharge any gun or other weapon, including spring-actuated or air-actuated pellet guns, or weapons which propel a projectile by use of a bow or sling, explosives, or jet or rocket propulsion.
B.
The provisions of this section shall not be construed to prohibit the firing or discharging of any weapon:
1.
By any person in the defense or protection of his property, person or family; as defined under the Oregon Revised Statutes.
2.
At any place duly licensed or designated or commonly used for target practice.
C.
Violation of this section is a Class A infraction with a maximum forfeiture of one thousand dollars.
(Ord. No. 178, § 4, 6-14-2007)
TROUTDALE,
Chapter 9.48 WEAPONS Troutdale, Oregon Code of Ordinances
9.48.020 Discharge of weapons—Prohibited.
A.
No person other than an authorized peace officer shall fire or discharge a gun or other weapon, including spring or air-actuated pellet guns, air guns or BB guns, or weapon which propels a projectile by use of gunpowder or other explosive, jet or rocket propulsion within the city.
B.
The provisions of this section shall not be construed to prohibit the firing or discharging of a weapon by any person in the lawful defense of the person or the person’s family.
(Ord. 754 § 13 Att. M (part), 2004: Ord. 364-O, 1982; Ord. 352-O § 2 (7.60.165), 1981)
9.48.030 Violation—Penalty.
A violation of this chapter is a Class A misdemeanor as defined by state law.
(Ord. 754 § 13 Att. M (part), 2004: Ord. 352-O § 2 (7.60.170), 1981)
Chapter 9.44 AIRGUNS* Troutdale, Oregon Code of Ordinances
9.44.010 Air gun defined.
The term “air gun” as used in this chapter, means any small gun or rifle capable of discharging a leaden or metallic bullet, or any pellet capable of injuring persons or property, by means of a spring or of air pressure.
(Ord. 754 § 12 Att. L (part), 2004)
9.44.020 Possession or discharge by minors unlawful.
It is unlawful for any minor in the city to have in his possession, carry, discharge any air gun.
(Ord. 754 § 12 Att. L (part), 2004)
9.44.030 Furnishing to minors by persons unlawful.
It is unlawful for any person other than a parent or guardian to give, sell or otherwise dispose of any air gun to any minor within the city.
(Ord. 754 § 12 Att. L (part), 2004)
9.44.050 Exceptions to chapter provisions.
Notwithstanding any provisions of this chapter to the contrary, it shall be lawful for a minor to carry and discharge an air-gun, provided that:
A.
The air-gun is owned by a club, team or society organized for the purpose of promoting training and marksmanship in the use of firearms and/or air-guns; and
B.
The carrying and discharge of the air-gun takes place at a regularly established properly safeguarded firing range under the control of such club, team or society, under the supervision, guidance and instruction of a responsible adult; and
C.
The minor is either a duly enrolled member of such club, team or society or has its written permission to carry and discharge the air-gun at the firing range under the control of such club, team or society.
(Ord. 754 § 12 Att. L (part), 2004)
Chapter 13.20 PARK AND RECREATION AREAS* Troutdale, Oregon Code of Ordinances
13.20.240 Firearms.
No person shall discharge a firearm, air rifle, spring gun, bow and arrow or other weapon in or over any park except for areas specifically designated for that purpose.
(Ord. 747 § 2 Att. 2 (part), 2004)
ORDINANCE LIST AND DISPOSITION TABLE Troutdale, Oregon Code of Ordinances
Air gun regulations (Repealed by 352-O).
WASHINGTON COUNTY,
No Air-gun ordinances listed.
Pennsylvania-
With certain exceptions, Pennsylvania law prohibits:
•Any person from selling, lending, giving, or otherwise transferring any air rifle to any person under age 18, except where the relationship of parent and child, guardian and ward or adult instructor and pupil exists between such person and the person under age 18.
•Any dealer from selling, lending, renting, giving, or otherwise transferring an air rifle to any person under age 18, where the dealer knows, or has reasonable cause to believe, the person to be under age 18, or where such dealer has failed to make reasonable inquiry relative to the age of such person, and such person is under age 18.
•Any person under age 18 from carrying any air rifle on the highways or public lands unless accompanied by an adult, except that a person under age 18 may carry such rifle unloaded in a suitable case or securely wrapped.
These provisions do not affect the validity of any ordinance enacted by any political subdivision which imposes greater restrictions or limitations in respect to the sale and purchase, use or possession of air rifles.
“Air rifle” is defined as “any air gun, air pistol, spring gun, spring pistol, B-B gun, or any implement that is not a firearm, which impels a pellet of any kind with a force that can reasonably be expected to cause bodily harm. The term does not include a paintball gun or paintball marker.”
1.18 Pa. Cons. Stat. Ann. § 6304(a)(2).
2.18 Pa. Cons. Stat. Ann. § 6304(a)(1).
3.18 Pa. Cons. Stat. Ann. § 6304(b)(1).
4.18 Pa. Cons. Stat. Ann. § 6304(e).
5.18 Pa. Cons. Stat. Ann. § 6304(g).
Sale and use of air rifles – 18 Pa. Cons. Stat. § 6304
§ 6304. Sale and use of air rifles.
(a) Sale or transfer of air rifles.–
(1) It shall be unlawful for any dealer to sell, lend,
rent, give, or otherwise transfer an air rifle to any person
under the age of 18 years, where the dealer knows, or has
reasonable cause to believe, the person to be under 18 years
of age, or where such dealer has failed to make reasonable
inquiry relative to the age of such person, and such person
is under 18 years of age.
(2) It shall be unlawful for any person to sell, give,
lend, or otherwise transfer any air rifle to any person under
18 years of age, except where the relationship of parent and
child, guardian and ward or adult instructor and pupil exists
between such person and the person under 18 years of age.
(b) Carrying or discharging air rifles.–
(1) It shall be unlawful for any person under 18 years
of age to carry any air rifle on the highways or public lands
unless accompanied by an adult, except that a person under 18
years of age may carry such rifle unloaded in a suitable case
or securely wrapped.
(2) It shall be unlawful for any person to discharge any
air rifle from or across any highway or public land or any
public place, except on a properly constructed target range.
(c) Exceptions.–
(1) Nothing in this section shall make it unlawful for
any person under 18 years of age to have in his possession
any air rifle, if it is:
(i) kept within his domicile;
(ii) used by the person under 18 years of age and he
is a duly enrolled member of any club, team or society
organized for educational purposes and maintaining as
part of its facilities or having written permission to
use an indoor or outdoor rifle range under the
supervision, guidance and instruction of a responsible
adult, and then only, if said air rifle is actually being
used in connection with the activities of said club, team
or society under the supervision of a responsible adult;
or
(iii) used in or on any private grounds or residence
under circumstances when such air rifle can be fired,
discharged or operated in such a manner as not to
endanger persons or property, and then only, if it is
used in such manner as to prevent the projectile from
traversing any grounds or space outside the limits of
such grounds or residence.
(2) Nothing in this section shall prohibit sales of air
rifles:
(i) By wholesale dealers or jobbers.
(ii) To be shipped out of this Commonwealth.
(iii) To be used at a target range operated in
accordance with paragraph (1) of this subsection or by
members of the armed services of the United States or
veterans’ organizations.
(d) Seizure.–Any law enforcement officer may seize, take,
remove or cause to be removed, at the expense of the owner, all
air rifles used or offered for sale in violation of this
section.
(e) No preemption.–The provisions of any ordinance enacted
by any political subdivision which impose greater restrictions
or limitations in respect to the sale and purchase, use or
possession of air rifles, than is imposed by this section, shall
not be invalidated or affected by this section.
(f) Grading.–Any dealer violating the provisions of
paragraph (a)(1) of this section shall be guilty of a
misdemeanor of the third degree. Any person violating any other
provision of this section shall be guilty of a summary offense.
(g) Definitions.–As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
“Air rifle.” Any air gun, air pistol, spring gun, spring
pistol, B-B gun, or any implement that is not a firearm, which
impels a pellet of any kind with a force that can reasonably be
expected to cause bodily harm. The term does not include a
paintball gun or paintball marker as defined in section 2707.2
(relating to paintball guns and paintball markers).
“Dealer.” Any person engaged in the business of selling at
retail or renting any air rifles.
(Dec. 22, 2005, P.L.449, No.85, eff. 60 days)
2005 Amendment. Act 85 amended subsec. (g).
Cross References. Section 6304 is referred to in section
6120 of this title.
Title 34, Sec. 2308 “Unlawful devices and methods”
Sec. 2308. Unlawful devices and methods.
(a) General rule. – Except as otherwise provided in this title, it is unlawful for any person to hunt or aid, abet, assist or conspire to hunt any game or wildlife through the use of:
(5) Any device operated by air, chemical or gas cylinder by which a projectile of any size or kind can be discharged or propelled.
Bensalem,
Chapter 160 PEACE AND GOOD ORDER – Bensalem, Pennsylvania – Code of Ordinances
Sec. 160-2. – Seizure of air guns; redemption.
Any gun which uses compressed air or gas or a spring as the propelling force for a projectile, when being used or carried in violation of any provision or section of this chapter, may be seized, confiscated and retained by any duly constituted police officer of the Township of Bensalem or the Commonwealth of Pennsylvania and, after being so seized, confiscated or retained, shall be held for a period of ten days. In the event that no cause is shown within said ten-day period why said gun should be returned, it shall thereupon be destroyed.
(Ord. No. 150, 6-28-72)
Sec. 160-3. – Violations and penalties.
Any person or persons violating any of the provisions of this chapter shall be guilty as provided in Title 18 of the Pennsylvania Consolidated Statutes Annotated, with penalties set forth in 18 Pa. C.S.A. §§ 1103 and 1104, or shall be guilty and punishable as set forth in 53 P.S. § 65749.
(Ord. No. 150, 6-28-72)
Philadelphia,
CHAPTER 10-800. SAFETY
——————————————————————————–
§10-810. Weapons and Dangerous Devices.
(1) Discharging Firearms.[158] No person shall fire or discharge recklessly and without reasonable cause any rifle, gun, pistol, or other firearm.
(2) Water Pistols, Electric Canes, and Miniature Cannon.[159]
(a) No one shall sell or offer for sale water pistols, electric canes, miniature cannon, or similar articles.[160]
(b) No one shall use water pistols, electric canes, miniature cannon or similar articles in any street or public place.
(3) Spring Guns, Air Guns and Bows and Arrows.[161]
(a) No person shall sell, offer for sale at retail, or use, or possess with intent to use, any air gun, spring gun, or any implement not a firearm which forcefully impels a pellet of any kind.
(b) No person shall sell, or offer for sale, at retail, any bow and arrow, to any person under the age of twenty-one (21) years unless the seller first obtains written evidence of parental consent to the proposed purchase by the minor.[162]
(4) Switchblade Knives.[163] No person shall sell, offer for sale or carry any knife with a blade which is released by a spring mechanism including knives known as “switchblades.”
(5) Incendiary Paper. No person shall manufacture, sell, offer for sale, carry or store any incendiary paper that has been chemically treated to vanish at the touch of a flame, including paper known as “flash paper.”[164]
(6) Penalties. Whoever violates any provision of this Section or Section 10-821 shall, in addition to other penalties provided, forfeit the weapon, contraband, or dangerous device giving rise to the violation of such section.[165]
(7) Confiscation. Police officers shall seize and deliver into departmental custody any air gun, air pistol, spring gun, switch blade knife, incendiary paper, contraband weapons, accessories and/or ammunition or other implement which shall be used, discharged, possessed, offered for sale or carried in violation of Section 10-810 or Section 10-821.[166]
Pittsburgh,
CHAPTER 607: FIREARMS, AMMUNITION AND OTHER WEAPONS Pittsburgh, Pennsylvania Code of Ordinances
§ 607.04 DISCHARGING TOY AIR GUN.
No person shall fire or discharge a toy air gun within the city, except under supervision at duly established target ranges and except where the firing or discharge and missile flight are confined entirely to the users own property or the premises of another with express consent.
(Ord. 30-1993, eff. 12-9-93)
§ 607.13 PENALTIES FOR DISCHARGING FIREARMS OR AIR GUNS.
Any person, upon a finding of guilty by a magistrate, of discharging a firearm or air gun anywhere within the city, other than provided for in § 607.02 hereof, shall be fined one thousand dollars ($1,000.00) and costs for each offense, and in default of payment thereof, may be imprisoned for not more than ninety (90) days. Each day of a continuing violation shall constitute a separate and distinct offense.
(Ord. 35-1982, eff. 9-1-82; Am. Ord. 30-1993, eff. 12-9-93)
—
PA Uniform Firearms Act regarding pellet or air guns.
(1) It shall be unlawful for any person under 18 years of age to carry any air rifle on the highways or public lands unless accompanied by an adult, except that a person under 18 years of age may carry such Rifle unloaded in a suitable case or securely wrapped.
(2) It shall be unlawful for any person to discharge any air rifle from or across any highway or public land or any public place, except on a properly constructed target range.
There are a couple of exceptions:
(1) Nothing in this section shall make it unlawful for any person under 18 years of age to have in his possession any air rifle, if it is:
(i) kept within his domicile;
(ii) used by the person under 18 years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult, and then only, if said air rifle is actually being used in connection with the activities of said club, team or society under the super vision of a responsible adult; or
(iii) used in or on any private grounds or residence under circumstances when such air rifle can be fired, discharged or operated in such a manner as not to endanger persons or property, and then only, if it is used in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence
The short version of what this is all saying is that you can only shoot it on your own property as long as the pellets don’t endanger anyone or go ‘off property’. You can also legally shoot it at a range. If you are under 18 you can only shoot it under adult supervision.
BOROUGH OF KENNETT SQUARE,
No Air-gun ordinances listed, refer to Penn. State Statutes
1.18 Pa. Cons. Stat. Ann. § 6304(a)(2).
2.18 Pa. Cons. Stat. Ann. § 6304(a)(1).
3.18 Pa. Cons. Stat. Ann. § 6304(b)(1).
4.18 Pa. Cons. Stat. Ann. § 6304(e).
5.18 Pa. Cons. Stat. Ann. § 6304(g).
WILKES-BARRE,
No Air-gun ordinances listed, refer to Penn. State Statutes
1.18 Pa. Cons. Stat. Ann. § 6304(a)(2).
2.18 Pa. Cons. Stat. Ann. § 6304(a)(1).
3.18 Pa. Cons. Stat. Ann. § 6304(b)(1).
4.18 Pa. Cons. Stat. Ann. § 6304(e).
5.18 Pa. Cons. Stat. Ann. § 6304(g).
Rhode Island-
Rhode Island State Air-Gun Laws:
Rhode Island defines all non-powder guns as firearms, ensuring that felons and other persons prohibited from possessing firearms are similarly barred from possessing dangerous non-powder guns.
Rhode Island considers by State Law, all Non-powder guns as “Firearms” as defined under State Statutes. 1.R.I. Gen. Laws § 11-47-2(3). Several of the provisions under the state’s weapons code do not apply to non-powder guns, including R.I. Gen. Laws §§ 11-47-5.1 (larceny of a firearm), 11-47-30 (sales/transfers of firearms to minors), 11-47-31 (sales/transfers of ammunition to minors), 11-47-35.2 (sales of rifles and shotguns) and 11-47-40 (keeping a register of sales of firearms and displaying concealable firearms for sale).
TITLE 11
Criminal Offenses
CHAPTER 11-47
Weapons
SECTION 11-47-2
§ 11-47-2 Definitions. – When used in this chapter, the following words and phrases are construed as follows:
(3) “Firearm” includes any machine gun, pistol, rifle, air rifle, air pistol, “blank gun,” “BB gun,” or other instrument from which steel or metal projectiles are propelled, or which may readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except instruments propelling projectiles which are designed or normally used for a primary purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the provisions of this section.
§ 11-47-5.1 Larceny of a firearm. – (a) Every person who shall steal any firearm shall be deemed guilty of larceny. “Firearm”, as utilized in this section only, shall not apply to an air rifle, air pistol, “blank gun,” or “BB gun.” Every person violating the provisions of this section shall be sentenced, upon conviction, to not less than one year nor more than ten (10) years.
(b) No person shall steal any firearm as defined in this section and then sell, lend, or transfer the firearm or firearms. Any person convicted of violating the provisions of this subsection shall be punished by imprisonment for not less than ten (10) years nor more than twenty (20) years, and the sentence shall be consecutive to any other sentence he or she may receive or is serving.
History of Section.
(P.L. 1975, ch. 278, § 2; P.L. 1990, ch. 278, § 1; P.L. 2000, ch. 158, § 1; P.L. 2000, ch. 285, § 1.)
TITLE 11
Criminal Offenses
CHAPTER 11-47
Weapons
SECTION 11-47-10
§ 11-47-10 License or permit not required to carry to target range. – No license or permit shall be required for the purpose of carrying or transporting any pistol or revolver from one’s home or place of business to a bona fide target practice range, nor from a bona fide target practice range to one’s home or place of business, to engage in any shoot meet, or practice, provided that the pistol or revolver is broken down, unloaded and carried as openly as circumstances will permit, or provided that the pistols or revolvers are unloaded and secured in a separate container suitable for the purpose.
History of Section.
(G.L. 1938, ch. 404, § 5(a); P.L. 1954, ch. 3322, § 1; G.L. 1956, § 11-47-7; G.L. 1956, § 11-47-10; P.L. 1959, ch. 75, § 1; P.L. 1975, ch. 278, § 1.)
TITLE 11
Criminal Offenses
CHAPTER 11-47
Weapons
SECTION 11-47-26
§ 11-47-26 Penalties for violations. – Unless otherwise specified, any violation of any provision of this chapter shall be punished by a fine of not more than one thousand dollars ($1,000), or imprisonment for not more than five (5) years, or both; provided, that a violation of any of the provisions of §§ 11-47-1 – 11-47-34 with relation to air rifle, air pistol, “blank gun,” “BB gun,” or other instrument other than a machine gun, shotgun, rifle, or pistol, from which steel or other metal projectiles are propelled, shall for the first offense be punished by a fine of not more than fifty dollars ($50.00) and for the second or any subsequent offense by a fine of not more than one hundred dollars ($100), or by imprisonment for not more than thirty (30) days, or both; and provided, further, that the provisions of chapter 1 of title 14 shall apply in the case of any person under the age of eighteen (18) years.
History of Section.
(P.L. 1927, ch. 1052, § 14; P.L. 1929, ch. 1421, § 3; G.L. 1938, ch. 404, § 14; G.L. 1938, ch. 405, § 3; P.L. 1950, ch. 2452, § 3; G.L. 1956, §§ 11-47-20, 11-47-31; G.L. 1956, § 11-47-26; P.L. 1959, ch. 75, § 1.)
TITLE 11
Criminal Offenses
CHAPTER 11-47
Weapons
SECTION 11-47-30
§ 11-47-30 Sale, transfer or delivery of firearms to minors. – (a) It shall be unlawful within this state for any person to sell, transfer, give, convey, or cause to be sold, transferred, given or conveyed any firearm to any person under eighteen (18) years of age, when the person knows or has reason to know that the recipient is under eighteen (18) years of age, except for the limited purposes set forth in §§ 11-47-33 and 11-47-34 and with the prior approval or consent of the parent or legal guardian of the minor.
(b) Every person violating this section shall be punished, upon conviction, by imprisonment for not less than ten (10) years and not more than twenty (20) years. The prohibitions of this section shall not apply to any federally and state licensed retail dealer who makes reasonable efforts to verify a purchaser’s age and shall not apply to the sale of an air rifle, air pistol, “blank gun” or “BB gun.”
History of Section.
(G.L. 1938, ch. 404, § 21; P.L. 1950, ch. 2452, § 4; G.L. 1956, § 11-47-24; G.L. 1956, § 11-47-30; P.L. 1959, ch. 75, § 1; P.L. 1975, ch. 278, § 1; P.L. 1999, ch. 389, § 1; P.L. 2000, ch. 158, § 1; P.L. 2000, ch. 285, § 1.)
TITLE 11
Criminal Offenses
CHAPTER 11-47
Weapons
SECTION 11-47-31
§ 11-47-31 Sale, transfer or delivery of ammunition to minors. – (a) It shall be unlawful within this state for any person to sell, transfer, give, convey, or cause to be sold, transferred, given or conveyed any ammunition, including any priming charge of powder, propelling charge of powder, or any form of missile or projectile to be ejected from a firearm to any person under eighteen (18) years of age when the person knows or has reason to know that the recipient is under eighteen (18) years of age, except for the limited purposes set forth in §§ 11-47-33 and 11-47-34 and with the prior approval or consent of the parent or legal guardian of the minor.
(b) Every person violating this section shall be punished, upon conviction, by imprisonment for a term not to exceed ten (10) years. The prohibitions of this section shall not apply to any federally and state licensed retail dealer who makes reasonable efforts to verify a purchaser’s age and shall not apply to the sale of ammunition for an air rifle, air pistol, “blank gun” or “BB gun.”
History of Section.
(G.L. 1938, ch. 404, § 22; P.L. 1950, ch. 2452, § 4; G.L. 1956, § 11-47-25; G.L. 1956, § 11-47-31; P.L. 1959, ch. 75, § 1; P.L. 1975, ch. 278, § 1; P.L. 1999, ch. 389, § 1; P.L. 2000, ch. 158, § 1; P.L. 2000, ch. 285, § 1.)
TITLE 11
Criminal Offenses
CHAPTER 11-47
Weapons
SECTION 11-47-33
§ 11-47-33 Possession of firearms by minors. – (a) It shall be unlawful within this state for any person under eighteen (18) years of age to possess and use any firearm unless he or she shall hold a permit as provided in § 11-47-34, and unless the person is in the presence of a parent or guardian or supervising adult at any regular and recognized camp or rifle range approved by the Rhode Island state police or by the chief of police of the city or town in which the camp or rifle range is located; provided, that this provision shall not apply to minors engaged in lawful hunting activity under the supervision of a parent or guardian or qualified adult, minors participating in Reserve Officer Training Corps programs, ceremonial parade activities, competitive and target shooting, participants in state militia activities and minors participating in a basic firearms education program; provided, further, that a person under eighteen (18) years of age may carry a firearm, unloaded, in a suitable case to and from his or her home and the camp or range and from the camp or range to other camp or range when accompanied by a parent, guardian or supervising adult.
(b) For purposes of this section only, “qualified adult” means any person twenty-one (21) years of age or older and permitted by law to possess and use the firearm.
History of Section.
(G.L. 1938, ch. 404, § 24; P.L. 1950, ch. 2452, § 4; G.L. 1956, § 11-47-27; G.L. 1956, § 11-47-33; P.L. 1959, ch. 75, § 1; P.L. 1999, ch. 374, § 1.)
TITLE 11
Criminal Offenses
CHAPTER 11-47
Weapons
SECTION 11-47-40
§ 11-47-40 Register of sales of firearms – Display of firearms. – (a) Every person, firm, or corporation selling a pistol, revolver, or other firearm whether the seller is a retail dealer, pawnbroker, or otherwise shall keep a register in which shall be entered at the time of sale the date of sale, name, age, and residence of every purchaser of the a pistol, revolver, or other firearm, together with the caliber, make, model, manufacturer’s number, or other mark of identification on the pistol, revolver, or other firearm. Every person, firm, or corporation who shall fail to keep a register and to enter the acts required by this section shall, upon conviction, be punished as provided in this chapter. The register shall be open at all reasonable hours for the mandatory monthly inspection of licensed firearm dealers to be conducted by state and/or local police officials.
(b) This section shall not apply to wholesale dealers’ bona fide sales at wholesale to duly licensed retail dealers. It shall be unlawful for any person, firm, or corporation dealing in firearms to display any pistol, revolver, or imitation, or any firearm of a size which may be concealed upon the person, or placard advertising the sale of one, in any part of the premises of the person, firm, or corporation where it can be readily seen from the outside. “Firearm” as utilized in this section only does not apply to an air rifle, air pistol, “blank gun,” or “BB gun.”
History of Section.
(P.L. 1929, ch. 1421, § 2; G.L. 1938, ch. 405, § 2; G.L. 1956, § 11-47-30; G.L. 1956, § 11-47-40; P.L. 1959, ch. 75, § 1; P.L. 1975, ch. 278, § 1.)
TITLE 11
Criminal Offenses
CHAPTER 11-47
Weapons
SECTION 11-47-46
§ 11-47-46 Sections 11-47-42 – 11-47-45 inapplicable to firearms. – The provisions of §§ 11-47-42 – 11-47-45 shall not be construed to relate to the possession and carrying of air guns, pistols or firearms of any description.
History of Section.
(P.L. 1927, ch. 1052, § 18; G.L. 1938, ch. 404, § 18; G.L. 1956, § 11-47-36; G.L. 1956, § 11-47-46; P.L. 1959, ch. 75, § 1.)
TITLE 11
Criminal Offenses
CHAPTER 11-47
Weapons
SECTION 11-47-47
§ 11-47-47 Display of weapons. – No person, firm, or corporation shall display in a place of business by means of a window display any pistol, revolver, or other firearm, as defined in § 11-47-2, or any dagger, dirk, bowie knife, stiletto, metal knuckles, or blackjack; provided, that dealers in sporting goods may include in a window display pistols or revolvers upon a permit issued by the chief of police or town sergeant of any city or town. Any person, firm, or corporation violating the provisions of this section shall be punished by a fine not exceeding twenty-five dollars ($25.00) for the first offense and one hundred dollars ($100) for every subsequent offense.
History of Section.
(P.L. 1929, ch. 1380, §§ 1, 2; G.L. 1938, ch. 607, §§ 11, 12; G.L. 1956, § 11-47-37; G.L. 1956, § 11-47-47; P.L. 1959, ch. 75, § 1; P.L. 1975, ch. 278, § 1.)
TITLE 11
Criminal Offenses
CHAPTER 11-47
Weapons
SECTION 11-47-49
§ 11-47-49 Firing across highways prohibited. – Every person who shall discharge any firearm or other contrivance arranged to discharge shot, bullets, arrows, darts, or other missiles in or across any public road, street, square, or lane shall, upon conviction, be guilty of a misdemeanor and shall be subject to a fine not exceeding five hundred dollars ($500), or one year in prison, or both.
History of Section.
(G.L. 1896, ch. 110, § 1; G.L. 1909, ch. 134, § 1; G.L. 1923, ch. 177, § 1; G.L. 1938, ch. 406, § 1; G.L. 1956, § 11-47-39; G.L. 1956, § 11-47-49; P.L. 1959, ch. 75, § 1; P.L. 1975, ch. 278, § 1.)
TITLE 11
Criminal Offenses
CHAPTER 11-47
Weapons
SECTION 11-47-50
§ 11-47-50 Firing without landowner’s permission – Firing in compact area. – (a) Every person, not being at the time under military duty, who shall discharge any firearm, “BB gun”, or other contrivance arranged to discharge shot, bullets, arrows, darts, or other missiles within the compact part of any city or town, or who shall discharge a firearm or other contrivance elsewhere, except upon land owned or occupied by him or her or by permission of the owner or occupant of the land on or into which he or she may shoot, shall be guilty of a misdemeanor, and shall be subject to a fine not exceeding five hundred dollars ($500), or one year in prison, or both; provided, that any city or town may by ordinance permit the discharge on non-posted land.
(b) The provisions of this section shall not apply to the owner of land who uses, or who gives permission to another to use without charge, a recurve, compound or longbow, provided that they are not used within two hundred fifty feet (250′) of a dwelling house.
History of Section.
(G.L. 1896, ch. 110, § 3; G.L. 1909, ch. 134, § 3; G.L. 1923, ch. 177, § 3; G.L. 1938, ch. 406, § 3; P.L. 1954, ch. 3280, § 1; G.L. 1956, § 11-47-40; G.L. 1956, § 11-47-50; P.L. 1959, ch. 75, § 1; P.L. 1975, ch. 278, § 1; P.L. 1991, ch. 333, § 1.)
TITLE 11
Criminal Offenses
CHAPTER 11-47
Weapons
SECTION 11-47-60
§ 11-47-60 Possession of firearms on school grounds. – (a) No person shall have in his or her possession any firearm or other weapons on school grounds.
(2) For the purposes of this section, “school grounds” means the property of a public or private elementary or secondary school or in those portions of any building, stadium, or other structure on school grounds which were, at the time of the violation, being used for an activity sponsored by or through a school in this state or while riding school provided transportation.
(3) Every person violating the provisions of this section shall, upon conviction, be sentenced to imprisonment for not less than one year nor more than five (5) years, or shall be fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000).
(4) Any juvenile adjudicated delinquent pursuant to this statute shall, in addition to whatever other penalties are imposed by the family court, lose his or her license to operate a motor vehicle for up to six (6) months. If the juvenile has not yet obtained the necessary age to obtain a license, the court may impose as part of its sentence a delay in his or her right to obtain the license when eligible to do so, for a period of up to six (6) months.
(b) The provisions of this section shall not apply to any person who shall be exempt pursuant to the provisions of §§ 11-47-9, 11-47-11, and 11-47-18 or to the following activities when the activities are officially recognized and sanctioned by the educational institution:
(1) Firearm instruction and/or safety courses;
(2) Government-sponsored military-related programs such as ROTC;
(3) Interscholastic shooting and/or marksmanship events;
(4) Military history and firearms collection courses and/or programs; and
(5) The use of blank guns in theatrical and/or athletic events.
(c) The provisions of this section shall not apply to colleges, universities, or junior colleges.
History of Section.
(P.L. 1990, ch. 209, § 1; P.L. 1990, ch. 258, § 1; P.L. 1995, ch. 67, § 1.)
BRISTOL,
ARTICLE I. IN GENERAL Bristol, Rhode Island Code of Ordinances.
Sec. 18-7. Prohibited acts constituting violations.
It shall be unlawful for any person in a public park or recreation area to:
(13)
Bring into or have in his possession in any park or recreation area:
c.
Any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow or other weapon in which the propelling force is gunpowder, a spring or air.
BURRILLVILLE,
Refer to R.I. State Law Statues (top of this section), no local Air-gun ordinances listed.
CENTRAL FALLS,
ARTICLE IV. OFFENSES INVOLVING PUBLIC SAFETY Central Falls, Rhode Island Code of Ordinances
Sec. 26-151. Discharging weapons.
No person shall fire or discharge any type of gun or contrivance arranged to discharge or throw shot, shell, bullets, arrows, darts, pellets, stones, BB shot, paintball gun or other missiles or projectiles within the limits of the city at any time for any reason whatsoever, without first having obtained special permission or a license from the city council therefor.
(Code 1973, § 18-23; Code 1994, § 26-7; Ord. of 6-1-2005(1))
Sec. 26-152. Hunting.
It shall be unlawful for any person to hunt, pursue, take or kill any wild bird or animal in the city with rifles, firearms of any description, bow and arrow, or any other weapon, including air rifles or air pellet guns.
(Code 1973, § 18-12; Code 1994, § 26-9)
CRANSTON,
Chapter 9.16 WEAPONS Cranston, Rhode Island Code of Ordinances
9.16.010 Firearms—Discharge of rifle, pistol or air gun prohibited—Exception.
No person, except police officers in line of duty and military officers in line of duty, shall discharge any rifle, pistol or air gun loaded with ball, bullets or slug within the borders of the city.
(Prior code § 18-3)
CUMBERLAND,
Chapter 26 OFFENSES Cumberland, Rhode Island Code of Ordinances
Sec. 26-2. Hunting wild birds or animals or discharging weapons
(4)
It shall be unlawful for any person while hunting or pursuing wild birds or wild animals in the town to use an air rifle (BB gun), air pellet gun, bow and arrow or rifle.
EXETER,
Refer to R.I. State Law Statues (top of this section), no local Air-gun ordinances listed.
HOPKINTON,
Refer to R.I. State Law Statues (top of this section), no local Air-gun ordinances listed.
JAMESTOWN,
Refer to R.I. State Law Statues (top of this section), no local Air-gun ordinances listed.
NARRAGANSETT,
Refer to R.I. State Law Statues (top of this section), no local Air-gun ordinances listed.
NEWPORT,
Chapter 9.16. WEAPONS Newport, Rhode Island Code of Ordinances
9.16.010. Air guns prohibited—Exceptions.
No person shall use, sell, offer to sell or have in his or her possession an air rifle or air pistol or any similar instrument in which the propelling force is a spring or air, except that such devices used in connection with an amusement licensed by council or at pistol ranges duly authorized by law shall not be considered a violation of this section.
(Prior code § 696.01)
9.16.020. Discharge of air or spring guns.
Subject to the qualification made in Section 9.16.010, no person shall fire or discharge within the city any air gun, spring gun or other device which is calculated or intended to propel or project a bullet, pellet or similar projectile.
(Prior code § 696.02)
NORTH KINGSTOWN,
Refer to R.I. State Law Statues (top of this section), no local Air-gun ordinances listed.
PROVIDENCE,
Refer to R.I. State Law Statues (top of this section), no local Air-gun ordinances listed.
SCITUATE,
Refer to R.I. State Law Statues (top of this section), no local Air-gun ordinances listed.
SOUTH KINGSTOWN,
ARTICLE I. IN GENERAL – South Kingstown, Rhode Island – Code of Ordinances
Sec. 12.1-7. – Prohibited acts constituting violations.
It shall be unlawful for any person in a public park or recreation area to:
(5)
Bring into or have in his/her possession in any park or recreation area:
b.
Any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow or other weapon in which the propelling force is gunpowder, a spring, or air.
TIVERTON,
Refer to R.I. State Law Statues (top of this section), no local Air-gun ordinances listed.
WARREN,
ARTICLE I. IN GENERAL Warren, Rhode Island Code of Ordinances
Sec. 13-2. Firearms
(a)
Discharging restricted. Every person who shall discharge any firearms within fifty (50) yards of any dwelling or within one hundred fifty (150) feet of any road or highway shall be fined in accordance with section 1-8
(b)
Target practice. At the request of any resident of the town, the town council when requested to do so, may in its discretion and with the permission of the owner or occupant of suitable land, designate a place where target practice with firearms may be carried on under such circumstances or conditions, regulations and restrictions as it shall impose and whenever the town council shall subsequently determine that the circumstances or conditions have altered to such an extent that the continuation of such target practice in such location is unsafe or likely to be so or that rules or regulations imposed by it have been violated or are likely to be violated or that the safety of the public is likely to be endangered, it may revoke the permission previously granted and forbid and abate such target practice, and any person engaging in target practice with any rifle, shotgun, pistol or air gun discharging balls, bullets or slugs without first obtaining permission from the town council to do so under circumstances, conditions, rules or regulations imposed by it, or so engaging after the town council shall have revoked permission to do so, shall be fined in accordance with section 1-8
(c)
Discharge on Sunday. No person not being at the time under military duty, shall discharge any rifle, gun, musket, blunderbuss, fowling-piece, pistol, air gun, spring gun or other small arms or any contrivance arranged to discharge shot, bullets, arrows, darts or other missiles on Sunday anywhere within the town, except as follows:
(1)
Such discharge is made on non-posted land.
(2)
Such discharge is made on land owned or occupied by the person making the discharge or the person making the discharge is in possession of the written permission of the owner of the land on which such discharge is made.
Nothing contained herein shall be construed to prohibit trap shooting or skeet shooting conducted with the permission of and under conditions set forth by the town council.
(Code 1967, §§ 23-4—23-6)
State law reference— Authority of council to regulate firearms, G.L. 1956, § 45-6-1.
WARWICK,
Refer to R.I. State Law Statues (top of this section), no local Air-gun ordinances listed.
WEST WARWICK,
ARTICLE I. IN GENERAL – West Warwick, Rhode Island – Code of Ordinances
Sec. 12-9. – Discharging firearms.
It shall be unlawful to discharge any firearm, BB gun or other contrivance arranged to discharge shot, bullets, arrows, darts or other missiles excepting in a regularly established shooting range; provided that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty; nor to any citizen from discharging a firearm when lawfully defending person or property. Any person violating this section shall be fined not exceeding $100.00 or imprisoned not exceeding 30 days.
(Res. of 2-4-80)
South Carolina-
South Carolina prohibits any person from possessing an air gun at any park or facility under the jurisdiction of the South Carolina Department of Parks, Recreation and Tourism. Persons using areas specifically designated by the Department for the use of air guns, and concealable weapons permit holders, are exempt from the prohibition.
South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
ABBEVILLE,
ARTICLE VI. WEAPONS – Abbeville, South Carolina – Code of Ordinances
Sec. 12-123. – Discharge of firearms or air rifles.
No person shall fire or discharge pistols, guns, rifles or other firearms, including air rifles, within the city.
(Code 1979, § 9-4-5)
AIKEN,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns. State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
County of
AIKEN,
ARTICLE I. IN GENERAL Aiken County, South Carolina Code of Ordinances
(a)
The county administrator shall develop a rental agreement for the rental of county parks and facilities. Costs and deposit amounts for use of county parks and facilities shall be established by ordinance.
(b)
The following rules and regulations shall apply to all county parks and facilities:
(3)
Firearms, air guns, explosives and unauthorized fireworks will not be allowed in the park
ANDERSON,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns. State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
BEAUFORT,
CHAPTER 1. GENERAL PROVISIONS – Beaufort, South Carolina – Code of Ordinances
Sec. 9-1010. – Discharging firearms prohibited; exceptions.
(a)
It shall be unlawful to discharge any firearm or air gun or spring-loaded gun or device firing a projectile or rocket in the city.
(b)
This section shall not apply to the following:
(1)
Any officer of the law from discharging a firearm in the performance of his duty, nor shall it be construed to prohibit any citizen from discharging a firearm lawfully defending his person when in fear of life, or when in fear of having serious bodily harm inflicted upon him, or when lawfully defending the life of another.
(2)
Commercial indoor target ranges which possess a city business license.
(3)
The use of blank ammunition at athletic events, military funerals and other functions at which the use of blank ammunition is appropriate.
(4)
Low-density developmental properties that have an approved development agreement with the City of Beaufort to allow hunting on those properties, and where hunting is specifically referenced as being permitted within the development agreement.
(5)
Any land zoned “TR, Transitional Residential District” as shown on the “Official Zoning Map, City of Beaufort” shall permit the discharging of firearms for hunting purposes only.
(6)
A landowner discharging a firearm on the landowner’s property to protect the landowner’s family, employees, the general public, or the landowner’s property from animals that the landowner reasonably believes pose a direct threat or danger to the landowner’s property, people on the landowner’s property, or the general public. For purposes of this item, the landowner’s property must be a parcel of land comprised of at least twenty-five (25) contiguous acres.
(1962 Code, § 24-32; Ord. No. O-17-86, 12-9-86; Ord. No. O-17-97, 4-22-97; Ord. No. O-23-01, 8-28-01; Ord. No. O-27-08, 9-9-08)
BELTON,
ARTICLE I. IN GENERAL Belton, South Carolina Code of Ordinances
Sec. 34-16. Discharging dangerous devices.
(a)
It shall be unlawful for any person to point or discharge or cause to be discharged at any person any loaded or unloaded firearm of any kind.
(b)
It shall be unlawful within the corporate limits for any person to fire or discharge any air gun, pellet gun, sling shot, or mechanical air or gas operated device which throws or projects a bullet, a pellet, BB shots or any form of projectile, which may be used to ham any person or property.
(c)
Nothing contained herein, however, shall be construed to abridge the right of self-defense, to apply to theatricals or the like performances or to peace officers in the discharge of their duties.
(Ord. No. 498, § I, 1-5-2010)
Editor’s note—
Ord. No. 498, § I, adopted Jan. 5, 2010, did not specifically amend the Code. Hence, inclusion as § 34-16 was at the discretion of the editor.
County of
BERKELEY,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns. State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
BLUFFTON,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns. State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
BRIARCLIFFE ACRES,
ARTICLE III. WEAPONS – Briarcliffe Acres, South Carolina – Code of Ordinances
Sec. 16-57. – Discharge of weapons prohibited.
The discharge, or cause to be discharged, by any person of any firearm of any kind or nature, air rifle, pellet gun, sling shot, or any similar device, within the corporate limits of the town is hereby prohibited and is declared to be unlawful.
(Ord. No. 81-7, 10-12-1981)
ARTICLE II. BEACHES – Briarcliffe Acres, South Carolina – Code of Ordinances
Sec. 16-31. – Discharge of weapons on beach.
The discharge, or cause to be discharged, by any person of any firearm of any kind or nature, air rifle, pellet gun, sling shot or any similar device on the beach or its access is prohibited.
(Ord. No. 92-02, 6-15-1992)
CAYCE,
ARTICLE V. OFFENSES AGAINST PUBLIC SAFETY Cayce, South Carolina Code of Ordinances
Sec. 28-114. Discharging firearms.
(a)
It shall be unlawful for any person to discharge, fire or explode any handgun, rifle, shotgun or any other form of firearms, or a BB or pellet gun, in the corporate limits of the city; provided, however, that this section shall not be construed to regulate the protection of oneself from immediate dangers to life and limb.
CHARLESTON,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns. State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
County of
CHARLESTON,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns. State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
CHERAW,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns. State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
CHESNEE,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns. State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
CHESTER,
ARTICLE I. IN GENERAL – Chester, South Carolina – Code of Ordinances
Sec. 38-11. – Discharge of weapons.
(a)
It shall be unlawful for any person without a permit to fire or discharge within the City any firearm, weapon, air rifle, pellet gun, target gun, slingshot, crossbow, or bow and arrow.
(b)
Discharge of weapons is lawful as an act of self-defense or defense of others, or at a shooting or archery range that has a valid business license.
(c)
No permit is required for ownership or use of a weapon for which a state permit is not required, including but not limited to air rifles, pellet guns, target guns, slingshots, crossbows, and bows and arrows.
(Code 1995, § 9-312)
CLEMSON,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns. State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
County of
COLLETON,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns. State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
COLUMBIA,
ARTICLE IV. OFFENSES AGAINST THE PUBLIC PEACE AND ORDER – Columbia, South Carolina – Code of Ordinances
Sec. 14-101. – Discharging firearms, weapons or explosives.
(a)
It shall be unlawful for any person to fire or discharge within the corporate limits of the city any gun, pistol, rifle, firearm, weapon, small arms, air rifle, BB rifle, air pistol, pellet gun, target gun, signal gun, slingshot, bow and arrow, crossbow, rocket or explosive, or any fireworks not authorized by the fire prevention code.
(b)
Authority of police to seize devices. Any police officer is hereby authorized and empowered to abate such nuisance whenever any bow and arrows, slingshot or other device for throwing missiles is found in the possession of and being used by a minor or other irresponsible person, by seizing and destroying the device; provided that such seizure shall not prevent the imposition of penalties for violation of this section.
(Code 1979, § 2-2043; Ord. No. 99-093, 10-27-99)
CONWAY,
ARTICLE A General Provisions Conway, South Carolina Code of Ordinances
Sec. 9-1-2 Discharge of firearms; air rifles; explosives.
(a)
It shall be unlawful for any person to discharge any gun, pistol, other firearm, explosive or any other device within the city except in case of urgent necessity.
(b)
It shall be unlawful for any person to discharge any firearm, air rifle, BB gun, dart gun, or like devices calculated to disturb or endanger anyone. This section shall not be construed to prohibit firing of firearms in a licensed, established firing range. Special dispensation may be granted when determined viable and safe by the city administrator. Such a determination will only be made following the completion of a physical on-site inspection by the city administrator.
(c)
Nothing contained in this section shall be construed to in any way repeal, modify, or otherwise alter any other provision of this code concerning the discharge of firearms of any kind or the setting off of explosives of any kind within the city.
(Code 1978, Secs. 9-1003, 9-1005, as amended by Ord. of 3/25/85; Ord. No. 88-08-22(E), 8/22/88; Ord. No. 99-07-12(L), 7/12/99; Ord. No. 2006-01-09(C), 1/23/06; Ord. No. 2009-05-11(A), 5/11/09)
Editor’s note—
Provisions regarding hunting within Conway city limits can be found in § 5.1.15 of the Conway Unified Development Ordinance, adopted December, 2011.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
Amendment Note: The second sentence was added to subsection (b) by the Ord. of 3/25/85. Ord. No. 88-08-22(E) rewrote the above section in its entirety.
County of
DARLINGTON,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
County of
DORCHESTER,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
County of
EDGEFIELD,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
EDISTO BEACH,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
FLORENCE,
ARTICLE I. IN GENERAL – Florence, South Carolina – Code of Ordinances
Sec. 14-19. – Weapons—Discharge.
It shall be unlawful for any person to use, shoot or discharge any gun, pistol, rifle or other firearm or any slingshot, bow and arrow, air gun or any device for throwing missiles.
(Code 1973, § 18-32)
State law reference— Discharging weapons at or into dwellings, S.C. Code 1976, § 16-23-440.
County of
FLORENCE,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
FOREST ACRES,
ARTICLE I. IN GENERAL – Forest Acres, South Carolina – Code of Ordinances
Sec. 10-9. – Carrying of deadly weapons.
Any person carrying a dagger or similar weapon, switchblade knife, machete, billy club, blackjack, metal knuckles, razor or other instrument with an exposed or retractable blade greater than two (2) inches, pistol or other hand gun, pellet gun, sawed-off rifle or shotgun or other deadly weapon which may be used for the infliction of personal injury, on or about his/her person shall be guilty of a misdemeanor and upon conviction thereof shall forfeit such weapon to the city and be fined in the sum of not more than five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days, or both. Nothing herein contained shall be construed to apply to persons carrying weapons upon their own premises, carrying a weapon with a valid permit, carrying a weapon for duly licensed hunting purposes, or peace officers in the actual discharge of their duties.
(Ord. No. 77-19, § 1, 6-14-77; Ord. No. 93-354, § 1, 8-10-93; Ord. No. 93-364, § 1, 10-19-93; Ord. No. 2003-644, § 1, 9-9-03)
Editor’s note—
Ord. No. 77-19, § 1, adopted June 14, 1977, did not specifically amend this Code; hence its inclusion as § 10-9 was at the editor’s discretion.
FORT MILL,
ARTICLE II. OFFENSES AGAINST THE PEACE – Fort Mill, South Carolina – Code of Ordinances
Sec. 24-31. – Firearms, air rifles, toy guns, balls and dangerous sports.
The discharging of firearms within the town, the discharging or shooting of air rifles and toy guns, the throwing of balls or engaging in any like dangerous sport on any of the streets or public squares is prohibited.
(Code 1984, § 9-2-6
FOUNTAIN INN,
ARTICLE III. OFFENSES AGAINST PUBLIC SAFETY Fountain Inn, South Carolina Code of Ordinances
Sec. 14-59. Bows and arrows, air guns, slingshots and other devices for throwing missiles.
It shall be unlawful for any person to discharge air guns, air rifles, or pellet guns or to shoot bows and arrows or slingshots or any other device for throwing missiles in, across or near any of the streets, alleys or sidewalks of the city or the land of any other person. Police officers shall, whenever any air guns, air rifles, or pellet guns, bows and arrows, slingshots or other devices for throwing missiles are found in the possession and use of any minor or other irresponsible person, seize and destroy such devices, and such seizure shall not prevent the imposing of a fine or imprisonment.
(Code 1971, § 15-39; Ord. No. 2012-001, § 1, 6-14-12)
Editor’s note—
Ord. No. 2012-001, § 1, adopted June 14, 2012, retitled § 14-58 from “Discharge of dangerous devices” to “Bows and arrows, air-guns, slingshots and other devices for throwing missiles.”
GAFFNEY,
Chapter 16 MISCELLANEOUS OFFENSES AND PROVISIONS Gaffney, South Carolina Code of Ordinances
Sec. 16-4. Same—Shooting of air guns and slingshots prohibited in certain places.
It shall be unlawful for any person to fire or shoot any air gun, air pistol or other like gun or pistol by any other name whatsoever called, or to shoot or use any slingshot or any other weapon of like kind in the city.
(Code 1964, § 14-33; Code 1980, § 12-8)
ARTICLE I. IN GENERAL Gaffney, South Carolina Code of Ordinances
Sec. 8-13. Prohibited conduct; responsibility for damage.
Conduct in city cemeteries shall be as follows:
d.
Handle or discharge any firearm, firecracker, air gun, slingshot or other explosive, noisy or destructive article, instrument or substance;
GEORGETOWN,
ARTICLE XI. WEAPONS – Georgetown, South Carolina – Code of Ordinances
Sec. 16-218. – Discharge of guns, pistols, etc.
It shall be unlawful for any person to fire or discharge within the corporate limits of the city any gun, pistol, rifle, small arms, air gun, air pistol, pellet gun, target gun, signal gun, slingshot, bow and arrow, cross bow, rocket, explosive and any fireworks unless authorized in writing by the chief of police or other appropriate official as prescribed by section 7-7 of this Code.
(Code 1964, § 18-44; Ord. of 6-18-87)
County of
GEORGETOWN,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
GREENVILLE,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
GREENWOOD,
Sec. 28-248. – Discharging guns, pistols, and other firearms.
(a)
It shall be unlawful for any person, except for the express purpose of destructive squirrel abatement, to fire or discharge within the corporate city limits any gun, pistol, rifle, firearm, weapon, small arms, air rifle, BB rifle, air pistol, pellet gun, target gun, signal gun, slingshot, bow and arrow, crossbow, rocket, explosive and any fireworks not authorized by the provisions of chapter 20, Fire Prevention and Protection.
(b)
It shall be unlawful for any person to shoot squirrels inside the city limits without a valid destructive squirrel abatement permit to discharge firearm in his immediate possession. A destructive squirrel abatement permit to discharge a firearm may be issued by the city manager or his designee to city residents having nuisance squirrels. As a prerequisite of the issuance of the permit, the applicant must certify that he will abide by all policies, conditions, and restrictions as stated on the destructive squirrel abatement permit to discharge a firearm. The destructive squirrel abatement permit to discharge a firearm listed as exhibit A in the ordinance from which this section is derived is on file in the municipal clerk’s office and is made part of this section.
(c)
Notwithstanding the language contained in subsections (a) and (b) of this section, it shall be lawful to operate an air powered paintball gun for recreational purposes only, in a properly licensed and zoned area of the city, where all reasonable precautions have been taken to ensure the safety of participants and others.
(d)
The city judge, during his consideration of a case prosecuted under this section, shall consider whether the circumstances of the case justify the forfeiture of the weapon and, upon such finding, the court shall order the weapon forfeited to the police chief, who shall dispose of the weapon as provided in S.C. Code 1976, § 16-23-50, as amended.
(Code 1983, § 18-159; Ord. No. 95-020, 10-16-1995; Ord. No. 97-022, 12-15-1997; Ord. No. 99-026, 10-4-1999)
County of
GREENWOOD,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
GREENVILLE,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
GREENWOOD,
ARTICLE VII. WEAPONS – Greenwood, South Carolina – Code of Ordinances
Sec. 28-248. – Discharging guns, pistols, and other firearms.
(a)
It shall be unlawful for any person, except for the express purpose of destructive squirrel abatement, to fire or discharge within the corporate city limits any gun, pistol, rifle, firearm, weapon, small arms, air rifle, BB rifle, air pistol, pellet gun, target gun, signal gun, slingshot, bow and arrow, crossbow, rocket, explosive and any fireworks not authorized by the provisions of chapter 20, Fire Prevention and Protection.
(b)
It shall be unlawful for any person to shoot squirrels inside the city limits without a valid destructive squirrel abatement permit to discharge firearm in his immediate possession. A destructive squirrel abatement permit to discharge a firearm may be issued by the city manager or his designee to city residents having nuisance squirrels. As a prerequisite of the issuance of the permit, the applicant must certify that he will abide by all policies, conditions, and restrictions as stated on the destructive squirrel abatement permit to discharge a firearm. The destructive squirrel abatement permit to discharge a firearm listed as exhibit A in the ordinance from which this section is derived is on file in the municipal clerk’s office and is made part of this section.
(c)
Notwithstanding the language contained in subsections (a) and (b) of this section, it shall be lawful to operate an air powered paintball gun for recreational purposes only, in a properly licensed and zoned area of the city, where all reasonable precautions have been taken to ensure the safety of participants and others.
(d)
The city judge, during his consideration of a case prosecuted under this section, shall consider whether the circumstances of the case justify the forfeiture of the weapon and, upon such finding, the court shall order the weapon forfeited to the police chief, who shall dispose of the weapon as provided in S.C. Code 1976, § 16-23-50, as amended.
(Code 1983, § 18-159; Ord. No. 95-020, 10-16-1995; Ord. No. 97-022, 12-15-1997; Ord. No. 99-026, 10-4-1999)
GREER,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
HAMPTON,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
HANAHAN,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
HARDEEVILLE,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
HARTSVILLE,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
HILTON HEAD ISLAND,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
HOLLYWOOD,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
County of
HORRY,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
IRMO,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
ISLE OF PALMS,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
JACKSON,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
JASPER COUNTY,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
KERSHAW,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
KIAWAH ISLAND,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
County of
LANCASTER,
Paintball range. A paintball range is an outdoor facility used for the discharging of paintball guns for the purpose of target practice, mock war games, or similar competitions. Excluded from these facilities are general hunting and the unrestricted and nonrecurring discharge of firearms.
(Ord. No. 1153, § 3, 7-9-2012)
LEXINGTON,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
County of
LEXINGTON,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
MANNING,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
MAULDIN,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
McCormick COUNTY,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
MONCKS CORNER,
ARTICLE V. OFFENSES AGAINST PUBLIC SAFETY Moncks Corner, South Carolina Code of Ordinances
Sec. 20-145. Discharging of firearms and dangerous devices.
It shall be unlawful to fire or discharge, within the town limits, any rifle, gun, pistol, air rifle, pellet gun, or other device which may be potentially harmful to any person or property. Any device used within the town in violation of this section is hereby declared to be contraband, and such device shall be seized by the police and sold or destroyed.
(Ord. No. 1984-6, § 10-85, 8-21-84)
MYRTLE BEACH,
ARTICLE VI. WEAPONS Myrtle Beach, South Carolina Code of Ordinances
Sec. 14-101. Discharge of firearms, slingshots or air rifles prohibited in the city.
It shall be unlawful for any person to discharge or cause to be discharged any firearm of any kind or nature or any air rifle or slingshot at any place within the city. This section does not apply to: law enforcement in training or performance of duty, the business function of a lawful business properly permitted and zoned such as a gun club, shooting range or paintball business, permits under special events or the fire marshal, sanctioned governmental/school/stadium events conducted on public property, or in the case of a landowner discharging a firearm on the landowner’s property to protect the landowner’s family, employees, the general public, or the landowner’s property from animals that the landowner reasonably believes pose a direct threat or danger to the landowner’s property, people on the landowner’s property, or the general public; for purposes of this item, the landowner’s property must be a parcel of land comprised of at least 25 contiguous acres. (See S.C. Code § 23-31-510.)
(Code 1980, § 9-3-1; Ord. No. 2011-26, 5-24-11)
Editor’s note—
Ord. No. 2011-26, adopted May 24, 2011, amended § 14-101 title to read as herein set out. Former § 14-101 title pertained to discharge of firearms, slingshots or air rifles prohibited.
NEWBERRY,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
NORTH AUGUSTA,
ARTICLE IX. WEAPONS – North Augusta, South Carolina – Code of Ordinances
Sec. 16-185. – Bows and arrows, air guns, slingshots, etc.
It shall be unlawful for any person to shoot arrows or use air guns, slingshots, or any other device for throwing missiles in, across, or near any of the streets, sidewalks, or public places of the city or the land of any other person. Any person convicted hereunder shall forfeit the weapon to the city.
(Ord. No. 84-26, § 1, 1-21-85)
NORTH CHARLESTON,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
NORTH MYRTLE BEACH,
ARTICLE I. IN GENERAL North Myrtle Beach, South Carolina Code of Ordinances
Sec. 16-47. Weapons—Discharge of firearms, slingshots, air rifles, explosives, etc.
It shall be unlawful for any person to discharge or cause to be discharged any firearms of any nature, any air rifle, slingshot or explosives at any place.
(Code 1970, § 19-62)
State law reference— Regulation of firearms, S.C. Code 1976, § 23-31-10 et seq.; offenses involving weapons, § 16-23-10 et seq.
Sec. 16-48. Reserved.
Editor’s note—
Ord. No. 00-09, adopted February 21, 2000, repealed § 16-48 which pertained to weapons—pointing firearm at another and derived from Code 1970, § 19-63
County of
OCONEE,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
ORANGEBURG COUNTY,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
ORANGEBURG COUNTY,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
PAWLEYS ISLAND,
Chapter 16 OFFENSES AND MISCELLANEOUS PROVISIONS Pawleys Island, South Carolina Code of Ordinances
Sec. 16-2. Discharge of firearms.
It shall be unlawful for any person to carelessly or negligently fire or discharge within the corporate limits of the town any gun, pistol, rifle, small arms, air gun, air pistol, pellet gun, target gun, or hand guns.
(Ord. No. 94-1, §§ 1, 2, 1-10-1994; Ord. No. 2003-14, 6-9-2003)
PICKENS,
Chapter 10 MISCELLANEOUS OFFENSES – Pickens, South Carolina – Code of Ordinances
Sec. 10-3. – Discharge of firearms, air rifles, etc.
(a)
It shall be unlawful for any person to discharge any firearm at any time or place within the city, except when used in lawful defense of person or property or upon permission from the chief of police.
(b)
It shall be unlawful for any person to discharge any pellet gun, air rifle or other mechanism or device designed or used to project pellets, BB’s or other missiles by compressed air or mechanical action with less than deadly force, except at places designated for such purpose or upon private property with the consent of the property owner and under supervision of a competent adult person.
(Code 1977, § 14-5.1)
PICKENS COUNTY,
Chapter 28 PARKS AND RECREATION – Pickens County, South Carolina – Code of Ordinances
Sec. 28-7. – Certain acts unlawful at county parks.
It shall be unlawful for any person to commit any of the following acts at any park or facility under the jurisdiction of the county:
(7)
Possessing any firearm, air gun, explosive, or firework except by duly authorized park personnel, law enforcement officers, or persons using areas specifically designated by the county for use of firearms, air guns, fireworks, or explosives. Licensed hunters may have firearms in their possession during hunting seasons provided that such firearms are unloaded and carried in a case or the trunk of a vehicle except that in designated game management areas where hunting is permitted, licensed hunters may use firearms for hunting in the manner authorized by law.
PORT ROYAL,
Chapter 15 OFFENSES AND MISCELLANEOUS PROVISIONS – Port Royal, South Carolina – Code of Ordinances
Sec. 15-10. – Weapons; fireworks and other explosives—Discharging prohibited; exceptions.
(a)
It shall be unlawful to discharge any firearm, air gun, or spring loaded gun, slingshot, fireworks (with the exception of sparklers), any device firing a projectile or rocket, or other explosive within the town; provided, that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of such officer’s duty, nor any citizen from discharging a firearm when lawfully defending such citizen’s person.
(b)
The council may permit the use of fireworks at public celebrations, national holiday periods and other specific occasions when deemed proper and expedient.
(Code 1980, § 13-10)
State law reference— Discharging firearms near public buildings, S.C. Code 1976, § 16-23-420; fireworks, § 23-35-10 et seq.
ROCK HILL,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
SEABROOK ISLAND,
ARTICLE II. OFFENSES AGAINST PUBLIC SAFETY Seabrook Island, South Carolina Code of Ordinances
Sec. 18-23. Discharging firearms.
(a)
Firearms defined.
(1)
For purposes of this article, the term “firearms” includes:
a.
Any pistol as defined in S.C. Code 1976, § 23-31-110; and
b.
Any machine gun, sawed-off shotgun, shotgun, sawed-off rifle, rifle or antique firearm as defined in S.C. Code 1976, § 23-31-310.
(2) For purposes of this article, the term “firearms” does not include:
<!–[if !supportLists]–>a. <!–[endif]–>BB guns; and
b. Air rifles.
<!–[if !supportLists]–>(b) <!–[endif]–>Prohibited. It shall be unlawful for any person to negligently or carelessly discharge or fire any firearm or crossbow within the town’s jurisdiction. Any intentional discharge is prohibited subject to the exceptions set forth in subsection (c) of this section.
SENECA,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
SPRINGDALE,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
SUMMERVILLE,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
County of
SUMTER,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
SURFSIDE BEACH,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
UNION,
Chapter 16 OFFENSES AND MISCELLANEOUS PROVISIONS – Union, South Carolina – Code of Ordinances
Sec. 16-64. – Weapons—Discharging firearms or air rifles.
No person shall fire any pistol, gun, rifle or other firearm, including air rifles, within the city.
(Code 1952, § 17-38)
Cross reference— Hunting or killing birds inside city prohibited; exceptions, § 3-10.
VARNVILLE,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
WALTERBORO,
ARTICLE VI. OFFENSES AGAINST THE PEACE; PUBLIC POLICY Walterboro, South Carolina Code of Ordinances
Sec. 20-94. Discharge of dangerous devices prohibited.
(a)
It shall be unlawful for any person to point at or discharge or cause to be discharged at any person any loaded or unloaded firearm of any kind.
(b)
It shall be unlawful, within the corporate limits, to fire, aim or discharge any air rifle, pellet rifle, slingshot or other device, in any manner, which may be intentionally used to harm any person or property.
(c)
Nothing contained herein, however, shall be construed to abridge the right of self-defense, to apply to theatricals or like performances or to peace officers in the discharge of their duties.
(Code 2003, § 14.503)
WARE SHOALS,
ARTICLE II. OFFENSES AGAINST THE PUBLIC PEACE Ware Shoals, South Carolina Code of Ordinances
Sec. 28-34. Weapons.
(a)
It shall be unlawful for any person to:
(1)
Fire or discharge any air rifle, pellet gun, or other device which may be potentially harmful to any person or property; or
(2)
Draw a knife, gun, pistol or any other dangerous or deadly weapon in any fight or disturbance.
(b)
This section shall not apply to police or other law enforcement officers while in the exercise and discharge of their duties or to any theatrical or like performances; nor shall it be construed to abridge or abrogate the right of defense of person or property.
(Code 1988, § 9-2-2)
YORK,
No local ordinances listed; South Carolina Code 16-23-405 on miscellaneous crimes and offenses covers crimes related to carrying “a device that may be used to inflict bodily injury or death,” which includes pellet guns.
State Law Reference: Public disorderly conduct, S.C. Code, Sec. 16-17-530; offenses involving weapons, Sec. 16-23-10 et seq.
South Dakota-
South Dakota Codified Laws
13-32-7. Possession of firearms on or in elementary or secondary school premises or vehicle as misdemeanor–Exceptions. Any person, other than a law enforcement officer or school sentinel acting pursuant to § 13-64-1, who intentionally carries, has in his possession, stores, keeps, leaves, places, or puts into the possession of another person, any firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended primarily for imitative or noisemaking purposes, or any dangerous weapon, on or in any elementary or secondary school premises, vehicle, or building or any premises, vehicle, or building used or leased for elementary or secondary school functions, whether or not any person is endangered by such actions, is guilty of a Class 1 misdemeanor. This section does not apply to starting guns while in use at athletic events, firearms, or air guns at firing ranges, gun shows, and supervised schools or sessions for training in the use of firearms. This section does not apply to the ceremonial presence of unloaded weapons at color guard ceremonies.
Source: SL 1961, ch 49; SL 1979, ch 120; SL 1982, ch 86, § 145; SL 1990, ch 129; SL 1991, ch 147, § 1; SL 1993, ch 142; SL 2002, ch 90, § 1; SL 2013, ch 93, § 8.
Chapter 13-32
Supervision of Students and Conduct of School
§ 13-32-7. Possession of firearms on elementary or secondary school
premises or vehicle as misdemeanor-Exceptions. Any person, other
than a law enforcement officer, who intentionally carries, has in his
possession, stores, keeps, leaves, places, or puts into the possession of
another person, any firearm, or air gun, whether or not the firearm or air
gun is designed, adapted, used, or intended primarily for imitative or
noisemaking purposes, or any dangerous weapon, on or in any
elementary or secondary school premises, vehicle, or building or any
premises, vehicle, or building used or leased for elementary or secondary
school functions, whether or not any person is endangered by such
actions, is guilty of a Class 1 misdemeanor. This section does not apply
to starting guns while in use at athletic events, firearms, or air guns at
firing ranges, gun shows, and supervised schools or sessions for training
in the use of firearms. This section does not apply to the ceremonial
presence of unloaded weapons at color guard ceremonies.
41-8-31. Hunting methods restricted–Violation as misdemeanor. No person may at any time hunt, catch, take, attempt to take, or kill any small game or game animal in any other manner than by shooting the same with a firearm, except:
(1) Game birds and animals may be taken with birds trained in falconry or with bow and arrow;
(1A) Cottontail rabbit, red squirrel, fox squirrel, grey squirrel, and any species defined as a predator/varmint in § 41-1-1 may be taken with an air gun that complies with specifications established by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26
ABERDEEN,
DIVISION 2. WEAPONS Aberdeen, South Dakota Code of Ordinances
Sec. 34-78. Air guns, slingshots.
It shall be unlawful for any person to discharge any air gun or use any slingshot or any device of like character within the limits of the city.
(Code 1980, § 18-12; Code 2003, § 19-78)
41-8-31. Hunting methods restricted–Violation as misdemeanor. No person may at any time hunt, catch, take, attempt to take, or kill any small game or game animal in any other manner than by shooting the same with a firearm, except:
(1) Game birds and animals may be taken with birds trained in falconry or with bow and arrow;
(1A) Cottontail rabbit, red squirrel, fox squirrel, grey squirrel, and any species defined as a predator/varmint in § 41-1-1 may be taken with an air gun that complies with specifications established by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26
BELLE FOURCHE,
Chapter 9.92 FIREARMS Belle Fourche, South Dakota Code of Ordinances
9.92.010 Discharge of firearms within the City limits—Exceptions.
It shall be unlawful for any persons to discharge or shoot off any gun, pistol, rifle, air gun, carbon-dioxide gun or any other firearm, or use for any purpose any such device for throwing or forcing through the air missiles or projectiles of any character whatever, within the limits of the City, without prior authority of a duly authorized law enforcement officer or without the permission of the Common Council.
This section shall not apply to any duly authorized shooting gallery in the city, or to any law enforcement officer while engaged in the lawful conduct of their duties, or to any citizen discharging a firearm when lawfully defending his person or property. (SDCL 22-1-2(15); 22-14-7)
(PC 9.0116)
(Ord. 6-1991)
9.92.020 Penalty.
Any persons found guilty of violating any of the sections of this chapter shall, upon conviction, be subject to punishment under the general penalty provision of chapter 1.20 of this Code.
(Ord. 6-1991)
BERESFORD,
No local Air-gun ordinances listed , refer to South Dakota State law(s):
South Dakota Codified Laws
13-32-7. Possession of firearms on or in elementary or secondary school premises or vehicle as misdemeanor–Exceptions. Any person, other than a law enforcement officer or school sentinel acting pursuant to § 13-64-1, who intentionally carries, has in his possession, stores, keeps, leaves, places, or puts into the possession of another person, any firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended primarily for imitative or noisemaking purposes, or any dangerous weapon, on or in any elementary or secondary school premises, vehicle, or building or any premises, vehicle, or building used or leased for elementary or secondary school functions, whether or not any person is endangered by such actions, is guilty of a Class 1 misdemeanor. This section does not apply to starting guns while in use at athletic events, firearms, or air guns at firing ranges, gun shows, and supervised schools or sessions for training in the use of firearms. This section does not apply to the ceremonial presence of unloaded weapons at color guard ceremonies.
Source: SL 1961, ch 49; SL 1979, ch 120; SL 1982, ch 86, § 145; SL 1990, ch 129; SL 1991, ch 147, § 1; SL 1993, ch 142; SL 2002, ch 90, § 1; SL 2013, ch 93, § 8.
Chapter 13-32
Supervision of Students and Conduct of School
§ 13-32-7. Possession of firearms on elementary or secondary school
premises or vehicle as misdemeanor-Exceptions. Any person, other
than a law enforcement officer, who intentionally carries, has in his
possession, stores, keeps, leaves, places, or puts into the possession of
another person, any firearm, or air gun, whether or not the firearm or air
gun is designed, adapted, used, or intended primarily for imitative or
noisemaking purposes, or any dangerous weapon, on or in any
elementary or secondary school premises, vehicle, or building or any
premises, vehicle, or building used or leased for elementary or secondary
school functions, whether or not any person is endangered by such
actions, is guilty of a Class 1 misdemeanor. This section does not apply
to starting guns while in use at athletic events, firearms, or air guns at
firing ranges, gun shows, and supervised schools or sessions for training
in the use of firearms. This section does not apply to the ceremonial
presence of unloaded weapons at color guard ceremonies.
41-8-31. Hunting methods restricted–Violation as misdemeanor. No person may at any time hunt, catch, take, attempt to take, or kill any small game or game animal in any other manner than by shooting the same with a firearm, except:
(1) Game birds and animals may be taken with birds trained in falconry or with bow and arrow;
(1A) Cottontail rabbit, red squirrel, fox squirrel, grey squirrel, and any species defined as a predator/varmint in § 41-1-1 may be taken with an air gun that complies with specifications established by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26
State Law reference— Unlawful use of weapons, SDCL 22-14-1 et seq
<p>41-8-31. Hunting methods restricted–Violation as misdemeanor. No person
may at any time hunt, catch, take, attempt to take, or kill any small game or
game animal in any other manner than by shooting the same with a firearm,
except: birds and animals may be taken with birds trained
in falconry or with bow and arrow; Cottontail rabbit, red squirrel, fox squirrel, grey
squirrel, and any species defined as a predator/varmint in § 41-1-1 may be taken
with an air gun that complies with specifications established by rules
promulgated by the Game, Fish and Parks Commission pursuant to chapter
1-26
BRITTON,
Chapter 9.16 WEAPONS Britton, South Dakota Code of Ordinances
9.16.010 Discharge of firearms or air rifles.
It is unlawful for any person except a public officer or specially appointed officer in the discharge of his or her duty, to discharge or fire any gun, air rifle, sling shot, or other dangerous weapon within the limits of the city.
(Prior code § 10-1-9)
BROOKINGS,
ARTICLE V. OFFENSES INVOLVING PUBLIC SAFETY – Brookings, South Dakota – Code of Ordinances
Sec. 58-131. – Discharging weapon and bow and arrow; exceptions.
(a)
Prohibited generally. No person shall willfully discharge any type of firearm, air gun, pellet or BB gun, blow gun, dart gun or any other gun or shoot a bow and arrow in the city limits.
(b)
Exceptions.
(1)
The prohibitions of subsection (a) of this section shall not apply to law enforcement officers in the performance of their duties.
(2)
The city animal control officers may use a pneumatic powered pellet pistol or rifle to eliminate birds or wild animals which pose a health or safety threat.
(3)
Firearms, air guns, pellet or BB guns, blow guns and dart guns may be used in indoor target ranges where the use thereof does not endanger any person.
(4)
Bow and arrow may be used at indoor or outdoor target ranges where the use thereof does not endanger any person.
(5)
Special events or demonstrations with prior approval of city manager.
(Code 1996, § 25-41; Ord. No. 26-00, § I, 10-23-2000)
State law reference— Firearms control, SDCL 23-7-1 et seq.
HURON,
Chapter 9.36 WEAPONS – Huron, South Dakota – Code of Ordinances
9.36.040 – Discharging firearms and weapons.
A.
No person shall discharge or shoot off any gun, pistol, air gun, rocket, missile or other firearm or shoot any bow and arrow within the limits of the city. No person shall discharge or shoot off any gun, pistol, air gun, rocket, missile or other firearm or shoot any bow and arrow on city property located outside city limits without the prior approval of the city commission.
B.
For land located east of Custer Avenue and south of the railroad right-of-way in Sections 2, 3, and 4, Township 110N, Range 61W (Custer Township), there shall be no discharge of a shot shell shotgun or shooting arrows from a bow outside of city limits that is within six hundred sixty feet of a building within city limits, no discharge of a slug shotgun or muzzleloader outside of city limits that is within one-quarter mile of a building within city limits, and no discharge of a rifle outside of city limits that is within one mile of a building within city limits.
C.
For all land adjacent to city limits and not identified in [subsection] B., above:
1.
Discharging of shot shells from a shotgun and shooting arrows from a bow shall not be permitted within six hundred sixty feet of city limits;
2.
Discharging of shotguns shooting slugs or muzzleloaders shall not be permitted within one-quarter mile of city limits;
3.
Discharging of rifles, pistols, air guns, rockets, missiles or any other type of firearm shall not be permitted within one mile of city limits.
D.
Section 9.36.040 shall not apply to shooting ranges or archery ranges (1) within city limits, (2) within one mile of city limits, or (3) on city property located outside city limits, provided the city commission has given prior authorization for the shooting range or archery range. Section 9.36.040 shall also not apply to any duly appointed animal control officer or his designee authorized by the governing board to eradicate any wild animal causing injury to trees, shrubs, vegetable gardens, flower gardens or other vegetation.
(Ord. 1816, 1998: Ord. 1780, 1996: Ord. 483 § 8.0630, as amended by Ord. 686, 1958).
(Ord. No. 2064, 9-14-2009)
SISSETON,
Chapter 9.20 WEAPONS – Sisseton, South Dakota – Code of Ordinances
9.20.010 – Discharge of firearms or air rifles.
It is unlawful for any person except a police officer in the performance of his or her duties or a person exercising his or her right to lawful self-defense, to discharge or fire any gun, air rifle, sling shot, or other dangerous weapon within the city limits of the city.
YANKTON,
No local Air-gun ordinances listed , refer to South Dakota State law(s):
South Dakota Codified Laws
13-32-7. Possession of firearms on or in elementary or secondary school premises or vehicle as misdemeanor–Exceptions. Any person, other than a law enforcement officer or school sentinel acting pursuant to § 13-64-1, who intentionally carries, has in his possession, stores, keeps, leaves, places, or puts into the possession of another person, any firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended primarily for imitative or noisemaking purposes, or any dangerous weapon, on or in any elementary or secondary school premises, vehicle, or building or any premises, vehicle, or building used or leased for elementary or secondary school functions, whether or not any person is endangered by such actions, is guilty of a Class 1 misdemeanor. This section does not apply to starting guns while in use at athletic events, firearms, or air guns at firing ranges, gun shows, and supervised schools or sessions for training in the use of firearms. This section does not apply to the ceremonial presence of unloaded weapons at color guard ceremonies.
Source: SL 1961, ch 49; SL 1979, ch 120; SL 1982, ch 86, § 145; SL 1990, ch 129; SL 1991, ch 147, § 1; SL 1993, ch 142; SL 2002, ch 90, § 1; SL 2013, ch 93, § 8.
Chapter 13-32
Supervision of Students and Conduct of School
§ 13-32-7. Possession of firearms on elementary or secondary school
premises or vehicle as misdemeanor-Exceptions. Any person, other
than a law enforcement officer, who intentionally carries, has in his
possession, stores, keeps, leaves, places, or puts into the possession of
another person, any firearm, or air gun, whether or not the firearm or air
gun is designed, adapted, used, or intended primarily for imitative or
noisemaking purposes, or any dangerous weapon, on or in any
elementary or secondary school premises, vehicle, or building or any
premises, vehicle, or building used or leased for elementary or secondary
school functions, whether or not any person is endangered by such
actions, is guilty of a Class 1 misdemeanor. This section does not apply
to starting guns while in use at athletic events, firearms, or air guns at
firing ranges, gun shows, and supervised schools or sessions for training
in the use of firearms. This section does not apply to the ceremonial
presence of unloaded weapons at color guard ceremonies.
41-8-31. Hunting methods restricted–Violation as misdemeanor. No person may at any time hunt, catch, take, attempt to take, or kill any small game or game animal in any other manner than by shooting the same with a firearm, except:
(1) Game birds and animals may be taken with birds trained in falconry or with bow and arrow;
(1A) Cottontail rabbit, red squirrel, fox squirrel, grey squirrel, and any species defined as a predator/varmint in § 41-1-1 may be taken with an air gun that complies with specifications established by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26
State Law reference— Unlawful use of weapons, SDCL 22-14-1 et seq
<p>41-8-31. Hunting methods restricted–Violation as misdemeanor. No person
may at any time hunt, catch, take, attempt to take, or kill any small game or
game animal in any other manner than by shooting the same with a firearm,
except: birds and animals may be taken with birds trained
in falconry or with bow and arrow; Cottontail rabbit, red squirrel, fox squirrel, grey
squirrel, and any species defined as a predator/varmint in § 41-1-1 may be taken
with an air gun that complies with specifications established by rules
promulgated by the Game, Fish and Parks Commission pursuant to chapter
1-26.
Tennessee-
Tennessee currently has no State laws regarding Air-guns or non-powder guns other than prohibitive sale to minors.
BRENTWOOD,
No local Air-gun ordinances listed.
BRISTOL,
Chapter 50 OFFENSES AND MISCELLANEOUS PROVISIONS – Bristol, Tennessee – Code of Ordinances
Sec. 50-21. – Firearms, air rifles, BB guns, etc.
(a)
It shall be unlawful for any unauthorized person to discharge a firearm within the city.
(b)
It shall be unlawful for any person to discharge within the city any air gun, air pistol, air rifle, BB gun, or slingshot capable of discharging a metal bullet or pellet, whether propelled by spring, compressed air, expanding gas, explosive, or other force-producing means or method.
(c)
Provided, however, the foregoing shall not prohibit the discharge of a firearm in supervised events and activities, such as “turkey shoots,” firearms safety instruction, exhibitions, target practice, and similar events or activities which have been approved in advance by the chief of police. As a prerequisite to the granting of such approval, the city may require the execution of a release or hold harmless agreement and proof of adequate liability insurance.
(d)
The provisions of subsection (c) above shall expire at midnight on December 31, 1999, and thereafter shall be of no further force and effect.
(Code 1980, § 10-248; Ord. No. 93-10, § II, 5-4-93; Ord. No. 03-11, § I, 9-2-03)
CLARKSVILLE,
No local Air-gun ordinances listed.
FARRAGUT,
No local Air-gun ordinances listed.
FRANKLIN,
CHAPTER 6. FIREARMS, WEAPONS AND MISSILES Franklin, Tennessee Code of Ordinances
Sec. 11-601. Air rifles, etc.
It shall be unlawful for any person in the city to discharge any air gun, air pistol, air rifle, “BB” gun, or sling shot capable of discharging a metal bullet or pellet, whether propelled by spring, compressed air, expanding gas, explosive, or other force-producing means or method.
(1976 Code, § 10-213)
GALLATIN,
Chapter 12 MISCELLANEOUS OFFENSES Gallatin, Tennessee Code of Ordinances
Sec. 12-12. Air rifles, etc.
It shall be unlawful for any person in the city to discharge any air gun, air pistol, air rifle, BB gun, or slingshot capable of discharging a metal bullet or pellet, whether propelled by spring, compressed air, expanding gas, explosive, or other force-producing means or method.
(Code 1979, § 10-213)
GERMANTOWN,
ARTICLE V. OFFENSES AGAINST PUBLIC HEALTH, SAFETY OR WELFARE – Germantown, Tennessee – Code of Ordinances
Sec. 12-93. – Discharge of firearms prohibited; exception.
It shall be unlawful for any person to discharge any air gun, air pistol, air rifle or BB gun, or any pistol, rifle or firearms capable of discharging a metal or synthetic bullet or pellet, whether propelled by spring, compressed air or gases, explosive or other force-producing means, except in self-defense; while in the lawful performance of duty as an officer of the law; or within a legally established range or shooting gallery.
(Code 1986, § 15-74; )
State law reference— Similar provisions, T.C.A. § 39-17-1307 et seq.
KINGSPORT,
No local Air-gun ordinances listed.
County of
KNOX,
No local Air-gun ordinances listed.
KNOXVILLE,
ARTICLE IV. OFFENSES AGAINST PUBLIC SAFETY Knoxville, Tennessee Code of Ordinances
Sec. 19-109. Discharge of firearms, air guns, etc.
(a)
Discharge of firearms. It shall be unlawful for any person, except such as may be authorized by law, to discharge or fire any firearms within the city.
(b)
Discharge of air guns, spring guns, etc. It shall further be unlawful for any person to fire or discharge any air gun or air pistol, spring gun or spring pistol, or other device or firearm which is calculated or intended to propel or project a bullet, pellet, air or similar projectile, within the city.
(c)
Commercial indoor shooting ranges. Because of the ultra-hazardous nature of the operation of a commercial indoor shooting range, and because of the potential threat to the safety of the citizens of the city from the operation of such activity, it is hereby declared to be an unlawful purpose to operate an indoor commercial shooting range within the city limits.
(d)
Confiscation. If any person is arrested for violating the provisions of this section, the police are hereby empowered, authorized and directed to confiscate any such air gun or pistol, spring gun or spring pistol or other device or weapon, and it shall be the duty of the police to turn the device or weapon over to the municipal court for disposition of the device or weapon by the court.
(e)
Exception. Notwithstanding any other provisions of this section or any other provisions of this Code, nothing in this section is intended to prohibit the discharge or firing of any firearms by anyone lawfully engaged in hunting upon any property owned by the state and managed by the state wildlife resources agency which may be located within the municipal limits of the city.
(Code 1962, § 28-418; Ord. No. O-258-90, § 1, 8-21-90)
MEMPHIS,
CHAPTER 10-32. WEAPONS Memphis, Tennessee Code of Ordinances
Sec. 10-32-1. Air guns—Discharge prohibited—Exception.
It shall be a misdemeanor for any person to discharge within the limits of the city any air gun, air pistol, air rifle or BB gun, capable of discharging a metal bullet or pellet, whether propelled by spring, compressed air, expanding gas (CO2), explosive, or other force-producing means or method, except within a legally established target range or shooting gallery.
(Code 1967, § 22-3; Code 1985, § 20-3)
METROPOLITAN GOVERNMENT OF NASHVILLE
AND
DAVIDSON COUNTY,
Chapter 11.12 OFFENSES AGAINST PUBLIC PEACE – Metro Government of Nashville and Davidson County, Tennessee – Code of Ordinances
11.12.080 – Discharging weapons
B.
It shall further be unlawful for any person to fire or discharge any air gun or air pistol, spring gun or spring pistol, or other device or firearm which is calculated or intended to propel or project a bullet, pellet, air or similar projectile, whether propelled by spring, compressed air or gases, explosive or other force-producing means, within the urban services district of the metropolitan government.
Article V. Unlawful Activities – Metro Government of Nashville and Davidson County, Tennessee – Code of Ordinances
13.24.470 – Hunting and trapping wildlife—Carrying firearms.
A.
It is unlawful for any person to hunt or trap any of the game or fowl within any parks located within the area of the metropolitan government, which are under the jurisdiction and control of the board of park commissioners.
B.
It is unlawful for any person, other than an official park policeman on duty or other law enforcing officer, to carry or discharge a firearm of any description or any BB gun or air rifle within any of the parks of the metropolitan park system, which are under the jurisdiction of the board of park commissioners.
(Prior code § 29-1-46)
MILLERSVILLE,
No local Air-gun ordinances listed.
MT. JULIET,
ARTICLE II. OFFENSES ENUMERATED Mt. Juliet, Tennessee Code of Ordinances
Sec. 16-33. Guns, air rifles and projectiles.
(a)
It shall be unlawful for any person in the city to discharge any firearm, air gun, air pistol, air rifle, BB gun, bow and arrow, or sling shot capable of discharging a projectile, bullet or pellet, whether propelled by spring, compressed air, expanding gas, explosive, or other force-producing means or method. It shall also be unlawful to point such devices at people or to threaten to use such devices against people.
(b)
This section shall not prohibit the owner of land zoned agricultural and his invitees from firing shotguns with shot no larger (smaller shot number) than No. 4 shot so long as the gun does not send shot outside the property line.
(c)
This section shall not prohibit supervised firearms training using certified instructors with the approval of the chief of police. This section shall not prohibit discharging weapons in indoor firing ranges or at ranges approved, for safety, by the chief of police.
(Code 1997, § 10-2-113; Ord. No. 74-8, § 1(13), 5-16-1974)
DIVISION 4. PARKS RULES AND REGULATIONS Mt. Juliet, Tennessee Code of Ordinances
Sec. 24-172. Prohibited uses.
(f)
No person shall bring alcoholic beverages, drugs, firearms, fireworks, BB guns, air rifles, bows or arrows into a park, except as provided herein. This provision shall not apply to law enforcement officers. Persons may bring legally licensed handguns into the parks.
SHELBY COUNTY,
ARTICLE II. AIR RIFLES Shelby County, Tennessee Code of Ordinances
ARTICLE II. AIR RIFLES.
Sec. 8-19. Definitions.
Sec. 8-20. Unlawful transfers.
Sec. 8-21. Possession by minor, discharging on public property prohibited.
Sec. 8-22. When possession by minor permitted.
Sec. 8-23. Lawful sales.
Sec. 8-24. Removal for violation.
Secs. 8-25—8-50. Reserved.
Sec. 8-19. Definitions.
As used in this article:
Air rifle means any air gun, air pistol, spring gun, spring pistol, BB gun, or any implement that is not a firearm which impels a pellet of any kind with a force that can reasonably be expected to cause bodily harm.
Dealer means any person engaged in the business of selling at retail or renting any of the articles included in the definition of the term “air rifle.”
(Code 1992, § 26-21; Priv. Acts 1961, ch. 372, § 1)
Cross reference— Definitions and rules of construction, § 1-2.
Sec. 8-20. Unlawful transfers.
(a)
It shall be unlawful for any dealer in the county to sell, lend, rent, give, or otherwise transfer an air rifle to any person under the age of 18 years, or where such dealer has failed to make reasonable inquiry relative to the age of such person, and such person is under 18 years of age.
(b)
It shall be unlawful for any person in the county to sell, give, lend, or otherwise transfer any air rifle to any person under 18 years of age, except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the person under 18 years of age.
(Code 1992, § 26-22; Priv. Acts 1961, ch. 372, § 2)
Sec. 8-21. Possession by minor, discharging on public property prohibited.
(a)
It shall be unlawful for any person in the county under 18 years of age to carry any air rifle on the public streets, roads, highways or public lands within the county unless accompanied by an adult; provided, however, that a person under 18 years of age may carry such rifle unloaded in a suitable case, or securely wrapped.
(b)
It shall be unlawful for any person in the county to discharge any air rifle from or across any street, sidewalk, road, highway or public land of the county or any public place in the county, except on a properly constructed target range.
(c)
It shall be unlawful for any person to discharge any air rifle within any residential zoned area of the county.
(Code 1992, § 26-23; Priv. Acts 1961, ch. 372, § 3; Ord. No. 137, 2-28-1994)
Sec. 8-22. When possession by minor permitted.
Notwithstanding any inconsistent provision of this article, it shall be lawful for any person in the county under 18 years of age to have in his possession any air rifle if it is:
(1)
Kept within his domicile.
(2)
Used by the person under 18 years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult, and then only if the air rifle is actually being used in connection with the activities of such club, team or society under the supervision of a responsible adult.
(3)
Used in or on any private grounds or residence under circumstances when such air rifle can be fired, discharged or operated in such a manner as not to endanger persons or property, and then only if it is used in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence.
(Code 1992, § 26-24; Priv. Acts 1961, ch. 372, § 4)
Sec. 8-23. Lawful sales.
The provisions of this article shall not be construed to prohibit sales of air rifles:
(1)
By wholesale dealers or jobbers.
(2)
To be shipped out of the county.
(3)
To be used at a target range operated in accordance with section 8-22 or by members of the armed services of the United States or veterans’ organizations.
(Code 1992, § 26-25; Priv. Acts 1961, ch. 372, § 5)
Sec. 8-24. Removal for violation.
The sheriff or a police officer shall seize, take, remove or cause to be removed, at the expense of the owner, all air rifles used or offered for sale in the county in violation of this article.
(Code 1992, § 26-26; Priv. Acts 1961, ch. 372, § 6)
Secs. 8-25—8-50. Reserved.
Texas-
Texas allows Airsoft guns to be owned but most cities require that the Airsoft guns be discharged only while outside city limits. There are currently no laws regulating the possession or use of “Air-guns” other than for use in small game hunting.
ADDISON,
ARTICLE II. OFFENSES INVOLVING PUBLIC SAFETY Addison, Texas Code of Ordinances
Sec. 54-31. Use of firearms.
(a)
Unlawful action. It shall be unlawful for any person to fire, shoot, explode or cause to be fired, shot or exploded any firearm, rifle, shotgun, pistol, revolver, air rifle, air pistol or other devices or instrumentality ordinarily known as firearms and capable of propelling bullets, shot or other solid or compact substances whether propelled by powder, fire, compressed air or other force or by a combination of such forces within the corporate limits of the town. For purposes of this section, a “Taser” type of weapon is considered a firearm.
(b)
Certain exemptions.
(1)
This section shall not apply to police officers while in the performance of their official duties.
(2)
This section shall not apply to persons who discharge, shoot or fire an air pistol, air rifle or any other device capable of discharging a solid projectile by compressed air as long as the person is within the legal boundaries of his own property and the projectile does not exist outside the boundaries of such property.
(3)
This section shall not apply to any sporting event where starter guns are used, providing that the office of the chief of police shall be notified, in writing, 48 hours prior to such sporting event.
(4)
This section shall not apply in cases of defense of self or others and to members of the armed forces and National Guard while engaged in the performance of official duties.
(Code 1982, § 10-2)
State law reference— Weapons, V.T.C.A., Penal Code ch. 46.
ALAMO HEIGHTS,
ARTICLE I. IN GENERAL – Alamo Heights, Texas – Code of Ordinances
Sec. 10-5. – Air, gas, spring guns.
It shall be unlawful for any person to discharge or shoot, within the corporate limits of the city, any air gun, air rifle or air pistol of any description, by whatever name known, that by means of compressed air, compressed gas, springs or any other means is capable of discharging shots, pellets of any kind, or any solid object.
ARTICLE I. IN GENERAL – Alamo Heights, Texas – Code of Ordinances
Sec. 12-1. – Prohibited acts.
(a)
It shall be unlawful for any person or persons within the area of any city park to commit or do any of the following acts:
(2)
Shoot firearms, fireworks or explosives. To shoot, fire, or explode any firearms, fireworks, firecrackers, torpedoes, explosives of any kind, mechanically powered guns, air rifles, pellet guns, or slingshots in any part of the park.
ALBANY,
No local Air-gun ordinances listed.
ALEDO,
ARTICLE I. IN GENERAL Aledo, Texas Code of Ordinances
Sec. 46-2. Rules and regulations.
The following regulations and restrictions are prescribed for the use of city parks:
(19)
Projectile devices. No person shall possess, fire, or discharge a device capable of propelling a projectile, including without limitation, any air gun, air pistol, paintball guns or devices, bow and arrow, cross bow, or sling shot in a public park.
ALICE,
ARTICLE I. IN GENERAL – Alice, Texas – Code of Ordinances
Sec. 58-1. – Discharging firearms, BB and pellet guns.
It shall be unlawful for any person to fire, shoot or discharge, or cause or permit to be fired, shot or discharged, any rifle, shotgun, revolver, pistol or other firearm of any BB gun or pellet gun whether the weapon uses an explosive such as a gunpowder or cordite or uses a spring or compressed air or gas, within the city limits of the city. This section is not intended, nor shall it be construed, to abridge any legal rights of citizens to protect and defend their lives and property.
(Code 1986, § 15-2)
ALLEN,
ARTICLE I. IN GENERAL – Allen, Texas – Code of Ordinances
Sec. 10-1. – Firearms.
(a)
It shall be unlawful for any person to fire or shoot or cause to be fired or shot any firearm, rifle, shotgun, automatic rifle, revolver, pistol or any other weapon designated for the purpose of firing or discharging a shell or cartridge, whether such shell or cartridge is blank or live ammunition, or to fire, shoot, discharge or cause to be fired, shot or discharged any air rifle, air pistol or pellet gun of any description, by whatever name known, that is capable of discharging a pellet or any solid object by means of compressed air, gas, springs or other means, within the corporate limits of the city.
(b)
This section shall not apply:
(1)
To police officers while in the performance of their official duties.
(2)
Where a special permit has been obtained from the city. To secure such special permit, application must be made in writing to the chief of police, describing in detail the request of the applicant. Upon receipt of such request, the chief of police shall investigate said application. If the application is approved by the chief of police, he shall forthwith send to the applicant a letter setting forth the requirements or restrictions under which the permit will be granted. Should said application be disapproved, the chief of police shall also notify the applicant by letter. The applicant may appeal such ruling of the chief of police to the city council within two (2) weeks from the date of receipt of such notice.
(c)
A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in V.T.C.A., Penal Code § 46.05(a) on the premises of the municipal court or any offices utilized by the court. This provision does not apply to a certified peace officer in the course of his duty.
(Ord. No. 321, §§ 1—3, 11-20-1980; Ord. No. 1388-1-96, § 1, 1-4-1996; Ord. No. 2198-8-03, § 1, 8-26-2003)
Cross reference— Police, § 2-16 et seq.
State law reference— Power of cities to prohibit the discharge of firearms, V.T.C.A., Penal Code § 42.12(d).
ARTICLE I. PARKS AND RECREATION – Allen, Texas – Code of Ordinances
Sec. 11-18. – Prohibited acts.
It shall be unlawful for any person to commit any one (1) or more of the following acts in a park:
(6)
To carry, (unless permitted under (5) above), or discharge firearms, fireworks, bb guns, air-guns, bows and arrows, slingshots, blowgun, rockets or paint-ball guns unless authorized by the director.
ALVARADO,
ARTICLE II. WEAPONS Alvarado, Texas Code of Ordinances
Sec. 24-27. Definitions; firearms in city buildings.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Gun, pistol, rifle, and firearms shall not only be defined to include all percussion weapons, but shall include all air-guns, air pistols, air rifles, and all other firearms using air pressure to propel a projectile.
Sec. 24-28. Discharge of firearms prohibited.
(a)
No person shall discharge any gun, pistol, rifle or firearm in the city.
(b)
This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, nor any citizen from discharging a firearm when lawfully defending person or property.
(c)
Subsection (a) of this section shall not apply to the discharge of a firearm by active or reserve duty military personnel at a military funeral.
(Code 2008, § 130.52; Ord. No. 2001-036, 7-9-2001; Ord. No. 2006-045, 9-18-2006)
State law reference— Authority of municipality to regulate the discharge of firearms, V.T.C.A., Local Government Code § 217.003.
ALVIN,
ARTICLE I. IN GENERAL Alvin, Texas Code of Ordinances
Sec. 15-2. Air guns—Discharge prohibited.
It shall be unlawful for any person to shoot or discharge any air gun or air rifle of any description in the city or to knowingly, willfully or negligently cause any air gun or air rifles to be shot or discharged in the city by a minor who is in his custody or under his control.
(Ord. No. 67-L, Art. 1, 4-20-67)
AMARILLO,
ARTICLE III. OFFENSES AGAINST PUBLIC SAFETY Amarillo, Texas Code of Ordinances
Sec. 10-3-26. Discharging BB guns, air rifles, paintball guns.
It shall be unlawful for any person to shoot and discharge any shot, lead, nail, wire, steel, match, paintball or any other hard substance out of any BB gun, air rifle, paintball gun or any other rifle across, into or along any Alley or, Street or City park within the City limits.
(Code 1960, § 14-4; Ord. No. 5641, § 1, 10-28-86; Ord. No. 6466, § 1A, 2-15-2000)
ANDREWS,
No local Air-gun ordinances listed.
ANGLETON,
ARTICLE I. IN GENERAL Angleton, Texas Code of Ordinances
Sec. 13-2. Discharge of dangerous weapons.
It shall be unlawful for any person to shoot or cause to be discharged or ejected from any air gun, air rifle, air pistol, spring gun or rifle, spring pistol, pellet gun, sling or any similar contrivance, any bullet, shot, pellet or missile of any character from or onto any street or public place or onto the private premises of another within the city limits of the city.
(Code 1965, § 14-4.1)
State law reference— Discharging firearms in public places, V.T.C.A., Penal Code § 42.01(9), (11).
ANTHONY,
Chapter 12.08 PARKS Anthony, Texas Code of Ordinances
12.08.060 Dangerous amusements.
No person shall have within any town park or playground any firearm, air rifle, spring gun, bow for shooting arrows, or other instrument capable of throwing a projectile or throw any stone, hard ball, model airplane, or other object likely to inflict injury; or drive any golf ball; or roller-skate. This section does not apply to acts done in an area designated by the town for such purpose.
(Ord. 336 § 6, 1992)
ARANSAS PASS,
ARTICLE I. IN GENERAL Aransas Pass, Texas Code of Ordinances
Sec. 18-9. Discharging firearms, air guns or spring guns.
(a)
It shall be unlawful for any person to discharge any gun, pistol or firearm of any kind or character in or near a private residence or upon private property and it shall be unlawful for any person to discharge an air rifle or air pistol of any description and of any kind or character by whatever name known that by means of compressed air, compressed gas, springs, or any other means capable of discharging shots, pellets or any solid object at a velocity in excess of three hundred (300) feet per second in any public or private place or in or near any private residence within the city limits.
(b)
It is the defense to the prosecution of this section if the person so discharging such firearm or air rifle or air pistol had reasonable grounds to believe or fear for the safety of himself, his property or the safety or property of some other person and was in good faith exercising self-defense or the defense of another.
(c)
It is further excepted from this section the discharge of shotguns or firearms described as shotguns of a bore of not greater than ten (10) gauge during legitimate and legal hunting seasons for migratory birds or water fowl provided such discharge does not occur any nearer than two hundred (200) yards to a public thoroughfare, private dwelling, public structure or public place or a duly designated bird sanctuary.
(d)
An offense under this section is a class C misdemeanor and the fine for violation thereof shall not exceed two hundred dollars ($200.00).
(Ord. No. 65, 1-21-13; Ord. No. 1823, §§ 1—4, 2-21-77)
State law reference— See V.T.P.C. § 42.01.
ATHENS,
Chapter 14 OFFENSES AND MISCELLANEOUS PROVISIONS – Athens, Texas – Code of Ordinances
Sec. 14-4. – Firearms and other guns; discharging across public thoroughfares.
It shall be unlawful for any person except law enforcement officers to discharge any gun, pistol or firearm of any kind, including air rifles or pistols, or compressed air or gas operated pellet or dart guns or pistols, in, on, along or across any public street, alley, park, school-ground or any public lands within the city.
(Ord. of 10-24-66)
State law reference— For similar provisions, see V.T.P.C., art. 480.
BALCH SPRINGS,
ARTICLE III. FIREARMS AND WEAPONS Balch Springs, Texas Code of Ordinances
Sec. 54-62. Unlawful discharge; exceptions.
(a)
It shall be unlawful for any person to discharge, or cause to be discharged, the following weapons within the city:
(1)
A firearm, rifle, shotgun, automatic rifle, revolver, pistol or any other weapon designed for the purpose of firing or discharging a shell or cartridge, whether such shell or cartridge is blank or live ammunition; or
(2)
A BB gun, pellet gun or air rifle.
(b)
This section shall not apply in the following situations:
(1)
Police officers while in the performance of their official duties;
(2)
When a special permit application describing in detail the request of the applicant has been filed with the city secretary, reviewed by the chief of police and approved by the city council.
(Code 1984, §§ 9-2-1, 9-2-2)
BAY CITY,
ARTICLE II. CONDUCT IN PUBLIC PARKS Bay City, Texas Code of Ordinances
Sec. 70-35. Hunting and firearms.
No person in a park shall hunt, trap or pursue wildlife at any time. No person in a park shall use, carry or possess firearms of any descriptions, or air rifles, spring-guns, bow-and-arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
(Code 1985, § 21-72; Code 2000, § 70-122)
BAYTOWN,
ARTICLE II. WEAPONS Baytown, Texas Code of Ordinances
Sec. 66-27. Discharging air rifles or air pistols.
(a)
It shall be unlawful for any person to discharge an air rifle or air pistol of any description, by whatever name known, that by means of compressed air, compressed gas, springs or any other means is capable of discharging shots, pellets or any solid object over any easement, street, alley, park, road, highway, right-of-way or over the private property line of someone other than his own without the consent of such person.
(b)
No person shall discharge any such air-gun or air pistol on public school grounds, public parks, church grounds or in cemeteries, unless the person has the approval of the person in charge of such grounds.
(c)
Any person who shall violate this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 1-14
(Code 1967, § 17-1.2; Ord. No. 1017, § 1, 2-12-70)
BEDFORD,
ARTICLE II. WEAPONS Bedford, Texas Code of Ordinances
Sec. 82-41. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Replica or facsimile of a firearm means any device or object made of plastic, wood, metal or any other material, which is a replica, facsimile or toy version or is otherwise recognizable as a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, starter pistol, air gun, inoperative firearm, or other firearm. As used in this article, “replica or facsimile of a firearm” shall include, but is not limited to, toy guns, theatrical production props, hobby models (either in kit form or fully assembled), or any other device which might reasonably be perceived to be a real firearm.
(Code 1969, § 16-100)
Cross reference— Definitions generally, § 1-2.
ARTICLE I. IN GENERAL Bedford, Texas Code of Ordinances
Sec. 86-6. Recreational activities.
No person in a park shall:
(1)
Hunting and firearms. Carry or possess at any time firearms of any description, or air rifles, spring guns, bows and arrows, slings, or any instrument that can be loaded with and fire blanks, cartridges, or any kind of trapping device. Shooting into, out of or in park areas is prohibited. This section shall not apply to any law enforcement officers while in performance of their duties.
BELLAIRE,
ARTICLE I. IN GENERAL Bellaire, Texas Code of Ordinances
Sec. 22-18. BB gun, pellet gun, air rifle, spring gun.
It shall be unlawful for any person to discharge by firing or activating, a BB gun, pellet gun, air rifle or spring gun upon public or private property within the city limits of the City of Bellaire.
BELLMEAD,
ARTICLE II. OFFENSES INVOLVING PUBLIC SAFETY – Bellmead, Texas – Code of Ordinances
Sec. 11-27. – Air guns.
It shall be unlawful for any person to shoot or discharge any air gun or air rifle into, on or across any public street, avenue, alley or highway, or in any public place whatsoever. The terms “air gun” and “air rifle,” mean any instrument or weapon which is commonly known as an air gun or air rifle, and which propels a bullet or other hard pellet with a carrying force as much as twenty-five (25) yards.
(Code 1972, § 13-18)
BELTON,
No local Air-gun ordinances listed.
BENBROOK,
Chapter 9.20 WEAPONS – Benbrook, Texas – Code of Ordinances
9.20.010 – Prohibited acts.
It is unlawful and an offense for any person to fire or shoot or cause to be fired or shot, any firearm, as that term is defined in this chapter, including any rifle, shotgun, automatic rifle, handgun, air rifle, BB gun, pellet gun or any weapon designed for the purpose of firing or discharging any shell or cartridge, whether such is blank or live, in any place within the corporate limits of the city, except as otherwise permitted for self-defense or other purposes under the laws of the state, or by the exceptions hereinafter set forth in this chapter.
(Ord. 991 § 1 (part), 1997)
BOERNE,
ARTICLE I. IN GENERAL – Boerne, Texas – Code of Ordinances
Sec. 15-1. – Discharge of firearms, pellet guns and explosive cartridges.
(a)
Firearms, discharge of. It shall hereafter be unlawful for any person to discharge or cause to be discharged any gun, pistol, rifle, shotgun or firearm of any kind designed for the purpose of discharging a shell or cartridge which is capable of propelling a bullet, pellet or missile, at any place within the corporate limits of the city; however, nothing contained in this section shall prohibit or interfere with duly qualified and commissioned peace officers in the performance of the official duties of their office or with the protection of a person’s private person or property in or about his home from discharging firearms.
(b)
Compressed air and spring guns, firing of. It shall be unlawful for any person to fire any gun or weapon which discharges a bullet, pellet or missile by means of compressed air or compressed gas, or to fire any gun or weapon capable of propelling or discharging a bullet, pellet, or missile by means of a spring. This section shall not prohibit the firing of BB guns by adults or minors under direct adult supervision who are on private property owned or occupied by the supervisor. For purposes of this section, a minor is a person younger than sixteen (16) years of age.
(c)
Exceptions. Nothing herein shall be construed to apply to the use of firearms in exhibitions of charitable contests conducted under conditions and supervision approved by the city council after application has been made to the city and a permit has been issued.
(d)
Penalty. Any person violating any of the provisions of this section or failing to observe any of the provisions hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not more than two hundred dollars ($200.00); and each violation shall be a separate offense.
(Ord. of 12-11-67, § 1; Ord. No. 90-14, §§ 1—4, 8-28-90)
State law reference— Regulation of firearms by municipalities, V.T.C.A., Local Government Code § 215.001.
BOWIE,
ARTICLE 13.300 CONDUCT IN PARKS – Bowie, Texas – Code of Ordinances
Sec 13.301 – Unlawful Acts.
Within the limits of any city park, including Selma Park, it shall be unlawful for any person to do any of the following acts except as may be otherwise provided:
(3)
To carry or discharge any firearm, firecrackers, rockets, torpedoes or any other fireworks, air guns, BB or pellet guns, bows and arrows or slingshots, or hit golf balls except in designated areas. Nothing in this section shall preclude the carrying of a firearm when in possession of a valid license holder as provided by the state law governing the right to carry any unloaded, unconcealed firearms for trade or sale during Second Monday Trade Days. The city manager or designee may authorize fireworks.
BRECKENRIDGE,
Chapter 14 OFFENSES AND MISCELLANEOUS PROVISIONS Breckenridge, Texas Code of Ordinances
Sec. 14-7. Firearms and air guns.
(a)
Definitions.
(1)
Firearms. Firearms shall be as defined in Section 46.01 of the Texas Penal Code, as currently written or as maybe amended, the current definition being any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
(2)
Air-guns. Air-guns shall be defined for purposes of this Code as any instrument which by means of compressed air, compressed gas, or springs is capable of propelling shots, pellets or any solid or semi-solid object and shall include, but not be limited to, air-guns, air rifles, air pistols, pellet guns, BB guns, or paint ball guns.
(b)
Discharging. It shall be unlawful for any person, except any law enforcement officer or animal control officers in the discharge of their duties and persons in defense of life or property, to fire or discharge a firearm or an air gun of any description within the corporate limits of the city.
(Ord. of 12-1-20, § 2; Ord. No. 10-1, § 1, 1-4-10)
Editor’s note—
Ord. No. 10-1, § 1, adopted Jan. 4, 2010, amended § 14-7 title to read as hereinset out. Former § 14-7 title pertained to similar subject matter.
Cross reference— Similar prohibition on Lake Daniel grounds, § 15-27; prohibited at sanitary landfill, § 10-43.
BRENHAM,
No local Air-gun ordinances listed.
BRIDGE CITY,
No local Air-gun ordinances listed.
BROWNSVILLE,
No local Air-gun ordinances listed.
BROWNWOOD,
No local Air-gun ordinances listed.
BRYAN,
ARTICLE I. IN GENERAL – Bryan, Texas – Code of Ordinances
Sec. 82-5. – Unlawful discharge of firearms, etc.
(a)
It shall be unlawful for a person to discharge within the city any firearm, air-gun, BB gun, toy gun, crossbow, or bow and arrow, projecting lead or any missiles with the following exceptions:
(1)
The discharge of a firearm, crossbow, or bow and arrow in a regularly established and properly supervised shooting range or gallery operating under a permit from the city;
(2)
The discharge of a firearm by an officer of the law in the performance of his or her duty;
(3)
The discharge of a firearm, air-gun, BB gun, toy gun, crossbow, or bow and arrow by a citizen when lawfully defending person or property; or
(4)
The discharge of an air-gun, BB gun, toy gun, crossbow, or bow and arrow by a citizen on his or her own property, provided such device is not fired into or onto another person’s property.
(b)
For purposes of this section, a “firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
(Code 1975, § 17-12; Code 1988, § 17-5)
BULLARD,
No local Air-gun ordinances listed.
BUNKER HILL VILLAGE,
No local Air-gun ordinances listed.
BURLESON,
ARTICLE I. IN GENERAL Burleson, Texas Code of Ordinances
Sec. 54-2. Discharging firearms, air guns, similar weapons, capable of propelling objects more than 50 feet.
It is unlawful for any person discharges any gun pistol or firearm of any kind, or who discharges an air rifle or air pistol of any description, by whatever name known, that, by means of compressed air, compressed gas, springs, or any other means is capable of discharging and propelling shots, pellets or any solid object for a distance of greater than 50 feet, within the corporate limits of this city. This section shall not apply to law enforcement officers in the discharge of their duties, nor to these user authorized by the zoning ordinance.
(Code 1983, § 12-9(a); Ord. No. B-316, §§ 1, 2, 4-14-1983; Ord. No. B-471, § I, 3-9-1989; Ord. No. B-565, § I, 11-16-1995)
State law reference— Discharge of firearms at sporting ranges, V.T.C.A., Local Government Code § 250.001.
Secs. 54-3—54-30. Reserved
BURNET,
ARTICLE I. IN GENERAL – Burnet, Texas – Code of Ordinances
Sec. 70-3. – Discharge of firearms.
(a)
[Generally.] It shall be unlawful for any person to fire off or discharge any gun, pistol, shotgun, rifle or other firearm of any description within the city limits of the city.
(b)
Discharge into the city. It shall be unlawful for any person to shoot or discharge any gun, pistol, shotgun, rifle or other firearm of any description into, over or through the city limits.
(d)
Air guns. It shall be unlawful for any person within the city to shoot or discharge an air gun, air rifle, B.B. gun, pellet gun, or similar instrument.
CARROLLTON,
OFFENSES AGAINST PUBLIC PEACE AND SAFETY – Carrollton, Texas – Code of Ordinances
Sec. 130.11. – Firearms and facsimile firearms regulated; defenses.
(A)
Definitions. For the purposes of this section, the following terms, words, and the derivations thereof shall have the meanings given herein:
Facsimile firearm. Any device that so closely appears to be a firearm in size, shape, color, or design that it (1) can only be differentiated from a firearm through close inspection, or (2) is likely to cause alarm by the general public.
Firearm. Any shotgun, rifle, pistol, BB gun, air rifle, bow, or other device or instrumentality capable of propelling bullets, shot, arrows, or other solid or compact substance, whether propelled by powder, fire, or other force or by combination of such forces.
(B)
Offenses.
(1)
It shall be unlawful for any person to shoot, explode, or discharge any firearm within the corporate limits of the city.
(2)
It shall be unlawful for any person to display or brandish a facsimile firearm in a public place within the corporate limits of the city.
(3)
It shall be unlawful for any person under 17 years of age to possess a facsimile firearm in a public place within the corporate limits of the city.
(4)
It shall be unlawful for any person to display or brandish a firearm or a facsimile firearm in any manner that causes alarm or reaction of any type by an officer or official of a public safety agency or a voluntary agency organized to deal with emergencies.
(C)
Defenses. It is a defense to prosecution under this section that the actor was engaged in any of the following:
(1)
The protection of persons or property as authorized by chapter 9 of the Texas Penal Code;
(2)
The enforcement of any state, federal, or local law by a legally authorized Peace Officer;
(3)
An activity or use authorized by the comprehensive zoning ordinances as adopted by reference in chapter 153 of this Code;
(4)
An event, performance, demonstration or ceremony authorized through the City of Carrollton permit process wherein the firearm or facsimile firearm is significant to the activity; or
(5)
An event, performance, demonstration or ceremony sponsored and conducted by a subdivision of federal, state or local government or school district wherein the firearm or facsimile firearm is significant to the activity.
(D)
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this section.
(’65 Code, § 10-3) (Ord. 261, passed 12-16-63; Am. Ord. 1615, passed 2-20-90; Am. Ord. 2742, passed 11-19-02)
Cross reference— Penalty, § 10.99.
CARTHAGE,
Chapter 38 OFFENSES AND MISCELLANEOUS PROVISIONS – Carthage, Texas – Code of Ordinances
Sec. 38-8. – Discharge of air rifles.
(a)
The term “air rifle” means air rifle, air pistol of any description (by whatever name known) and any other type of gun which uses compressed air, gas, a compressed spring, or any other means to discharge shots, pellets, or any projectile of any kind at any velocity, and includes a BB gun.
(b)
It is unlawful for any person to discharge or shoot an air rifle within the city, except that BB guns may be shot or discharged by a person if the point of such discharge is not within the right-of-way of any public street, road or highway, and is not within 2,000 feet of any structure located either within or without the city, and if the discharged projectile does not penetrate or cross any public street, road or highway located either within or without the city.
CASTLE HILLS,
ARTICLE V. OFFENSES AGAINST PUBLIC HEALTH AND SAFETY – Castle Hills, Texas – Code of Ordinances
Sec. 28-95. Discharge of weapons.
(a)
Firearms. It shall be unlawful to discharge any gun, rifle, pistol, or firearm of any kind within the limits of the city.
(b)
Air-guns. It shall be unlawful to discharge any air gun, air rifle, or air pistol of any description (by whatever name known) that by means of compressed air, compressed gas, springs, or any other means is capable of discharging shots, pellets, or any solid object at any velocity, anywhere within the limits of the city.
(c)
Exception for indoor ranges; permit required. The city council may grant a permit, after a public hearing based upon specific plans submitted to it, for indoor rifle and pistol ranges for instruction and target practice, provided use of same is limited to .22 caliber ammunition, is fully enclosed, is insulated against sound, incorporates approved safety features, and is operated only with a qualified instructor or range officer in attendance. Indoor ranges must meet all other requirements of this Code, including, without limitation, business licensing and zoning requirements.
(Code 1982, §§ 10.101, 10.201, 10.301; Code 1995, §§ 10.101, 10.201, 10.301; Ord. No. 108, 11-15-1960)
CASTROVILLE,
ARTICLE I. IN GENERAL – Castroville, Texas – Code of Ordinances
Sec. 78-3. – Discharge of weapon; penalty.
(a)
It shall be unlawful for any person, other than a peace officer in the discharge of his duties, to discharge any gun, pistol or firearm of any kind, or discharge an air rifle or air pistol of any description, by whatever name known, within the corporate limits of the city.
(b)
Any person who shall violate any of the provisions of this section shall, upon conviction therefore, be subject to a fine as provided in section 1-4
(Ord. No. 131, §§ 2, 3, 3-8-77)
CEDAR HILL,
Sec. 14-43. – Unlawful to permit, etc., discharge, etc., within one thousand feet of residence, etc.
It shall be unlawful for any person who is the owner or occupier of land within the corporate limits of the city to permit, authorize, or otherwise allow any person to discharge an air rifle or gun, pellet rifle or gun, BB rifle or gun, or to launch any missile or projectile within one thousand (1,000) feet of any residential, manufacturing, or commercial structure.
(Code 1976, § 12-25.3; Ord. No. 79-512, § 3, 1-23-79)
Sec. 14-44. – Unlawful to discharge or launch bullet, pellet, BB, etc.
It shall be unlawful for any person to damage any property, public or private, within the corporate limits of the city by the discharge or launching of any bullet, pellet, BB, missile, explosive device, or other projectile.
(Code 1976, § 12-25.4; Ord. No. 79-512, § 4, 1-23-79)
CHILDRESS,
DIVISION 2. FIREARMS – Childress, Texas – Code of Ordinances
Sec. 32-46. – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Gun, pistol, rifle and firearm shall not only be defined as to include all percussion weapons, but shall also include air guns, air pistols, air rifles and all other firearms using air pressure to propel a projectile.
(Ord. No. 772, § I(c)—(e), 2-22-1996)
Sec. 32-47. – Possession in city buildings and discharge in city limits prohibited.
(a)
It shall be unlawful for any person, other than a peace officer, to carry a concealed handgun in any city building, regardless of whether or not the person is duly licensed by the state to carry a concealed handgun.
(b)
It shall be unlawful for any person to discharge any BB gun, pellet gun, gun, pistol, rifle, or firearm of any kind within the city limits, except within a properly secured indoor firearms range, constructed and maintained in accord with National Rifle Association specifications and standards or upon a range owned and operated by a governmental entity.
(c)
This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, nor to prohibit any citizen from discharging a firearm when lawfully defending person or property.
(Code 1992, § 14-3; Ord. No. 379, §§ 1, 2, 1-24-1951; Ord. No. 772, § I(a), (b), (f), (g), 2-22-1996)
State law reference— Municipal authority to regulate discharge of firearms, V.T.C.A., Local Government Code § 229.002; discharge of firearm as disorderly conduct, V.T.C.A., Penal Code § 42.01.
ARTICLE I. IN GENERAL – Childress, Texas – Code of Ordinances
Sec. 36-8. – Firearms.
It is illegal:
(1)
To carry a concealed handgun in a city park, except by those persons who are duly licensed by this state to carry a concealed handgun in accordance with state law.
(2)
To discharge firearms (unless specifically permitted by state law), fireworks, air guns, bows and arrows, slingshots or any device which would or could project any object which would or could create a fire hazard or any hazard or danger to the public, except with written approval of the parks and recreation director or other authorized employee of the city.
(Ord. No. 772, § II, 2-22-1996)
State law reference— Authority for municipal regulation of firearms, V.T.C.A., Local Government Code § 229.001.
CIBOLO,
ARTICLE III. REGULATIONS AND PROHIBITED CONDUCT – Cibolo, Texas – Code of Ordinances
Sec. 50-22. – Firearms.
(a)
Definition.
“Firearms” means gun, pistol, revolver, pellet gun, bb gun, air gun, shotgun, rifle, bow and arrow, cross bow or any other weapon.
(b)
It shall be unlawful for any person to discharge any firearm, with the exception of a bow and arrow, within an area of the city limits annexed prior to September 1, 1981; provided, that this section shall not be so construed as to prohibit the discharge of firearms:
(1)
In any activity or by any person considered within the class of exemptions applicable under state statutes;
(2)
In exhibitions of charitable contests conducted under conditions and supervision approved by the city council after application has been made to the city and permit has been issued;
(3)
By duly qualified and commissioned peace officers in the performance of the official duties of their office;
(4)
For the protection of a person or property in or about his home in accordance with the laws of the state; or
(5)
For hunting provided the discharge of the firearm complies with all of the following conditions:
a.
Shotguns only;
b.
Must be fired during legal hunting season by one properly licensed for hunting in the state;
c.
Must be fired by an adult or a minor under the direct visual supervision of an adult;
d.
Must be fired from private property owned or legally occupied by the adult hunter or a supervisor of the hunting minor;
e.
The property on which the discharge occurs must be no less than 25 acres in size;
f.
The discharge shall not be closer than 300 feet from a public road, public right-of-way, or property line of another or any dwelling; and
g.
The bullet or projectile shall not exit the boundaries of the private property described in subsection (b)(5)e. of this section.
(c)
It shall be unlawful for any person to discharge a firearm within the extraterritorial jurisdiction or in an area annexed after September 1, 1981; provided, that this section shall not be so construed as to prohibit the discharge of firearms as follows:
(1)
The firearm is a shotgun, air rifle or pistol, bb gun, or bow and arrow; and:
a.
Discharged on a tract of land of ten acres or more;
b.
Discharged more than 150 feet from a residence or occupied building located on another property; and
c.
In a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
(2)
The firearm is a center fire or rim fire rifle or pistol of any caliber:
a.
Discharged on a tract of land of 50 acres or more;
b.
More than 300 feet from a residence or occupied building located on another property; and
c.
In a manner not reasonably expected to cause a projectile to cross the boundary of the tract.
(3)
In any activity or by any person considered within the class of exemptions applicable under state statutes;
(4)
In exhibitions of charitable contests conducted under conditions and supervision approved by the city council after application has been made to the city and permit has been issued;
(5)
By duly qualified and commissioned peace officers in the performance of the official duties of their office; or
(6)
For the protection of a person or property in or about his home in accordance with the laws of the state.
(d)
Any person who violates the provisions of this section shall be deemed guilty of a class C misdemeanor, and upon conviction thereof, shall be fined in any sum not to exceed $500.00.
(Ord. No. 610, §§ 1—3, 7-8-2003; Ord. No. 995, § 1, 9-27-2011)
CLEAR LAKE SHORES,
ARTICLE III. WEAPONS – Clear Lake Shores, Texas – Code of Ordinances
Sec. 50-50. – Discharging weapons prohibited.
Any person who discharges any gun, pistol or firearm of any kind, or who discharges an air rifle or air pistol of any description, by whatever name known that by means of compressed air, compressed gas, springs, or any other means is capable of discharging shots, pellets, or any solid object at a velocity in excess of 300 feet per second, or discharges any cannon cracker, or torpedo on or across any public square, street, or alley of the city of within 100 yards of any business or residence within the city, shall be guilty of a misdemeanor. The term “cannon cracker” is a combustible package more than two inches long and more than one-half inch through.
(Code 1999, § 9.08.010)
State law reference— Municipality may regulate discharge of firearms, V.T.C.A., Local Government Code § 229.001(b)(2).
ARTICLE V. CITY PARKS – Clear Lake Shores, Texas – Code of Ordinances
Sec. 66-138. – Prohibited acts.
(a)
Unlawful activities. It is unlawful for any person in a public park or recreation area to:
(2)
Any rifle, shotgun, BB gun, air-gun, spring gun, slingshot, bow, or other weapon in which the propelling force is gunpowder, a spring or air.
CLEVELAND,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
CLUTE,
ARTICLE I. IN GENERAL – Clute, Texas – Code of Ordinances
Sec. 78-1. – Weapons.
(a)
Discharge of firearms. It shall be unlawful for any person to discharge any gun, pistol or firearm of any kind within the city.
(b)
Affirmative defenses. It shall be an affirmative defense to any prosecution under subsection (a) of this section if:
(1)
The actor is a peace officer engaged in the lawful discharge of his official duties;
(2)
The actor is engaged in the lawful defense of his person or property; or
(3)
The actor is a participant in a turkey shoot or other similar activity for the conducting of which the chief of police has issued a written permit pursuant to subsection (c) of this section.
(d)
Discharge of air guns or spring guns. It shall be unlawful for any person to discharge an air rifle or air pistol of any description, by whatever name known, that by means of compressed air, compressed gas, springs or any other means is capable of discharging shots, pellets or any solid object at a velocity of 300 feet per second or any greater velocity.
(e)
Discharge of paint ball guns. It shall be unlawful for any person to discharge an air rifle or air pistol of any description, by whatever name known, that by means of compressed air, compressed gas, or any other means discharges a ball or other projectile containing paint in any public park within the city.
(f)
Affirmative defense. It shall be an affirmative defense to any prosecution under subsection (f) of this section the actor is a participant in a special event sponsored by either the city’s park board or the Great Texas Mosquito Festival Board or another special event approved by the city council.
(Code 1976, §§ 14-1, 14-2; Ord. No. 97-16, §§ 1—3, 11-13-97; Ord. No. 2004-8, § 1, 4-22-04)
COLLEGE STATION,
Chapter 1 GENERAL PROVISIONS College Station, Texas Code of Ordinances
N.
Firearms and air guns.
It shall be unlawful for any person to carry on or about his person or discharge any gun, pistol, or firearms of any kind, including air guns, within or across any park or recreation area not designated for that purpose.
COLLEYVILLE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
COMMERCE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
CONROE,
ARTICLE I. IN GENERAL Conroe, Texas Code of Ordinances
Sec. 46-4. Same—Discharging air gun in public or private places.
(a)
It shall hereafter be unlawful for any person to shoot or discharge any air gun or air rifle of any kind, character or description in, or on, or across, or near to any public place, park, street, alley or across any private property used by other persons for residential purposes within the corporate limits of the city.
(b)
This section shall not apply when such firing is done in the necessary and lawful protection of one’s personal property or premises, unless such firing is recklessly or negligently done.
(Code 1966, § 11-8)
CONVERSE,
DIVISION 3. FIREARMS Converse, Texas Code of Ordinances
Sec. 24-71. Air rifle or pistol, BB gun, or bow and arrow.
It shall be unlawful for any person to discharge, or cause to be discharged, any air rifle or pistol, BB gun, or bow and arrow in a manner that permits the projectile to cross the boundary of the tract of property, or without permission of the property owner. Additionally, it shall be unlawful for any person under the age of 17 to discharge any air rifle or pistol, BB gun, or bow and arrow within the city limits or the city’s extra territorial jurisdiction without adult supervision.
(Ord. No. 708, § III, 8-16-2005)
State law reference— Authority to regulate discharge of firearms, V.T.C.A., Local Government Code § 229.001(b)(2).
COPPELL,
ARTICLE 9-3. FIREARMS Coppell, Texas Code of Ordinances
Sec. 9-3-1. Regulation of firearms.
A.
Discharging firearms unlawful. It shall be unlawful for any person to fire, discharge or shoot, or cause to be fired or shot any handgun, BB gun, air rifle, air gun, pellet gun, bow, firearm, rifle, shotgun, automatic rifle, revolver, pistol or any other device designed for the purpose of firing or discharging a shell, cartridge, or any other solid or compact substance, whether propelled by burning, fire, explosion, compressed air, compressed gas, or mechanical springs, regardless if the object or substance is blank or live ammunition within the corporate limits of the city; provided however, this section shall not apply to persons who discharge, shoot or fire a pistol, rifle or any other device capable of discharging a solid projectile by mechanical springs as long as the person is within the legal boundaries of their own property and the projectile does not exit outside the boundaries of said property.
COPPERAS COVE,
ARTICLE I. IN GENERAL Copperas Cove, Texas Code of Ordinances
Sec. 13-2. Use and discharge of firearms on certain properties within the city.
(a)
Definition. “Firearms” means gun, pistol, revolver, pellet gun, bb gun, air gun, shotgun, rifle, bow and arrow, cross bow or any other weapon.
(b)
It shall be unlawful for any person to discharge any firearm, within an area of the city limits annexed prior to September 1, 1981; provided, that this section shall not be so construed as to prohibit the discharge of firearms:
(1)
In any activity or by any person considered within the class of exemptions applicable under state statutes;
(2)
In exhibitions, contests, or demonstrations conducted under conditions and supervision approved by the city council after application has been made to the city and permit has been issued;
(3)
By duly qualified and commissioned peace officers in the performance of the official duties of their office;
(4)
For the protection of a person or property in or about his home in accordance with the laws of the state; or
(c)
It shall be unlawful for any person to discharge a firearm within an area annexed after September 1, 1981; provided, that this section shall not be so construed as to prohibit the discharge of firearms as follows:
(1)
The firearm is a shotgun, air rifle or pistol, BB gun, or bow and arrow; and
a.
Discharged on a tract of land of ten (10) acres or more;
b.
Discharged more than one hundred fifty (150) feet from a residence or occupied building located on another property; and
c.
In a manner not reasonably expected to cause a projectile to cross the boundary of the tract;
CORPUS CHRISTI,
ARTICLE IV. WEAPONS Corpus Christi, Texas Code of Ordinances
Sec. 33-76. Discharging air-operated arms.
It shall be unlawful for any person to shoot or discharge any air gun or air rifle or B gun, of any description, within the city.
(Code 1958, § 39-9)
CORSICANA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
CROWLEY,
ARTICLE I. IN GENERAL Crowley, Texas Code of Ordinances
Sec. 54-1. Discharge of firearms; penalty for violation of section.
(a)
No person, other than a licensed police officer, acting within the course and scope of his duties as a police officer, shall discharge or cause to be discharged any gun, pistol, rifle or firearm of any kind, within the corporate limits of the city.
(b)
No person, other than a licensed police officer, acting within the course and scope of his duties as a police officer, shall discharge, or cause to be discharged, within the corporate limits of the city, any air rifle, air gun or air pistol of any kind or description, by whatever name it is known, which by means of compressed air, compressed gas, springs or any other means is capable of discharging and propelling shots, pellets or any solid object for a distance greater than 50 feet.
(c)
Practice firing by police officers and law enforcement personnel at the police firing range is permitted.
(d)
Any person who shall violate any provision of this section shall be deemed guilty of an offense and, upon conviction, shall be fined in a sum not to exceed $500.00.
(Code 1980, ch. 1, § 17; Code 1999, § 58-1; Ord. No. 472, §§ I, II, 1-3-1991)
ARTICLE III. RULES AND REGULATIONS Crowley, Texas Code of Ordinances
Sec. 58-56. Conduct of persons within park.
The purpose of this article is to preserve the environmental features of the city, allow more efficient park refuse collection, more effective and unhampered custodial care of the premises, and protect the health and welfare of the citizens of the city.
(4)
Recreational activities; hunting and firearms. It shall be unlawful for any person to carry or possess at any time unlicensed firearms of any description, or air rifles, spring guns, bows and arrows, slings, or any instrument that can be loaded with and fire blanks, cartridges, or any kind of trapping device. Shooting into, out of or in park areas is prohibited. This section shall not apply to any law enforcement officers while in performance of their duties or as provided by federal or state law.
CRYSTAL CITY,
ARTICLE I. IN GENERAL – Crystal City, Texas – Code of Ordinances
Sec. 34-1. – Firearms and air guns.
It shall be unlawful for any person to discharge or shoot any gun, pistol or firearm of any kind in or on private premises, or any air gun or air rifle or air pistol of any description, by whatever name known, that by means of compressed air, compressed gas, springs or any other means is capable of discharging shots, pellets or any solid object.
(Code 1959, § 22.1; Code 1986, § 20-1)
DAINGERFIELD,
ARTICLE 7.600. DISCHARGE OF FIREARMS Daingerfield, Texas Code of Ordinances
ARTICLE 7.600. DISCHARGE OF FIREARMS
It shall be unlawful for any person to discharge any gun of any caliber, gauge or size, whether a rifle, pistol, shotgun, BB gun, or pellet gun which is discharged by the use of gunpowder or other explosives and a detonating cap, compressed air or compressed gas (CO-2), within the city. This section shall not apply to any police officer in the discharge of his official duties.
(Code 1970, § 11-6; Ordinance adopting Code)
County of
DALLAS,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
DECATUR,
ARTICLE II. PARK RULES Decatur, Texas Code of Ordinances
Sec. 8-56. Prohibited acts.
It shall be unlawful for any person to either perform or permit to be performed any of the following acts:
(8)
Possess, bring into to discharge in a park any firearm, air- or gas-operated gun, bow, crossbow or other missile-throwing device.
DEER PARK,
ARTICLE IV. SKEET CLUBS; SHOOTING GALLERIES; BB GUN AND TRAP RANGES – Deer Park, Texas – Code of Ordinances
Sec. 22-91. – Definitions
Firearm means any gun, shotgun, pistol, air-gun or air pistol, pellet gun, pellet pistol or any other firearm, gun or pistol capable of propelling shot, bullets, pellets or projectiles of any kind.
Skeet clubs means open premises where shotguns are used in target practice by shooting clay pigeons ejected by machines or hand, to simulate flight. Trap shooting clubs and BB gun outdoor ranges are considered as skeet clubs and shall be subject to the same regulations.
(Code 1991, § 13-71)
Cross reference— Definitions generally, § 1-2.
Sec. 22-92. – License—Required; application; fee; duration.
(a)
It shall be unlawful for any person to establish, maintain or operate, within the city, a skeet club, BB gun range, or shooting gallery without having first secured a license to do so from the chief of police.
ARTICLE II. WEAPONS AND EXPLOSIVES – Deer Park, Texas – Code of Ordinances
Sec. 62-31. – Discharge of firearms, bows and arrows, etc.
It shall be unlawful for any person, except peace officers or any person at the direction of a peace officer, to discharge any gun, pistol or other firearm of any description or shoot an air-gun, air pistol, arrow or bow and arrow, by whatever means within the city, except in places licensed therefor and while lawfully shooting therein.
(Code 1991, § 17-2)
DEL RIO,
DIVISION 3. RECREATIONAL ACTIVITIES – Del Rio, Texas – Code of Ordinances
Sec. 19.5-42. – Firearms and weapons prohibited.
It shall be unlawful for any person in a park to use, carry or possess firearms of any description, or air rifles, spring guns, bow-and-arrows, slings or any other forms of weapons potentially inimical to wild life and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device.
(Ord. No. 83-17, § 1(15-108), 4-26-83)
Cross reference— Discharge of firearms generally, § 19-2.
Chapter 1 GENERAL PROVISIONS – Del Rio, Texas – Code of Ordinances
Firearms. Wherever the term “firearms” is used in this Code, the term shall mean any instrument used in the propulsion of shot, shell or bullets or other harmful objects by the action of gunpowder exploded within it, or by the action of compressed air within it, or by the power of springs and including what are commonly known as air rifles and BB guns.
DENISON,
ARTICLE I. IN GENERAL Denison, Texas Code of Ordinances
Sec. 11-3. Air-guns, discharge prohibited.
It shall be unlawful for any person to shoot or discharge any BB gun, air-gun or air rifle of any description within the city.
(Code 1965, § 16-4)
DENTON,
ARTICLE II. PARK RULES – Denton, Texas – Code of Ordinances
Sec. 22-31. – Prohibited acts.
It shall be unlawful for any person to either perform or permit to be performed any of the following acts:
(8)
Possess, bring into to discharge in a park any firearm, air- or gas-operated gun, bow, crossbow or other missile throwing device;
DICKINSON,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
DUBLIN,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
DUMAS,
ARTICLE I. IN GENERAL – Dumas, Texas – Code of Ordinances
Sec. 50-2. – Discharge of dangerous weapons.
It is unlawful for any person to discharge any gun, pistol or firearm of any kind, or to discharge an air rifle or air pistol of any description, by whatever name known, that, by means of compressed air, compressed gas, springs, or any other means is capable of discharging shots, pellets, or any solid object at a velocity in excess of 300 feet per second, or discharges any cannon cracker or torpedo on or across any public square, street, or alley of the city or within 100 yards of any business or house within the city. For purposes of this section, the term “cannon cracker” means any combustible package more than two inches long and more than one inch through.
(Code 1967, § 16-10)
State law reference— Discharging a firearm, V.T.C.A., Penal Code § 42.01(a)(9)(11).
DUNCANVILLE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
EAGLE PASS,
ARTICLE I. OFFENSES Eagle Pass, Texas Code of Ordinances
Sec. 19-16. Discharge of air guns and miscellaneous weapons prohibited.
It shall be unlawful to discharge any BB gun, air gun, air rifle, bowstring, slingshot, or air pistol of any description and by whatever name known, that by means of compressed air, compressed gas, springs, sling, bow and arrow, or any other means is capable of propelling or discharging any shot, pellet, slug, arrow, or any solid object at any velocity, anywhere within the limits of the city.
(Ord. No. 67-06, 3-7-1967)
EARLY,
ARTICLE I. IN GENERAL – Early, Texas – Code of Ordinances
Sec. 16-1. – Discharge of firearms, projectiles.
It shall be unlawful for any person to discharge or fire any gun, pistol or firearm of any kind, or to discharge an air rifle, air pistol or BB gun, of any description, by whatever name known, which may discharge a projectile by means of compressed air, gas, springs or any other type of mechanical device within the city limits.
(Ord. No. 49, § 1, 7-14-64)
EASTLAND,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
EL CAMPO,
ARTICLE I. IN GENERAL – El Campo, Texas – Code of Ordinances
Sec. 26-3. – Discharging firearms prohibited.
It shall be unlawful for any person to discharge any gun, pistol or firearm of any kind or to discharge any air rifle or air pistol of any description whatever by whatever name known, either by means of compressed air, compressed gas, pumps, or any other means capable of discharging shots, pellets, or any solid object at any velocity in excess of 300 feet per second within the city limits of the city.
(Code 1988, ch. 7, § 6.00; Ord. No. 1983-18, 9-26-1983)
State law reference— Authority of municipality to regulate the discharge of firearms, V.T.C.A., Local Government Code § 217.003.
EL LAGO,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
EL PASO,
Chapter 13.24 CITY PARKS AND RECREATION AREAS El Paso, Texas Code of Ordinances
13.24.070 Dangerous amusements.
A.
No person shall have within any city park any air rifle, pellet or b.b. gun, spring gun, bows and arrows, instruments capable of throwing a projectile, or possess any firearm, or throw or launch any stone, hard ball, remote control airplane, or other object likely to inflict injury; or drive any golf ball. No person may use roller-skates, inline skates, bicycle, skateboard or any similar device in areas in which the director has posted a sign prohibiting such activities. This section does not apply to acts done in an area designated by the city for such purpose or to a person who is licensed to carry and lawfully carrying a concealed handgun under Subchapter H, Chapter 411, Government Code and Chapter 46, Penal Code.
B.
No person shall possess a handgun except as provided in City Code Section 10.12.020
(Ord. No. 17845, § 1, 7-31-2012)
ENNIS,
ARTICLE I. IN GENERAL – Ennis, Texas – Code of Ordinances
Sec. 12-3. – Use of air guns, etc., prohibited.
It shall be unlawful for any person to shoot any air gun or such like device, or to hurl or throw missiles or implements, having spring, rubber, air or other motive power, within the city.
(Code 1966, § 19-3)
EULESS,
DIVISION 1. GENERALLY Euless, Texas Code of Ordinances
Sec. 50-26. Discharging weapons.
(a)
Definitions. As used in this section, the following terms shall have the respective meanings ascribed to them:
Air gun means any weapon discharged and fired by means of forced air and shall be held to include, but is not limited to, the following: air rifles, air guns, air pistols, BB guns and other similar air-propelled weapons.
Firearm means any weapon from which a shot is discharged by an explosion and shall include, but is not limited to, the following: pistols, rifles, shotguns, sawed-off shotguns, machine guns, tear gas guns and other such similar weapons.
Pellet gun means any firearm, gun or weapon which fires or discharges a pellet, shot, ball or cartridge.
Spring gun means any spring-operated gun or weapon which fires or discharges a shot, cartridge, ball, pellet or other projectile.
Zip gun means any weapon made or constructed generally of pipe or tubing and operated or discharged by rubber or elastic force.
(b)
Prohibited; exceptions. The firing, shooting, setting off or discharging of any firearm, air gun, pellet gun, spring gun, zip gun or other such weapon is prohibited within the city, except:
(1)
By action of official and/or duly authorized police and peace officers engaged in the performance of duty or training; or
(2)
By other persons in the time, place and manner expressly authorized by the city council under the terms of any specific use permit issued pursuant to the terms of the comprehensive zoning code of the city, chapter 94
(Code 1974, §§ 11-13, 11-14)
DIVISION 3. REGULATIONS Euless, Texas Code of Ordinances
Sec. 54-115. Prohibited activities.
The following actions are prohibited in all parks and recreational facilities of the city:
(a)
Weapons. The possession or use of a firearm, pellet gun, air soft gun, paintball gun, bows and arrows, slingshots or any device capable of projecting any object which would or could create injury to another or wildlife or is otherwise considered a potential danger to the public; provided however, such prohibition shall not apply to the carrying of handguns by duly licensed peace officers or holders of valid concealed handgun permits or by special permit or prior written approval by the director of parks and community services and chief of police.
FARMERS BRANCH,
ARTICLE I. IN GENERAL Farmers Branch, Texas Code of Ordinances
Firearm. Any shotgun, rifle, pistol, bb gun, air rifle, air gun, bow, or other device or instrumentality capable of propelling bullets, shots, arrows, or other solid compact substance, whether propelled by powder, fire, or other force or by combination of such forces.
FARMERSVILLE,
DIVISION 2. DISCHARGE OF WEAPONS Farmersville, Texas Code of Ordinances
Sec. 47-44. Definitions
Firearm or gun means a weapon capable of discharging a projectile by means of an explosive charge, including, without limitation, a rifle, pistol, shotgun or any other type of firearm; but not including an air pistol or air rifle incapable of discharging a projectile at a muzzle speed in excess of 300 feet per second.
FATE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
FLOWER MOUND,
DIVISION 2. FIREARMS Flower Mound, Texas Code of Ordinances
Sec. 50-51. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air rifle, BB gun and pellet gun means any device designed to expel a projectile through a barrel using the energy generated by a compression of gases or that is generated by the release of a coiled spring.
FOREST HILL,
ARTICLE I. IN GENERAL – Forest Hill, Texas – Code of Ordinances
Sec. 86-2. – Discharge of firearms.
It shall be unlawful for any person to discharge any gun, pistol or firearm of any kind, or to discharge an air rifle or air pistol of any description, by whatever name known, that operates by means of compressed air, compressed gas, springs, or any other means which is capable of discharging shots, pellets, or any solid object at a velocity in excess of 300 feet per second, or discharges any cannon cracker or torpedo on, across or within 500 feet of any public square, street or alley or within 300 feet of any business establishment, in the city. A “cannon cracker” is any combustible package more than two inches long and more than one inch through.
FORT STOCKTON,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
FREDERICKSBURG,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
FRIENDSWOOD,
ARTICLE I. IN GENERAL Friendswood, Texas Code of Ordinances
Sec. 54-1. Discharging firearms; penalty.
(a)
It shall be unlawful for any person to discharge any gun, pistol or other firearm, or any air rifle or air pistol, of any description, within the corporate boundaries of the city. This section shall not be construed to prohibit an officer of the law from discharging a firearm in the performance of his duty, nor to any citizen from discharging a firearm when lawfully defending persons or property. Provided, however, that the provisions of this section shall not be applicable to the discharge of firearms at bona fide gun clubs lawfully operating pursuant to the city zoning ordinance (appendix C to this Code).
(b)
Any person who discharges any gun, pistol or other firearm, or any air rifle or air pistol of any description, by whatsoever name known, in violation of the provisions of this section shall, upon conviction, be fined pursuant to section 1-14
(Code 1974, § 12-1; Ord. No. 91-28, §§ 1, 2, 10-21-1991; Code 1994, § 54-1)
State law reference— Municipal authority to regulate discharge of firearms in municipal limits, V.T.C.A., Local Government Code § 229.001(b); firearms, V.T.C.A., Local Government Code § 229.001; offense of discharging weapons, V.T.C.A., Penal Code § 42.01(9)—(11).
DIVISION 3. USE REGULATIONS Friendswood, Texas Code of Ordinances
Sec. 58-85. Possession or discharge of weapons prohibited.
It shall be unlawful for any person, other than a person licensed to carry a concealed handgun under V.T.C.A., Government Code ch. 411, subch. H, to carry or possess any firearm of any description, air rifle, spring gun, bow and arrow, sling, or any other form of weapon potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device within a park. Discharging any weapons within park areas or into park areas from beyond park boundaries is unlawful and strictly prohibited.
(Code 1974, § 13-47; Code 1994, § 58-58; Ord. No. 2013-21, § 2, 7-1-2013)
Cross reference— Offenses and miscellaneous provisions, ch. 54.
FULTON,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
GAINESVILLE,
ARTICLE I. IN GENERAL Gainesville, Texas Code of Ordinances
Sec. 13-10. Discharging air guns.
It shall be unlawful for any person to shoot or discharge any air gun within the city.
(Code 1970, § 18-17)
GALVESTON,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
GEORGE WEST,
ARTICLE II. WEAPONS REGULATION – George West, Texas – Code of Ordinances
Sec. 32-24. – Discharge of weapons prohibited.
(a)
Subject to the exceptions set forth in this article, it shall be unlawful for any person to discharge, or cause to be discharged, any firearm at any place within the city limits.
(b)
Subject to the exception set forth in this article, it shall be unlawful for any person to discharge or cause to be discharged any BB gun, pellet gun, or paintball gun operated by compressed air or compressed gas, or any spring-powered firearm at any place within the city limits.
(c)
This section shall not prohibit the firing of a BB gun, pellet gun, or paintball gun by an adult or by a minor under the direct visual supervision of an adult, so long as such discharge occurs on private property owned or lawfully occupied by the supervising adult, and as long as the discharge projectile does not exit the boundaries of such private property.
State law reference— Discharge of firearm as disorderly conduct, V.T.C.A., Penal Code § 42.01.
GEORGETOWN,
CHAPTER 9.08. WEAPONS – Georgetown, Texas – Code of Ordinances
Sec. 9.08.010. – Definitions.
“Air powered weapon” means any BB rifle or BB gun, pellet gun, air gun, paint ball gun, spear gun, wrist rocket and/or slingshot of any description.
“Archery device” means any bow, compound bow, long bow, cross bow, cross bow pistol or any other device capable of firing an arrow or bolt.
“Firearm” means any pistol, handgun, rifle or shotgun that fires a projectile through the combustion of gunpowder or other propellant.
“Indoor archery range” means a room, place, or enclosure equipped with targets for practice with a bow, compound bow, cross bow, cross bow pistol or any other device capable of firing an arrow or bolt.
“Indoor firing range” means a room, place, or enclosure equipped with targets for practice with any BB gun, pellet gun, air rifle or pistol, gun, pistol, or firearm of any description.
TABLE OF AMENDMENTS – Georgetown, Texas – Code of Ordinances
2003-35 Amends § 9.08.010, discharge of BB guns, pellet guns, air guns, paint ball guns, spear guns, wrist rockets and/or slingshots and engagement in archery; Repeals § 12.20.060 B., prohibited practices; Adds § 12.24.060 I., contents of application for special event permit; Adds § 12.24.080 H., application for permit—issuance 9.08, 12.20, 12.24
GRAHAM,
ARTICLE I. IN GENERAL – Graham, Texas – Code of Ordinances
Sec. 16-11. – Shooting BB guns, air guns, etc.; throwing stones or other missiles.
It shall be unlawful for any person to shoot any BB gun, air gun or pellet gun or arrow or throw or propel any rock, stone, stick or other missile over or across any street, alley or other property not belonging to the person so doing.
GRAND PRAIRIE,
ARTICLE I. IN GENERAL Grand Prairie, Texas Code of Ordinances
Sec. 17-20. Discharge of air rifles; sale of weapons and devices to minors.
(a)
It shall be unlawful for any person to discharge or fire, on, onto, or across any public street, park, alley, or public place, or any other property not under the control of actor, any air rifle, air gun, BB gun, or other air, gas, or tension propelled weapon of any description, which is capable of discharging a wad, pellet, missile, arrow, or other object likely to produce bodily injury or property damage. Nothing herein is intended to prohibit such activities under adult supervision if wholly restricted to property under the control of the adult supervisor.
(b)
It shall be unlawful for any person to sell any of the items listed in subsection (a) above or any weapon or device designated for offense or defense or for martial arts such as, but not limited to, throwing stars, throwing knives, nunchakus, studded bracelets, studded gloves or studded partial gloves to any person under the age of eighteen (18) unless such minor is accompanied by and with the express permission of the minor’s parent or guardian.
(Code 1964, Amended, § 19.11.1; Ord. No. 3786, § 1, 5-21-85; Ord. No. 6077, § 1, 6-1-99)
ARTICLE I. IN GENERAL Grand Prairie, Texas Code of Ordinances
GRANITE SHOALS,
ARTICLE II. FIREARMS Granite Shoals, Texas Code of Ordinances
Sec. 24-19. Unlawful discharge.
(a)
It shall be unlawful for any person to fire or shoot or cause to be fired or shot any firearm, rifle, shot gun, automatic rifle, revolver, pistol, air gun, bow and arrow or any other weapon designed for the purpose of discharging or firing a shell or cartridge within the corporate limits of the city.
GRAPEVINE,
ARTICLE I. IN GENERAL Grapevine, Texas Code of Ordinances
Sec. 15-1. Firearms and similar weapons—Definition.
As used in sections 15-2 and 15-3 “firearm” means any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use, including but not limited to a rifle, pistol, shotgun, air rifle, pellet gun, BB gun, air gun.
(Ord. No. 75-17, § 1, 5-20-75)
Sec. 15-2. Same—Conditions to discharge.
It shall be unlawful for any person to discharge or fire off any firearm within the city except as follows:
(1)
Firing or discharging of a firearm in a shooting gallery that is operating in accordance with all applicable state and federal laws and city ordinances.
(2)
Firing or discharging of an air gun on property owned by the party firing the air gun and his immediate family, provided that the discharge is no closer than 150 feet from any structure, except that of the owner, used for human habitation. Nothing contained in this exception shall permit the discharging of an air gun whereby the projectile falls on the land of another.
GROVES,
ARTICLE I. IN GENERAL – Groves, Texas – Code of Ordinances
Sec. 16-10. – Dangerous weapons—Discharge.
Any person who discharges an air rifle or air pistol of any description, by whatever name known that by means of compressed air, compressed gas, springs, or any other means is capable of discharging shots, pellets, or any solid object at a velocity in excess of three hundred (300) feet per second, or discharges any cannon cracker, or torpedo on or across any public square, street, or alley of the city or within one hundred (100) yards of any business house within the city shall be fined not more than one hundred dollars ($100.00). A “cannon cracker” is any combustible package more than two (2) inches long and more than one (1) inch through.
(Ord. No. 87-11, § 2, 3-9-87)
State law reference— Similar state law, V.T.C.A., Penal Code § 42.01(a)(9)—(11).
HALTOM,
ARTICLE I. IN GENERAL Haltom City, Texas Code of Ordinances
Sec. 66-13. Dangerous weapons; discharge.
(a)
It shall be unlawful for any person to discharge any gun, pistol, rifle, firearm, archery equipment, crossbow, slingshot, or any other weapon designed as an air projectile, or an air rifle or air pistol of any description by whatever name known that by means of compressed air, compressed gas, springs, or any other means is capable of discharging shots, pellets, or any solid object at a velocity in excess of 300 feet per second, within or across the city limits.
(b)
This section shall not prohibit the discharge of a firearm by a police officer in the discharge of his official duties.
(c)
This section shall not prevent the reasonable discharge of a weapon for the necessary and lawful protection of one’s person, premises or property, unless such discharge be done in a reckless or negligent manner.
(d)
This section shall not prohibit the discharge of a weapon at a range or other similar location specifically designed and operated by a governmental entity, a branch of the armed services or a responsible organization existing for the purpose of operating and maintaining the range, provided that such governmental entity, branch of the armed services or responsible organization shall have first obtained a permit from the city council to do so.
(Ord. No. 95, § 1, 11-23-53; Code 1973, § 13-15; Ord. No. 1486, § 1, 7-23-90)
State law reference— For similar provisions, see V.T.C.A., Penal Code § 42.01.
HEDWIG VILLAGE,
ARTICLE II. WEAPONS Hedwig Village, Texas Code of Ordinances
Sec. 44-32. Discharge of non-explosive weapons.
It shall be unlawful to discharge any air rifle, pellet gun, BB gun, carbon dioxide (CO2) gun, bow, crossbow or so-called hunting slingshot so that the projectile therefrom crosses any public property, or crosses any thoroughfare or property line within the city; except that such may be discharged by any party upon his own property and upon the property of another only when acting in such other person’s presence and with his permission.
(Code 1991, § 14-2)
DIVISION 1. GENERALLY Hedwig Village, Texas Code of Ordinances
Sec. 58-33. Prohibited actions.
It shall be unlawful for any person in a public park of the city to:
(11)
Bring any fire arm, pellet gun, air-soft gun or archery equipment into the park.
HEMPHILL,
ARTICLE I. IN GENERAL – Hemphill, Texas – Code of Ordinances
Sec. 18-2. – Firing of air rifle and BB guns, etc., prohibited.
It shall be unlawful to fire any weapon in the city if that weapon has a projectile propelled by pneumatic action.
(Ord. No. 104, 4-28-1998)
HENRIETTA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
HEWITT,
ARTICLE II. FIREARMS Hewitt, Texas Code of Ordinances
Sec. 42-28. Paint-guns, paintball guns and air rifles.
(a)
The term “paint-gun” or “paintball gun,” as used in this section, means any device that can be used to discharge paint or dye onto a person, object or target in such a fashion as to simulate the firing of a bullet or other ammunition at the subject. Devices that discharge paint sprays or streams of paint are permissible and are excluded from the prohibitions of this section.
(b)
The term “air rifle” shall mean a trigger-operated device which fires or discharges a pellet, ball bearing, or BB by means of release of compressed air.
(c)
Subject to the terms and conditions of this section as set forth herein below, it shall be unlawful for any person to discharge or use any paint-gun, paintball gun or air rifle within the jurisdiction described herein.
(d)
No relation in the ascending line of a minor or a guardian of a minor shall:
(1)
Furnish money or a thing of value to a minor for the purchase of paint-gun, paintball gun or air rifle; or
(2)
Encourage, act in conjunction with or in any manner instigate or aid a minor in the commission of using or discharging a paint-gun, paintball gun or air rifle within the city and its extraterritorial jurisdiction.
The violation of this subsection shall be an offense regardless of whether or not the minor shall be found guilty of the offense. The commission of the offense by the minor on the property under the control or owned by the relation or guardian shall be prima facie proof that the relation or guardian was instigating or aiding the minor. The term “relation in ascending line,” as used in this subsection, is restricted to a mother or father, and includes a natural parent, adoptive parent or step parent.
(e)
A violation of either subsection (c) or (d) of this section is hereby declared to be a class C misdemeanor.
(f)
This section shall be applicable within the corporate limits of the city and also within the area immediately adjacent and contiguous to the city limits and extending outside the city limits for a distance of 5,000 feet, unless such area is within the corporate limits of another municipality.
(Ord. No. 08-16-99, § 1, 8-16-99)
HILL COUNTRY VILLAGE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
HILSHIRE VILLAGE,
ARTICLE 7.100. FIREARMS Hillshire Village, Texas Code of Ordinances
ARTICLE 7.100. FIREARMS
Any person who discharges any gun, pistol or firearm of any kind, or who discharges an air rifle or air pistol of any descriptions by whatever name known, that by means of compressed air, compressed gas, springs or any other means that is capable of discharging shots, pellets or any solid object at a velocity in excess of three hundred (300) feet per second, shall be fined as provided for in the general penalty provision found in Section 1.106 of this code.
(Ordinance 7, adopted 3/22/56)
Hitchcock,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
HOLLYWOOD PARK,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
HOUSTON,
DIVISION 15. RULE 15. DISCIPLINARY ACTIONS GENERALLY Houston, Texas Code of Ordinances
Sec. 14-184. Carrying of dangerous weapons while on duty or on city property.
(a)
All employees, except those who are required to do so in the performance of their official duties, are prohibited from carrying dangerous weapons while on duty or while on city property. Possession alone is “carrying” for the purpose of this rule, no transporting of the weapon is necessary. Further, possession includes all enumerated weapons within the employee’s control, either on his or her person or in his or her vehicle. Those weapons which are specifically prohibited include:
(1)
Any instrument readily capable of inflicting serious bodily injury by striking a person with the instrument, including but not limited to:
(3)
Any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an exploding or burning substance, by compressed air or gases or by any device readily convertible to that use, including but not limited to:
a.
Rifles.
b.
Shotguns.
c.
Handguns.
d.
Machine gun.
e.
Short-barrel firearm.
f.
Hunting guns.
HUMBLE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
HUNTERS CREEK VILLAGE,
Chapter 26 OFFENSES Hunters Creek Village, Texas Code of Ordinances
Sec. 26-2. Pellet and BB guns.
It shall be unlawful to discharge any air rifle, pellet gun, BB gun, carbon dioxide (CO2) gun, bow, crossbow or so-called hunting slingshot so that the projectile therefrom crosses any public property, or crosses any thoroughfare or property line within the city, except that such may be discharged by any party upon his own property and upon the property of another only when acting in such other person’s presence and with his permission.
(Code 2002, § 8.300; Ord. No. 56, 6-7-1957)
HUNTSVILLE,
DIVISION 1. GENERALLY – Huntsville, Texas – Code of Ordinances
Sec. 32-26. – Air guns and certain other weapons.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Air gun means any air gun, air pistol, air rifle, BB gun, pellet gun, spring gun, spring pistol or any other implement that is not a firearm which impels a pellet of hard plastic, steel, lead, or other hard material with a force that reasonably is expected to cause bodily harm.
(b)
Discharging air gun. A person under the age of 18 years commits an offense if the person discharges an air gun in a public place without being accompanied by an adult.
(c)
Carrying air guns.
(1)
A person commits an offense if the person intentionally or knowingly carries on or about his person an air gun unless the weapon is in plain view.
(2)
It is a defense to prosecution under this subsection (c) that the person was on the person’s own land, in the person’s own home, or in the person’s own fixed place of business.
(d)
Shooting, shooting at wild birds. A person commits an offense if the person intentionally or knowingly uses an air gun, bow and arrow, or slingshot to shoot, or shoot at, any wild bird within the city limits.
(Code 1961, § 21.01.08; Ord. No. 87-17, § 1, 8-11-1987; Ord. No. 2000-09, 4-25-2000)
HURST,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
INGLESIDE,
ARTICLE I. IN GENERAL Ingleside, Texas Code of Ordinances
Sec. 38-1. Discharge of weapons and other apparatus.
(a)
It shall be unlawful for any person to fire or discharge any gun, pistol, rifle or other firearm of any description within the corporate limits of the city.
(b)
It shall be unlawful for any person to shoot or discharge any paintball gun or paintball marker or air gun or air rifle or BB gun, of any description, within the corporate limits of the city.
(c)
The provisions of this section shall not apply when the firing, shooting, or discharging of the arms therein described is done in the necessary and lawful protection of person, premises or property. There shall also be exempt from the provisions of this section, all commercial shooting galleries, pistol ranges and trap shooting and skeet shooting establishments as may be established and operated in the city; provided, however, that the location of such commercial shooting gallery, pistol range, trap shooting or skeet shooting establishment is in full compliance with the zoning chapter of the city; provided further, that the building and fixtures of any establishment seeking such exemption comply with the building code of the city; and provided, further, that all equipment used in connection with such business shall be as provided by the fire marshal of the city.
(Code 1979, ch. 1, § 20; Ord. No. 781, § 1, 1-9-01)
Cross reference— Streets, sidewalks and other public places, ch. 50; zoning, ch. 78.
State law reference— Restriction on regulation of sport shooting ranges, V.T.C.A., Local Government Code § 250.001.
IRVING,
ARTICLE II. AIR GUNS Irving, Texas Code of Ordinances
ARTICLE II. AIR GUNS
Sec. 24-13. Definitions.
Sec. 24-13.1. Penalty; continuing violations.
Sec. 24-14. Sale, transfer, etc., to persons under eighteen prohibited; exceptions.
Sec. 24-15. Exemption from article.
Sec. 24-16. Carrying on public land, road, etc., by person under eighteen prohibited, exception; discharge from or across street, sidewalk, etc., prohibited.
Sec. 24-13. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Air gun. Any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but does not mean a firearm.
Dealer. any person engaged in the business of selling at retail or renting any of the articles designated in this section.
(Ord. No. 225, § 1)
Sec. 24-13.1. Penalty; continuing violations.
A violation of any of the provisions of this article shall be punishable by a fine not to exceed five hundred dollars ($500.00).
Each day any violation of any provision of this article continues shall constitute a separate offense.
(Ord. No. 58-53, § 21, 9-6-90)
State law reference— Penalty for ordinance violations, V.T.C.A., Local Government Code § 54.001.
Sec. 24-14. Sale, transfer, etc., to persons under eighteen prohibited; exceptions.
(a)
It shall be unlawful for any dealer to sell, lend, rent, give or otherwise transfer any air gun to any person under the age of eighteen (18) years where the dealer knows or has reasonable cause to believe the person to be under eighteen (18) years of age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under eighteen (18) years of age.
(b)
It shall be unlawful for any person to give, lend or otherwise transfer any air gun to any person under eighteen (18) years of age, except where the relationship of parent and child, guardian and ward or adult instructor and pupil exists between such person and the person under eighteen (18) years of age.
(Ord. No. 225, § 2)
Sec. 24-15. Exemption from article.
It shall be lawful for any person under eighteen (18) years of age to have in his possession any of the articles in section 24-13 if the article is:
(a)
Kept within his domicile.
(b)
Used by the person under eighteen (18) years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range, to possess, load and fire at such rifle range under the supervision, guidance and instruction of a responsible adult.
(c)
Used in or on any private grounds or residence under circumstances when such an article can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence.
(Ord. No. 225, § 3)
Sec. 24-16. Carrying on public land, road, etc., by person under eighteen prohibited, exception; discharge from or across street, sidewalk, etc., prohibited.
(a)
It shall be unlawful for any person under eighteen (18) years of age to carry any air gun on the streets, alleys, public roads or public lands within the city unless accompanied by an adult; provided that such person under eighteen (18) years of age may carry such air gun, unloaded in a suitable case or securely wrapped.
(b)
It shall be unlawful for any person to discharge any air gun from or across any street, sidewalk, alley or public land, or any public place, except on a properly constructed target range.
(Ord. No. 225, § 4)
Chapter 24 OFFENSES—MISCELLANEOUS Irving, Texas Code of Ordinances
Sec. 24-13. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Air gun. Any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but does not mean a firearm.
Dealer. any person engaged in the business of selling at retail or renting any of the articles designated in this section.
ARTICLE I. IN GENERAL Irving, Texas Code of Ordinances
Sec. 25-1.10. Restrictions on park use.
(h)
The use of paint ball guns, paint ball ammunition, air guns/pellet guns and ammunition is prohibited on park property.
JACINTO CITY,
CHAPTER 1 GENERAL PROVISIONS Jacinto City, Texas Code of Ordinances
SECTION 17: MISCELLANEOUS PROHIBITIONS
A.
DISCHARGING AIR RIFLES
It shall be unlawful for any person to shoot or discharge any air gun or air rifle of any description in the City.
B.
DEFACING OR DESTROYING PUBLIC OR PRIVATE PROPERTY
It shall be unlawful to injure, tamper, break, destroy, or deface, or assist in injuring, breaking, destroying or defacing any bridge, fence, building, schoolhouse, church, depot or other public or private building or structure, street sign, lamp post, electric line or pole, electric lamp or any appurtenance thereto, alarm box, hydrant or any other public or private property within the City.
C.
DISCHARGING FIREARMS IN CITY
It shall be unlawful for any person to fire or discharge any gun, pistol, rifle, or other firearm of any description in the City.
This Subsection shall not apply when such firing is done in the necessary and lawful protection of one’s person, premises or property, unless such firing be recklessly or negligently done.
JACKSBORO,
CHAPTER 130: MISCELLANEOUS OFFENSES Jacksboro, Texas Code of Ordinances
Sec. 130.02. Discharge of firearms prohibited; exceptions.
(A)
It shall be unlawful for any person to shoot or discharge any rifle, pistol or other firearm which discharges and propels a single bullet, slug or other single missile within the city limits. It shall be unlawful for any person to shoot or discharge any shotgun or other firearm which discharges and propels multiple pellets, shots or other similar missiles within the city limits within 2,000 feet of any structure, whether that structure is within or without the limits of the city, or from or across any public street, road or highway within the limits of the city.
(B)
It shall be unlawful for any person to shoot or discharge any air gun, air rifle, air pistol or like device within the city limits or within 2,000 feet of any structure, whether that structure is within or without the limits of the city, or from or across any public street, road or highway within the limits of the city.
(C)
The provisions of this section shall not be construed to prohibit any peace officer, animal control officer, or official of the law from discharging a firearm while in the performance of his or her official duties.
(’84 Code, § 14-4)
Cross reference— Penalty, § 10.99.
State law reference— Authority to regulate the discharge of firearms, Tex. Local Gov’t Code § 215.001.
JACKSONVILLE,
ARTICLE I. IN GENERAL – Jacksonville, Texas – Code of Ordinances
Sec. 3-3. – Designation of city as bird sanctuary.
The entire area within the corporate limits of the City of Jacksonville, Texas, and any other land owned by the City of Jacksonville, Texas are hereby designated as a bird sanctuary, and it shall be unlawful for any person, association or corporation to trap, shoot or attempt to shoot any type of firearm, including B-B gun, pellet or air gun, or to molest in any manner, any bird or wild fowl, or to rob the nest of any bird or wild fowl, anywhere within the City of Jacksonville, Texas or on any land owned by the City of Jacksonville, Texas; provided, however, the foregoing provisions and protection shall not apply as to pigeons (rock doves).
(Ord. No. 679, § 12.1, 8-11-87; Ord. No. 958, § 1, 10-11-94)
ARTICLE I. IN GENERAL – Jacksonville, Texas – Code of Ordinances
Sec. 12-19. – Discharging firearms within city limits.
It shall be unlawful for any person to discharge any gun, pistol or firearm of any kind, or to discharge an air rifle or air pistol of any description, by whatever name known that by means of compressed air, compressed gas, springs, or any other means is capable of discharging shots, pellets or any solid objects at a velocity in excess of three hundred (300) feet per second, or discharge any cannon cracker (a “cannon cracker” being any combustible package more than two (2) inches long and more than one (1) inch in diameter), or torpedo within the city limits of the City of Jacksonville, Texas, except in self-defense, defense of a third person, or in defending one’s property. Any person committing the above shall be guilty of a misdemeanor.
(Rev. Ords. 1933, Art. 28; Ord. No. 286, § 1, 3-12-74)
State law reference— Similar law, Vernon’s Ann. P.C. art. 480.
JASPER,
ARTICLE I. IN GENERAL Jasper, Texas Code of Ordinances
Sec. 17-3. Firing of BB guns, etc., prohibited.
It shall be unlawful to fire any weapon in the city if that weapon has a projectile propelled by pneumatic action.
(Code 1967, § 16-3)
ARTICLE I. IN GENERAL Jasper, Texas Code of Ordinances
Cross reference— Discharge of firearm prohibited, § 17-2; firing of BB guns, etc., prohibited, § 17-3.
JERSEY VILLAGE,
ARTICLE II. FIREARMS Jersey Village, Texas Code of Ordinances
Sec. 42-31. Discharge of firearms and air rifles.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearm means any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
Prohibited acts means it shall be unlawful for any person to discharge:
(1)
Any gun, pistol or firearm of any kind;
(2)
Any air rifle or air pistol of any description; or
(3)
Any device by whatever name known that by means of compressed air, compressed gas, springs or any other means is capable of discharging shots, pellets or any solid object;
within the city limits.
(b)
Application of section. Subsection (b) of this section shall not apply to law enforcement officers in the lawful discharge of their duties, nor to persons lawfully protecting any person or property.
(Code 1977, § 11-5)
State law reference— Discharge of firearm, V.T.C.A., Penal Code § 42.01(a)(9), (11).
JUSTIN,
ARTICLE 7.400 DISCHARGING OF GUNS AND PISTOLS [8]
(a)
It shall be unlawful for any person to discharge any gun or pistol within the corporate limits of the City of Justin, except as hereinafter provided.
(b)
The provisions of (a) of this article shall not apply to any officer of the law acting in the lawful performance of his or her duties, nor to any person engaged in the lawful defense of person or property, nor to any person lawfully shooting in a gallery or a shooting range.
(c)
By the term “gun or pistol”, as used in this article, is meant any device designed to project a projectile or projectiles, whether by means of explosives, mechanical force, compressed air or any other means. Included within this definition shall be guns firing BB’s or pellets.
(d)
Any person violating the provisions of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by fine in accordance with the general penalty provision found in Section 1.106 of this code.
(Ordinance adopting Code)
— (8) —
State Law reference— Authority of city to regulate firearms, V.T.C.A., Local Government Code, §§ 215.001, 217.003(c); Unlawful carrying of firearms, V.T.C.A., Penal Code, § 46.02
KAUFMAN,
ARTICLE I. IN GENERAL – Kaufman, Texas – Code of Ordinances
Sec. 66-1. – Discharge of firearms, air rifles, etc.
(a)
Declared unlawful. It shall be unlawful for any person to discharge any gun, pistol, shotgun or firearm of any kind or to discharge any air rifle or air pistol of any description whatever by whatever name known either by means of compressed air, compressed gas, pumps, or any other means capable of discharging shots, pellets, or any solid object at any velocity in excess of 300 feet per second within the corporate limits of the city.
(b)
Pistol or rifle range exemption. Nothing in subsection (a) shall apply, however, to persons discharging guns, rifles, pistols, or firearms on premises duly licensed as a pistol or rifle range by the city.
ARTICLE III. FEES, RULES AND REGULATIONS – Kaufman, Texas – Code of Ordinances
KELLER,
ARTICLE I. IN GENERAL – Keller, Texas – Code of Ordinances
Sec. 10-100. – Unlawful to discharge firearm or gun within city—Generally.
It shall hereinafter be unlawful for any person to fire off or discharge any gun, pistol, rifle or other firearm of any description within the corporation limits of the city. It shall likewise hereinafter be unlawful for any person to discharge any air gun or air rifle of any description within the corporate limits of the City of Keller, Texas.
KEMAH,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
KENNEDALE,
Chapter 12 MISCELLANEOUS PROVISIONS AND OFFENSES – Kennedale, Texas – Code of Ordinances
Sec. 12-2. – Discharge of firearms, air guns, etc.
Any person who discharges any gun, pistol or firearm of any kind, or who discharges an air rifle or air pistol of any description, by whatever name known, that by means of compressed air, compressed gas, springs or any other means is capable of discharging shots, pellets or any solid object at a velocity in excess of three hundred (300) feet per second, or discharges any cannon cracker or torpedo on or across any public square, street or alley of the city or within one hundred (100) yards of any business housed in this city shall be guilty of a misdemeanor. A cannon cracker is any combustible package more than two (2) inches long and more than one (1) inch through.
(Code 1977, § 11-21)
KERRVILLE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
KINGSVILLE,
WEAPONS CONTROL Kingsville, Texas Code of Ordinances
Sec. 13-2-30. Unlawful discharge of firearms; enforcement.
(A)
Definitions. For the purpose of this sub article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Air rifle or air pistol. These shall be defined as such terms are commonly known to the average person familiar with such terms and in addition shall include any object or instrument that by means of compressed air, compressed gas, or springs, is capable of discharging shots, pellets or any solid object.
Gun, pistol or firearm. These definitions shall be the same as is commonly understood by the average person familiar with such terms.
(B)
It shall be unlawful for any person to discharge any gun, pistol, air rifle, air pistol or firearm of any kind or any slingshot, within the city limits, save and except that peace officers may lawfully discharge firearms within the city limits in the performance of their duty as peace officers, and air rifles and air pistols may be discharged on one’s own property; provided, that the pellets or shots do not cross a public alley or street or a neighbor’s property line.
(C)
Any peace officer is hereby authorized to pick up or otherwise take possession of for evidence any gun, pistol, air rifle, air pistol, or firearm of any kind, discharged in violation of this article.
(D)
There shall be exempt from the provisions of section 13-2-30(B) all commercial shooting galleries, pistol ranges, trap shooting, and skeet shooting establishments as may be established and operated in the city, provided, however, that the location of such shooting gallery, pistol range, trap shooting or skeet shooting establishment is in full compliance with the zoning ordinance of the city; provided further, that the building and fixtures of any establishment seeking such exemption comply with the building code of the city; provided further, that all equipment used in connection with such business shall be approved by the fire marshal of the city.
(1962 Code, §§ 6-4-1—6-4-3; Ord. —, passed 6-22-59; Ord. 2009-09, § I, passed 5-11-09)
State law reference— Weapons control, see Tex. Penal Code, §§ 46.01 et seq.; authority to prohibit discharge of firearms, see Tex. Loc. Gov’t Code, § 215.001.
KYLE,
ARTICLE II. WEAPONS Kyle, Texas Code of Ordinances
Sec. 23-9. Definitions.
The following words, terms, and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Deadly weapon shall have the meaning set forth in the Texas Penal Code.
Firearm means any device designed, made, or adapted to expel or launch a projectile through a barrel by using compressed gas or air (including but not limited to devices such as BB guns, pellet guns, paint ball guns, Airsoft toy guns, etc.) or by using the energy generated by an explosion, burning substance, or any device readily convertible to that use.
Projectile weapon means a bow and arrow, cross-bow, sling-shot or other similar device that expels or launches a projectile by mechanical means or a combination of mechanical and physical means.
(Ord. No. 615, § 2, 1-19-2010)
LA MARQUE,
ARTICLE V. WEAPONS – La Marque, Texas – Code of Ordinances
Sec. 44-150. – Firearms—In city buildings; discharge; definitions; exceptions; penalty.
(a)
It shall be unlawful for any person, other than a peace officer, to carry a firearm in any city building, regardless of whether or not the person is duly licensed by the state to carry a concealed handgun. Persons holding valid licenses under V.T.C.A., Government Code § 411 et seq., to carry concealed handguns, may carry such weapons only on municipal properties for which such carrying is not prohibited under V.T.C.A., Penal Code § 46.03.
(b)
It shall be unlawful for any person to discharge any BB gun, pellet gun, gun, pistol, rifle, or firearm of any kind within the city limits, except within a properly secured indoor firearms range, constructed and maintained in accordance with National Rifle Association specifications and standards or upon a range owned and operated by a governmental entity.
(c)
The term “city building,” as used in this section, is defined as any building or portion of a building owned, occupied, leased, or controlled by the city for city operations and activities. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(d)
The term “handgun,” as used in this section, is defined as any firearm that is designed, made, or adapted to be fired with one hand; and the term “concealed handgun,” as used in this section, is defined as a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
(e)
The terms “gun,” “pistol,” “rifle,” and “firearm,” as used in this section, shall not only be defined as to include all percussion weapons, but shall also include all air guns, air pistols, air rifles, and all other firearms using air pressure to propel a projectile.
(f)
This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, or to prohibit any citizen from discharging a firearm when lawfully defending person or property.
(g)
Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-7 of this Code.
(Code 1972, § 11-61; Ord. No. 801, § I)
LA PORTE,
ARTICLE II. WEAPONS La Porte, Texas Code of Ordinances
Sec. 42-28. Purpose.
This article is adopted so that the city may promote the public health, safety, morals, and general welfare within the city through the regulation of the discharge of firearms, air guns, and other weapons. The city seeks to prevent bodily injury, death, and property damage within the city limits by restricting the discharge of such devises as provided herein.
(Ord. No. 3430, § 1, 8-27-12)
Sec. 42-29. Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section:
Air gun means any device designed, made, or adapted to expel a projectile through a barrel by using the energy or force generated by the release of air or compressed gases. The term “air gun” includes but is not limited to BB guns, pellet guns, air pistols, paintball guns, and air rifles.
Bow means a weapon for shooting arrows, composed of a curved piece of resilient wood or other material with a taut cord to propel the arrow.
Crossbow means a weapon consisting of a bow fixed transversely on a stock having a trigger mechanism to release the bowstring, and often incorporating or accompanied by a mechanism for bending the bow.
Firearm means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. The term “firearm” includes but is not limited to revolvers, pistols, handguns, rifles, and shotguns.
(Ord. No. 3430, § 1, 8-27-12)
Sec. 42-30. Discharge of firearms and air guns, shooting of other weapons prohibited; exceptions.
(a)
It shall be unlawful for any person to discharge a firearm or air gun within the city limits.
(b)
It shall be unlawful for any person to shoot a crossbow, bow, slingshot, catapult or such like device, or hurl or throw any missile by the use of a crossbow, bow, slingshot, catapult or such like device within the city limits.
(c)
It is a defense to prosecution under this section that:
(1)
The person discharged a firearm, air gun, or crossbow in the lawful defense or protection of a person or property in accordance with state law;
(2)
The person was a licensed peace officer, licensed security guard, or a member of the United States or state armed forces at the time of the discharge and provided that any such discharge is made in the course and scope of his or her official duties;
(3)
The person was a duly appointed animal control officer in the course and scope of his or her official duties and was euthanizing a sick or injured animal or eradicating a predatory animal;
(4)
The person used blank cartridges for a theatrical production, an event sponsored by a military organization, a funeral with military honors, an athletic event, or other ceremonial or commemorative events, provided that the discharge is performed safely and directed away from persons, animals, or structures so as to prevent bodily injury or property damage;
(5)
The person discharged an air gun, bow (other than a crossbow), slingshot, catapult, or other like device, or hurled or threw a missile by the use of a bow, slingshot, catapult or other like device on his or her own property, provided such device is not fired into or onto another person’s property without the other owner’s consent;
(6)
The person was at a shooting range operated by the United States government, or the State of Texas, or political subdivision of the state, or which is privately operated as authorized or permitted by the city;
(7)
The person was participating in an amusement arcade or paintball amusement facility authorized or permitted by the city;
(8)
The person was using any mechanism designed to propel nails, bolts, screws, rivets, or other fasteners, so long as such mechanism was being used for its intended purpose; or
(9)
The person discharged a shotgun or air gun on his or her own property for the purpose of protecting livestock from predatory animals, but only in those cases where the property is at least one acre in size and the discharge is done in a manner not reasonably expected to cause a projectile to enter into or onto another person’s property.
(Ord. No. 3430, § 1, 8-27-12)
Sec. 42-31. Discharge of firearms authorized on certain property.
(a)
The prohibition of the discharge of firearms shall not apply to areas in the city’s extraterritorial jurisdiction or area annexed by the city after September 1, 1981, if the firearm or weapon is:
(1)
A shotgun, air rifle, pistol, or BB gun discharged:
a.
On a tract of land ten acres or more;
b.
More than 150 feet from a residence or occupied building located on another property; and
c.
In a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
(2)
A center fire or rim fire rifle or pistol of any caliber discharged:
a.
On a tract of land 50 acres or more;
b.
More than 300 feet from a residence or occupied building located on another property; and
c.
In a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
(b)
The prohibition of the discharge of firearms shall not apply on property owned by the United States, State of Texas, or a political subdivision of this state, where the discharge is conducted by an official, employee, or agent of such entity in the course and scope of his or her official duties or where conducted pursuant to an officially sanctioned wildlife management program.
(Code 1970, § 13-4; Ord. No. 3430, § 1, 8-27-12)
State law reference— Discharge of firearms in a public place, V.T.C.A., Penal Code § 42.01(a)(9); discharge of a firearm on or across a road, V.T.C.A., Penal Code § 42.01(a)(11).
LA VERNIA,
ARTICLE I. IN GENERAL – La Vernia, Texas – Code of Ordinances
Sec. 22-101. – Use and discharge of firearms.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearms means gun, pistol, revolver, pellet gun, BB gun, air gun, shotgun, rifle, bow and arrow, crossbow or any other similar weapon.
Public safety officer means duly qualified and commissioned peace officers.
(b)
Discharge of firearms within an area of the city limits existing or annexed prior to September 1, 1981. It shall be unlawful for any person to discharge any firearm, excluding a bow and arrow with field or target points, a BB gun, or pellet gun within an area of the city limits existing or annexed prior to September 1, 1981; provided that this section shall not be so construed as to prohibit the discharge of firearms:
(1)
In any activity or by any person considered within the class of exemptions applicable under state statutes;
(2)
In exhibitions of charitable contests conducted under conditions and supervision approved by the city council after application has been made to the city and permit has been issued;
(3)
For the official start at an athletic competition event utilizing a starter pistol firing blanks;
(4)
For the protection of a person or property in accordance with the laws of the state; or
(5)
By any public safety officer in the performance of the official duties of their office.
(c)
Discharge of firearms within an area of the city limits annexed on or after September 1, 1981. It shall be unlawful for any person to discharge a firearm within the extraterritorial jurisdiction or in an area annexed after September 1, 1981; provided that this section shall not be so construed as to prohibit the discharge of firearms as follows:
(1)
The firearm is:
a.
A shotgun, air rifle or pistol, BB gun, or bow and arrow;
1.
Discharged on a tract of land of ten acres or more;
2.
Discharged more than 150 feet from a residence or occupied building located on another property; and
3.
In a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
b.
A centerfire or rim fire rifle or pistol of any caliber:
1.
Discharged on a tract of land of 50 acres or more;
2.
More than 300 feet from a residence or occupied building located on another property; and
3.
In a manner not reasonably expected to cause a projectile to cross the boundary of the tract;
(2)
In any activity or by any person considered within the class of exemptions applicable under state statutes;
(3)
In exhibitions of charitable contests conducted under conditions and supervision approved by the city council after application has been made to the city and permit has been issued;
(4)
For the official start at an athletic competition event utilizing a starter pistol firing blanks;
(5)
For the protection of a person or property in accordance with the laws of the state; or
(6)
By any public safety officer in the performance of the official duties of their office.
(d)
Penalty. Any person who violates the provisions of this section shall be deemed guilty of a class C misdemeanor, and upon conviction thereof, shall be fined in any sum not to exceed $500.00.
(e)
Cumulative clause. This section shall be cumulative of all ordinances of the city except where the provisions of this section are in direct conflict with the provisions of any such ordinance, in which event the conflicting provisions of such ordinance are hereby repealed.
(Ord. No. 041212-01, §§ 2, 3, 4-12-2012)
State law reference— Authority of municipality to regulate the discharge of firearms, V.T.C.A., Local
LAKE JACKSON,
ARTICLE I. IN GENERAL – Lake Jackson, Texas – Code of Ordinances
Sec. 62-3. – Firearms, discharge in city prohibited, exceptions.
(a)
With the exception of subsections (b), (c), and (d), it shall be unlawful for any person to fire, shoot, or discharge within the city, any bow and arrow or any gun, pistol, revolver, rifle, BB gun, air gun, air rifle or firearm of any description.
(b)
This section shall not apply to the discharge of any firearm by any peace officer in the performance of his official duties.
(c)
A shotgun, air rifle or pistol, BB gun, or bow and arrow may be discharged in an area annexed into the City of Lake Jackson after September 1, 1981, if:
(1)
The tract of land on which the weapon is discharged is ten (10) acres or more;
(2)
The discharge is more than one hundred fifty (150) feet from a residence or occupied building located on another property; and
(3)
The discharge is made in such a manner that it is not reasonably expected to cause a projectile to cross the boundary of the tract.
(d)
A center fire or rim fire rifle or pistol of any caliber may be discharged in an area annexed into the City of Lake Jackson after September 1, 1981, if:
(1)
The tract of land on which the weapon is discharged is fifty (50) acres or more;
(2)
The discharge is more than three hundred (300) feet from a residence or occupied building located on another property; and
(3)
The discharge is made in such a manner that it is not reasonably expected to cause a projectile to cross the boundary of the tract.
(e)
This section is not intended to apply to any act prohibited in V.T.C.A., Penal Code § 42.01.
(Ord. No. 159, §§ 1, 3, 8-17-54; Code 1958, § 14-8; Ord. No. 07-1842, § 1, 4-16-2007)
Cross reference— Shooting on, along or across public roads, § 62-11.
State law reference— Discharge of firearm in public place, V.T.C.A., Penal Code § 42.01(a)(9), (11).
LAMPASAS,
ARTICLE I. IN GENERAL – Lampasas, Texas – Code of Ordinances
Sec. 50-1. – Discharge of firearms.
It is unlawful for any person to discharge any gun, pistol or firearms of any kind, or to discharge any air rifle or air pistol of any description by whatever name known that by means of compressed air, compressed gas, springs or any other means is capable of discharging shots, pellets or any solid object at a velocity in excess of 300 feet per second in the city. This section shall not apply to the use of such weapons in the defense of one’s person or property or in the defense of the person or property of another or by a law enforcement officer in the line of duty.
(Ord. No. 365, § 3, 6-25-73)
LAREDO,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
LEAGUE CITY,
ARTICLE I. IN GENERAL – League City, Texas – Code of Ordinances
Sec. 70-1. – Discharge of dangerous weapons.
Any person who discharges any gun, pistol or firearm of any kind, or who discharges an air rifle or air pistol of any description, by whatever name known, that by means of compressed air, compressed gas, springs or any other means is capable of discharging shots, pellets or any solid object at a velocity in excess of 300 feet per second, within 1,000 yards of any residence, public building or business house within the city shall be fined not more than $100.00.
(Code 1968, § 14-12; Ord. No. 39, § 1, 5-6-1964)
Cross reference— Carrying of weapons by reserve police officers, § 58-54.
LEWISVILLE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
LITTLE ELM,
ARTICLE VI. DISCHARGE OF WEAPONS Little Elm, Texas Code of Ordinances
Sec. 70-126. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm or gun or projectile weapon means a weapon capable of discharging a projectile by means of an explosive charge, including, without limitation, a handgun, rifle, pistol, shotgun or any other type of firearm; but not including an air gun, air pistol or air rifle incapable of discharging a projectile at a muzzle speed in excess of 300 feet per second.
LIVE OAK,
ARTICLE I. IN GENERAL Live Oak, Texas Code of Ordinances
Sec. 15-10. Missiles/projectiles.
It shall be unlawful for any person within the city to shoot with bow and arrow, or to shoot or discharge any stone or other missile with or from a sling or from an elastic spring.
It shall be unlawful for any person to discharge an air gun or spring gun within 200 yards of any development residential, business or industrial area.
(Ord. No. 976, § 10, 3-29-94)
Sec. 15-13. Toy gun, explosive, etc.; furnishing to minors.
It shall be unlawful for any person within the city to sell to, give to, allow access to, or place in the possession of, any person under the age of 17 years, any firearm or toy gun capable of exploding and discharging any percussion cap or blank cartridge, or any other device of any description, capable of exploding and discharging any percussion cap or blank cartridge of any description.
(Ord. No. 976, § 13, 3-29-94)
LIVINGSTON,
Chapter 30 MISCELLANEOUS OFFENSES – Livingston, Texas – Code of Ordinances
Sec. 30-3. – Dangerous weapons—Discharge.
Any person who discharges any gun, pistol or firearm of any kind, or who discharges an air rifle or air pistol of any description, by whatever name known, that by means of compressed air, compressed gas, springs, or any other means is capable of discharging shots, pellets, or any solid object at a velocity in excess of 300 feet per second, on or across any public square, street, or alley of the city or within 100 yards of any business house within the city shall be guilty of a misdemeanor.
(Code 1970, § 15-15)
State law reference— Discharge of firearm, V.T.C.A., Penal Code § 42.01; authority to adopt ordinance which prohibits the discharge of a firearm, V.T.C.A., Local Government Code § 229.001, V.T.C.A., Penal Code § 42.12(d).
LLANO,
ARTICLE I. MISCELLANEOUS Llano, Texas Code of Ordinances
Sec. 70-10. Discharge of firearms, air rifles, etc., prohibited; exceptions, limited permits.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Air gun means any device designed, made or adapted to expel a projectile through a barrel by using the energy or force generated by the release of a spring, compressed gases or air. The term “air gun” includes, but is not limited to, pellet guns, air pistols, and BB guns.
City means the city and encompasses the territory situated within the corporate boundaries of the city, including any and all public watercourses, rivers, streams, lakes and other state waters, and any and all banks, beds, courses, or other property comprising a part of said public watercourses, rivers, streams, lakes and other state waters.
Firearm means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance, or gas- or air-powered substance.
Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, parks, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
Public right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, public waterway, or public utility easement.
ARTICLE IV. RULES AND REGULATIONS FOR LLANO RIVER PARK, ROBINSON LLANO CITY PARK AND THE RECREATIONAL VEHICLE PARK Llano, Texas Code of Ordinances
Sec. 74-100. Discharge of firearms, fireworks or air rifles prohibited.
No firearms, fireworks or air rifles shall be discharged, except by officials designed by the city.
(Ord. No. 836, § 4, 8-7-2000)
Cross reference— Discharge of firearms, air rifles, etc., prohibited, exceptions limited permits, § 70-10.
LOCKHART,
Chapter 36 OFFENSES AND MISCELLANEOUS PROVISIONS Lockhart, Texas Code of Ordinances
Sec. 36-1. Firearms.
(a)
Unlawful to shoot firearms within city.
(1)
It shall be unlawful to willfully or intentionally shoot a firearm within the limits of the city, except as provided hereafter. A person asserting an exception to prosecution under this section shall be required to prove same as a defense under the provisions of the Texas Penal Code and Code of Criminal Procedure.
A firearm shall include specifically, but not exclusively, any shot gun, pistol, rifle, air rifle, B.B. gun, bow and arrow, and any other mechanism that discharges or ejects any bullet, buckshot, or any other metallic object of any size by force of combustion, mechanism, or air.
LORENA,
ARTICLE IV. FIREARMS – Lorena, Texas – Code of Ordinances
Sec. 46-71. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm. Any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use, including but not limited to a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, starter pistol, BB gun, pellet gun, air gun, inoperative firearm, or other firearm. For the purpose of this article, the term shall also include any explosive weapon(s).
Replica or facsimile of a firearm. Any device or object made of plastic, wood, metal or any other material, which is a replica, facsimile or toy version or is otherwise recognizable as a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, starter pistol, air gun, inoperative firearm, or other firearm. As used in this article, “replica or facsimile of a firearm” shall include, but is not limited to, toy guns, theatrical production props, hobby models (either in kit form or fully assembled), or any other device which might reasonably be perceived to be a real firearm.
LULING,
ARTICLE I. IN GENERAL Luling, Texas Code of Ordinances
Sec. 74-1. Discharging weapons.
It shall be unlawful for any person to discharge any pistol, gun or firearm of any kind, or discharge any cannon, cracker or torpedo, air-gun, air pistol, pellet gun or missile on or across any public square, street or alley in the city.
(Code 1966, § 15-7)
State law reference— Discharging firearm, V.T.C.A., Penal Code § 42.01.
LUMBERTON,
ARTICLE II. WEAPONS – Lumberton, Texas – Code of Ordinances
Sec. 32-19. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Compressed fluid pistol, air pistol, air gun, or air rifle means any instrument fired or discharged by human beings wherein a shot, pellet, charge, load or any solid object is hurled from such instrument upon the release of a compressed spring, compressed air, compressed gas or a compressed fluid of any sort.
Sec. 32-21. – Discharging of weapons.
(a)
Discharge of firearms prohibited. It shall be unlawful for any person to discharge any firearm within the city limits.
(b)
Discharge of compressed fluid pistols, air pistols, air guns, air rifles and bows and arrows by minors prohibited. It shall be unlawful for any juvenile to discharge any compressed fluid pistol, air pistol, air gun, air rifle or bow and arrow within the city limits unless the same is done under the direct supervision of an adult person and is done in a manner so that the shot, pellet, charge, load, arrow or other object shot or hurled from such instrument shall not land upon or travel across the property of a person other than the property of the adult supervising the activity or property upon which he has permission of the owner to use, or across any public street, alley, square, park, public property or property line of any other person.
(c)
Discharge of compressed fluid pistols, air pistols, air guns, air rifles, and bows and arrows regulated. It shall be unlawful for any person to discharge any compressed fluid pistol, air pistol, air gun, air rifle or bow and arrow in such a manner as to propel any projectile, missile, object or other material onto the property of another and/or across any public street, alley, square, park, public property and/or private property line of any other person.
(d)
Defense. It is a defense to prosecution under this section if the person charged with doing one of the acts prohibited herein was in the actual discharge of his official duties as a peace officer or member of the armed forces or National Guard or was justified in committing the act under the penal laws of the state in defending life or property.
(Ord. No. 93-1087, § III, 10-25-1993)
LYTLE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
MAGNOLIA,
ARTICLE I. IN GENERAL Magnolia, Texas Code of Ordinances
Sec. 58-1. Weapons discharge generally prohibited.
(a)
It shall be unlawful for any person, other than a police officer in the discharge of his duties, to discharge any gun, pistol, or firearm of any kind, or discharge an air rifle or air pistol of any description, by whatever name known, that by means of compressed air, compressed gas, springs, or any other means is capable of discharging shots, pellets or any solid object at a velocity in excess of 300 feet per second, within the corporate limits of the city.
(b)
It shall be unlawful for any person to cause or knowingly permit his child or ward under the age of 18 years to discharge any gun, pistol, or firearm of any kind, or to discharge an air rifle, or air pistol of any description, by whatever name known, that by means of compressed air, compressed gas, springs or any other means is capable of discharging shots, pellets, or any solid object at a velocity in excess of 300 feet per second, within the corporate limits of the city.
(c)
It shall be unlawful for any person to discharge a bow projecting an arrow within 100 feet of a home or place of residence occupied by someone other than the person discharging same.
(Ord. No. 19, §§ 1—4, 7-14-1970)
State law reference— Municipality may regulate discharge of firearms, V.T.C.A., Local Government Code § 229.001(b)(2).
MANVEL,
ARTICLE II. DISCHARGE OF FIREARMS Manvel, Texas Code of Ordinances
Sec. 44-21. Prohibited discharge of firearms.
(a)
It shall be unlawful for any person to shoot or discharge any rifle, pistol, or other firearm which discharged and propels a single bullet, slug or other single missile within the city limits.
(b)
It shall be unlawful for any person to shoot or discharge any air-gun, or air rifle, air pistol, or like device which discharges and propels a single or multiple bullet, slug, pellet, shot, dart, arrow, or other missiles within the city limits.
(c)
The provisions of this section shall not be construed to prohibit any city police officer, or certified peace officer from discharging a firearm while in the performance of his official duty.
(d)
This section shall not prohibit the discharge of shotguns when permitted, or at permitted gun ranges, both instances subject to the following:
(1)
Written application shall be delivered to the chief of police containing:
a.
The name of the individual or association to be permitted;
b.
The charitable or nonprofit cause to be benefited if it applies;
c.
The exact location, time, and dates of said event; or location of property to be permitted by the landowner;
d.
Safety precautions to be observed;
1.
The type of low velocity shells to be provided containing shot no larger than #6 shot; and
2.
A statement that no building or structures not owned by the group, or association conducting the shooting event is located within 500 feet of the shooting event location, whether that structure is within or without the limits of the city, or from across any public street, road or highway within the limits of the city.
(2)
If upon appropriate investigation of the facts contained in said application the chief of police determines that the public safety and health would not be endangered, and that the permit should be issued, he shall issue a permit within five working days of the conclusion of said investigation. The chief of police shall notify the mayor and city council at the next council meeting of the issuance of a permit.
(Code 1985, § 7.5-18; Ord. No. 90-2, § 2, 2-1-1990; Ord. No. 90-7, § 2, 6-14-1990)
MARBLE FALLS,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
MARSHALL,
Chapter 21 OFFENSES – Marshall, Texas – Code of Ordinances
Sec. 21-11. – Discharge of weapons.
(a)
Definitions.
Air rifle: A gun which uses compressed air, gas or a compressed spring to launch a projectile of any kind and includes a BB gun.
McAllen,
ARTICLE I. IN GENERAL McAllen, Texas Code of Ordinances
Sec. 70-7. Possession of firearms by minors.
It shall be unlawful for any minor to have in his possession or carry on his person, except within the minor’s domicile, a revolver, rifle, shotgun or any firearm which is of either air compression or percussion nature unless such minor is accompanied and supervised by a parent, guardian or responsible adult.
(Code 1966, § 19-12)
McGregor,
DIVISION 2. FIREARMS – McGregor, Texas – Code of Ordinances
Sec. 36-50. – Discharging firearms prohibited
(e)
It shall be unlawful for any person to intentionally, knowingly, recklessly, or with criminal negligence, shoot, fire or discharge an air pistol, air rifle, or BB gun across a public right-of-way within the city limits.
(Prior Code, § 11-1; Code 2004, § 130.01(B); Ord. No. 081103-A, 8-11-2003)
State law reference— Municipal authority to regulate discharge of firearms, V.T.C.A., Local Government Code § 229.002; discharge of firearm as disorderly conduct, V.T.C.A., Penal Code § 42.01.
McKinney,
ARTICLE I. IN GENERAL McKinney, Texas Code of Ordinances
Sec. 70-1. Discharging and carrying firearms and projectile weapons.
(a)
It shall be unlawful for any person, other than a peace officer, to carry a firearm in any city building or other municipal property, unless the person is duly licensed by the state to carry a concealed handgun and pursuant to state law may carry a concealed handgun in a particular building or on said property.
(b)
It shall be unlawful for any person to discharge any BB gun, pellet gun, gun, pistol, rifle, firearm, or bow and arrow of any kind within the city limits, except:
(1)
Within a properly secured and permitted indoor or outdoor firearms range, constructed and maintained in accordance with applicable National Rifle Association specifications and standards and any standards prescribed by city ordinance;
(2)
Upon a shooting range owned and operated by a governmental entity; or
(3)
By any authorized person participating in a wildlife management program to mitigate wildlife hazards near the Collin County Regional Airport or the McKinney Landfill.
(c)
The term “city building,” as used in this section, means any building or portion of a building owned, occupied, leased, or controlled by the city, for city or public operations and activities. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking area.
(d)
The term “handgun,” as used in this section, means any firearm that is designed, made or adapted to be fired with one hand, and the term “concealed handgun,” as used in this section, means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
(e)
The terms “gun,” “pistol,” “rifle” and “firearm,” as used in this section, means and includes all percussion weapons, all air guns, air pistols, air rifles and all other firearms using air pressure to propel a projectile.
(f)
The term “bow and arrow,” as used in this Code, shall have the same meaning as intended, defined or construed under V.T.C.A., Local Government Code ch. 229, as amended.
(g)
The term “projectile weapon,” as used in this Code, means firearms (unless permitted under subsection (a) of this section), fireworks, air guns, bows and arrows, slingshots or any device which would or could project any object which would or could create a fire hazard or any hazard or danger to the public.
(h)
This section shall not be construed to prohibit any peace officer from discharging a firearm in the performance of his duty, nor to prohibit any citizen from discharging a firearm when lawfully defending person or property.
(i)
Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-18
(j)
The prohibition of the use of a bow and arrow set forth in subsection (b) of this section, does not apply in the extraterritorial jurisdiction of the municipality or in an area annexed by the municipality after September 1, 1981, if the bow and arrow is utilized:
(1)
On a tract of land of ten acres or more and:
a.
More than 1,000 feet from:
1.
The property line of a public tract of land, generally accessible by the public, that is routinely used for organized sporting or recreational activities or that has permanent recreational facilities or equipment; and
2.
The property line of a school, hospital, or commercial day-care facility;
b.
More than 600 feet from:
1.
The property line of a residential subdivision; and
2.
The property line of a multifamily residential complex; and
c.
More than 150 feet from a residence or occupied building located on another property; and
(2)
In a manner not reasonably expected to cause a projectile to cross the boundary of the tract.
(Code 1982, § 20-2; Ord. No. 608, § I, 11-18-1963; Ord. No. 96-01-04, § 1, 1-2-1996; Ord. No. 2000-09-72, § I, 9-19-2000; Ord. No. 2003-09-081, § 1, 9-16-2003; Ord. No. 2005-12-130, § I, 12-6-2005; Ord. No. 2006-06-076, § 2, 6-20-2006; Ord. No. 2009-08-053, § 3, 8-4-2009)
State law reference— Disorderly conduct, V.T.C.A., Penal Code § 42.01; municipal regulatory authority concerning firearms and explosives, V.T.C.A., Local Government Code § 229.001; trespass by holder of license to carry concealed handgun, V.T.C.A., Penal Code § 30.06; places where weapons are prohibited, V.T.C.A., Penal Code § 46.03.
ARTICLE V. SHOOTING RANGES McKinney, Texas Code of Ordinances
Sec. 54-199. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm or gun means a weapon capable of discharging a projectile by means of an explosive charge, including, without limitation, a rifle, pistol, shotgun or any other type of firearm; but not including an air pistol or air rifle incapable of discharging a projectile at a muzzle speed in excess of 300 feet per second.
McClendon-CHISHOLM,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
MEADOWLAKES,
ARTICLE III. GENERAL OFFENSES Meadow lakes, Texas Code of Ordinances
Sec. 20-61. Unlawful discharge of firearms and guns prohibited.
A person commits an offense if such person uses, or discharges a firearm within the city, or shoots or uses other devices capable of inflicting serious bodily injury. The prohibited devices include rifles, pistols, shotguns, pellet guns (rifles and pistols), air rifles, air pistols, BB guns, paint ball guns, and bows and arrows. An exception to this restriction is allowed consistent with provisions of subchapters C, D and E of chapter 9, Texas Penal Code (V.T.C.A., Penal Code §§ 9.31—9.53), as amended.
(Code 2006, § 130.13; Ord. No. 02-12, 10-1-2002; Ord. No. 2006-15, 9-8-2006; Ord. No. 2006-29, 11-7-2006)
State law reference— Municipality may regulate discharge of firearms, V.T.C.A., Local Government Code § 229.001(b)(2); trespass by holder of license to carry concealed handgun, V.T.C.A., Penal Code § 30.06; places where weapons are prohibited, V.T.C.A., Penal Code § 46.03.
MELISSA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
MESQUITE,
ARTICLE I. IN GENERAL Mesquite, Texas Code of Ordinances
Sec. 10-10. Discharge of air rifle, pellet guns, etc.
It shall be unlawful and an offense for any person to discharge a projectile from an air rifle, pellet gun or other instrument in which the projectile is propelled by compressed air in, upon, across or into a public street, alley or other public thoroughfare or across a property line within the city.
(Code 1960, § 13-4.2)
MIDLAND,
Chapter 2 ANIMALS AND FOWL – Midland, Texas – Code of Ordinances
6-2-14. – Bird sanctuary established.
The entire area embraced by the corporate limits of the City is hereby designated as a bird sanctuary. It shall be unlawful for any person to trap, shoot or attempt to shoot with a pistol, gun, rifle or any type of firearm, including a BB gun or air rifle, or molest in any manner, any bird or wild fowl, or to rob the nests thereof anywhere within the above-described area. Provided, however, that if the city health officer or the director of the animal shelter determines that a particular concentration of birds is constituting either a nuisance or a health hazard, then such birds may be trapped or otherwise eliminated without such activity constituting a “molesting” of such birds or any other violation of this Section or any other Section of this Code.
(Ord. No. 5440, 2-13-1979)
MINEOLA,
ARTICLE I. IN GENERAL – Mineola, Texas – Code of Ordinances
Sec. 28-8. – Slings, air guns, etc.
It shall be unlawful for any person to use any sling, gravel shooter, blowgun or air gun, or any other such device from which may be thrown gravel, marbles, shot or any other thing capable of injuring property or persons within the city.
(Code 1977, § 12-8; Ord. of 5-4-1915)
Chapter 26 NATURAL RESOURCES, CITY PARKS AND OPEN SPACES – Mineola, Texas – Code of Ordinances
Sec. 26-1. – Definitions
Arms and firearms means any device from which shot, a projectile, arrow, or bolt is fired by the force of an explosion, compressed air, gas or mechanical device, including but not limited to, rifle, shotgun, handgun, air rifle, pellet gun, longbow, cross bow, sling shot, blow gun, or dart gun.
MINERAL WELLS,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
MISSION,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
MISSOURI CITY,
ARTICLE II. WEAPONS Missouri City, Texas Code of Ordinances
Sec. 70-31. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air rifle means air rifles and any other type of gun which uses compressed air, gas or a compressed spring to project a projectile of any kind, and includes a BB gun.
Sec. 70-36. Discharge of air rifles.
It is unlawful for any person to discharge or shoot an air rifle within the city, except that BB guns may be shot or discharged by a person if the point of such discharge is not within the right-of-way of any public street, road or highway, and is not within 2,000 feet of any structure located either within or without the city, and if the discharged projectile does not penetrate or cross any public street, road or highway located either within or without the city.
(Ord. No. O-02-62, § 1, 12-2-2002)
MONT BELVIEU,
ARTICLE I. IN GENERAL Mont Belvieu, Texas Code of Ordinances
Sec. 24-1. Discharge of firearms and projectiles from crossbows and manually released bows.
(a)
It shall be unlawful for any person within the corporate limits of the city to discharge a rifle, pistol, BB gun, pellet gun, air rifle or spring gun upon public or private property, and it shall be unlawful for any person to discharge a shotgun or projectile from a crossbow or other manually released bow within 250 yards of any dwelling used as a single-family or multifamily dwelling or within 250 yards of any building used for commercial, educational, religious or other purposes.
(b)
This section shall not be applicable if the discharge of the rifle, pistol, pellet gun, shotgun or projectile from a crossbow or other manually released bow was by reason of the exercise of the lawful prevention of crime, the lawful exercise of the right of self-defense, the lawful protection of one’s family and/or property or the lawful use of a designated pistol, shotgun and/or rifle range which has been inspected and approved for safety of design and operation by the chief of police and a bona fide member of the National Rifle Association of America.
(c)
This section shall not be applicable to the discharge of firearms or weapons as permitted by V.T.C.A., Government Code § 229.002.
(Code 1999, §§ 20-2, 20-16; Ord. No. 86, 1-5-1981; Ord. No. 95-018, 12-11-1995; Ord. No. 2000-005, § 1, 1-24-2000)
State law reference— Authority of municipality to regulate the discharge of firearms, V.T.C.A., Local Government Code § 217.003.
MONTGOMERY,
ARTICLE III. CONCEALED HANDGUNS – Montgomery, Texas – Code of Ordinances
Sec. 62-72. – Firearms banned in city parks, at public meetings of the city, county or other governmental bodies, parades, and official political meetings
(b)
The carrying of firearms, air rifles, bows, slingshots, or other weapons of any type in a city park and the lands adjacent thereto, and at political rallies, public meetings of the city, county or other governmental bodies, parades, and official political meetings, are expressly prohibited.
MORGANS POINT,
ARTICLE II. WEAPONS Morgans Point, Texas Code of Ordinances
Sec. 50-42. Discharge of air gun.
(a)
The discharge of an air gun or any other similar type weapon, actuated by condensed air or any other force of sufficient impelling power to cause bodily injury, within the limits of the city or from any area not far enough removed from the city limits to preclude the range of such weapon from extending into such limits, is prohibited.
(b)
The provisions in subsection (a) of this section shall not prohibit the discharge of such guns or weapons by a person upon his own private property when the gun or weapon is discharged in such a manner that the projectile will not travel beyond the property line of such person and a device is installed for the purpose of stopping such projectiles within the boundaries of such person’s property. Such device shall be constructed and approved by the head of the family owning such property and upon whose property such gun or weapon is being discharged. Such head of the family shall be responsible for any violation of this section and for any damages that might be caused as a result of the discharging of such guns or weapons upon such property.
(Ord. No. 198, §§ 1, 4, 6-11-1980)
MOUNT VERNON,
Chapter 14 PARKS AND RECREATION – Mount Vernon, Texas – Code of Ordinances
Sec. 14-7. – Same—Shooting on adjacent land.
It shall be unlawful for any person to enter upon the land belonging to the city as defined by the conveyances to the city for the construction of the city lake and upon which the city lake is located, for the purpose of hunting, target practice or shooting and to hunt or carry upon said area any firearm, gun or any mechanism used by expelling therefrom any missile or hard substance by powder, compressed air or by hand.
ARTICLE I. GENERAL PROVISIONS – Mount Vernon, Texas – Code of Ordinances
Sec. 4-11. – Hunting and/or trapping.
(a)
It shall be unlawful for any person to hunt, trap or pursue any animal inside the corporate city limits. No person shall use firearms, including air gun, or other weapon potentially harmful to wildlife or humans to pursue or hunt any animal within the corporate limits of Mount Vernon. This section does not apply to live trapping authorized by the animal control officer, or the trapping of rats, mice, gophers, or moles.
(b)
This section is not to be construed to prevent the Mount Vernon Animal Control Officer, or duly authorized agent of the city from killing or trapping animals in order to protect life or property, or to comply with the provisions of this article.
(Ord. No. 2002-5, § 1, 5-14-02)
MURPHY,
DIVISION 2. WEAPONS Murphy, Texas Code of Ordinances
Sec. 46-41. Discharging firearms prohibited.
It shall be unlawful for any person to fire or shoot or cause to be fired or shot any firearm, rifle, shotgun, automatic rifle, revolver, pistol or any other weapon designed for the purpose of firing or discharging a shell or cartridge, whether such shell or cartridge is blank or live ammunition, or to fire, shoot, discharge or cause to be fired, shot or discharged any air rifle, air pistol or pellet gun of any description, by whatever name known, that is capable of discharging a pellet or any solid object by means of compressed air, gas, springs or other means, within the corporate limits of the city.
(Code 1984, § 9-3-1; Code 1993, § 130.15; Ord. No. 82, 11-2-1-76)
Chapter 50 PARKS AND RECREATION Murphy, Texas Code of Ordinances
Sec. 50-4. Prohibited acts.
It shall be unlawful for any person to commit any one or more of the following acts:
(6)
To carry (unless permitted under subsection (5) of this section) or discharge firearms, fireworks, BB-guns, air guns, bows and arrows, slingshots, blowguns, rockets or paint-ball guns, unless authorized by the parks and recreation director.
NACOGDOCHES,
DIVISION 2. WEAPONS Nacogdoches, Texas Code of Ordinances
Sec. 70-51. Discharge.
(a)
For the purpose of this section, a firearm is defined as any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance, or any device readily convertible to that use.
(b)
It shall be unlawful for any person to shoot or discharge any firearm, to include air rifles or BB guns, within the city.
(c)
It shall be unlawful for any person to shoot upon or across any public street within the city any weapon, including any firearm, spring gun, slingshot, or similar device, that discharges shot, balls or other missiles.
(Code 1971, §§ 19-2, 19-3)
Charter reference— Authority of city to prohibit firing firearms, art. II, § 22[10].
State law reference— Authority to prohibit discharge of firearms, V.T.C.A., Local Government Code § 215.001.
Nassau Bay,
ARTICLE I. IN GENERAL – Nassau Bay, Texas – Code of Ordinances
Sec. 12-4. – Discharge of firearms and other guns.
(a)
It shall be unlawful for any person within the city limits to cast, throw, shoot, fire or discharge any rifle, gun, revolver, pistol, pellet gun, shotgun, cartridge or any firearm of any kind or nature, except as specifically allowed in this section.
(b)
BB guns will be restricted for use in enclosed yards, or enclosed property, of the individual’s residence, and shall not be discharged on or into any public right-of-way, public roadway, public park or any other public or private property.
(c)
For purposes of clarification, the definition of a “firearm” shall mean any gun, revolver, pistol, rifle, shotgun, pellet gun, cartridge or any other weapon that is spring loaded, discharged by explosive action of any kind or nature, or of pneumatic design and operation.
(d)
Nothing in this section shall be construed to apply to the possession or ownership of any firearm, or to the sale of such firearm, nor shall this section be construed to prevent any private display of firearms of any kind. No person shall conduct or participate in public displays of firearms of any kind unless he has first obtained a temporary permit issued by the city manager. Said permit shall be issued if:
(1)
The applicant is eighteen (18) years of age or over and has never been convicted of a felony;
(2)
The location of said public display is disclosed and the permit shall be valid in said location only; and
(3)
The time said display shall begin and end is disclosed and the permit shall only be valid during those times.
(Ord. No. 77-192, 4-25-77)
Cross reference— Maximum permitted noise levels, § 10-5.
NEDERLAND,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
NEEDVILLE,
ARTICLE III. FIREARMS – Needville, Texas – Code of Ordinances
Sec. 54-66. – Restrictions.
Pursuant to V.T.C.A., Local Government Code §§ 229.001 and 229.002, the prohibition of the discharge of a firearms or other weapons in section 54-65 does not apply within the extraterritorial jurisdiction of the city or in an area annexed by the city after September 1, 1981, if the firearm or other weapon is:
(1)
A shotgun, air rifle or pistol, BB gun, or bow and arrow discharged:
a.
On a tract of land of ten acres or more and more than 150 feet from a residence or occupied building located on another property; and
b.
In a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
(2)
A center fire or rim fire rifle or pistol of any caliber discharged:
a.
On a tract of land of 50 acres or more and more than 300 feet from a residence or occupied building located on another property; and
b.
In a manner not reasonably expected to cause a projectile to cross the boundary of the tract.
(Ord. No. 11-14-05, § 3, 11-9-2005)
NEW BRAUNFELS,
Chapter 82 OFFENSES AND MISCELLANEOUS PROVISIONS New Braunfels, Texas Code of Ordinances
Sec. 82-3. Firearms, discharging, hunting permits.
(a)
Definition. “Firearms” means gun, pistol, revolver, pellet gun, bb gun, air gun, shotgun, rifle, bow and arrow, cross bow or any other weapon.
(b)
It shall be unlawful for any person to discharge any firearm, with the exception of a bow and arrow, within an area of the city limits annexed prior to September 1, 1981; provided, that this section shall not be so construed as to prohibit the discharge of firearms on premises owned or operated by any branch of the armed services of the United States government, Texas National Guard, Texas State Guard or any responsible organization existing for the purpose of operating and maintaining a rifle or pistol firing range, provided such discharge is in the course of the regular functions and course of training of such branch of the armed services of the United States government, Texas National Guard, Texas State Guard or such other organization, and provided that such branch of the armed services or other organization has secured and holds a permit from the city council so to do on the premises involved. This section shall not apply to law enforcement officers in pursuance of their duties and while acting within the scope of their authority. Further, this section shall not be so construed as to prohibit the discharge of firearms, air guns, or similar equipment, as described above, in connection with a public or private school instruction program, or an organized training or instruction facility within the city limits. Further, this section shall not apply to any person acting in lawful defense of person or property.
(c)
It shall be unlawful for any person to discharge a firearm within the extraterritorial jurisdiction or in an area annexed after September 1, 1981 unless:
(1)
The firearm is a shotgun, air rifle or pistol, BB gun, or bow and arrow; and
a.
Discharged on a tract of land of ten acres or more;
b.
Discharged more than 150 feet from a residence or occupied building located on another property; and
c.
In a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
NORTH RICHLAND HILLS,
ARTICLE I. IN GENERAL North Richland Hills, Texas Code of Ordinances
Sec. 50-1. Discharge of firearms, fireworks, etc., prohibited.
(a)
Prohibition. It shall be unlawful, except when specifically authorized by the chief of police or as otherwise designated by the city manager, for any person to discharge any gun, pistol, or firearm of any kind, or any firecrackers, torpedoes, or any other fireworks within the city limits. Peace officers acting in the line of duty are exempt from the provisions of this section regulating the discharge of firearms. Also exempt is the firing of CO2 or other compressed gas tank rifles or pistols on supervised “paintball” courses occupying at least three acres of land.
(b)
Term defined. The term “firearm” shall be interpreted to include all shotguns, pistols, rifles, BB guns, air rifles, pump-action guns, gas cartridge guns, and pellet guns.
(Code 1975, § 15-5)
State law reference— Discharge of firearms V.T.C.A., Local Government Code § 229.001, V.T.C.A., Penal Code § 42.01(a)(9); fireworks, V.T.C.A., Occupations Code § 2154.001 et seq.
ARTICLE I. IN GENERAL North Richland Hills, Texas Code of Ordinances
Sec. 62-11. Prohibited activities.
The following actions are prohibited in all parks and recreational facilities of the city:
(1)
Weapons. The possession or use of a firearm, pellet gun, air soft gun, paintball gun, bows and arrows, slingshots or any device capable of projecting any object which would or could create injury to another or wildlife or is otherwise considered a potential danger to the public; provided, however, such prohibition shall not apply to the carrying of handguns by duly licensed Texas peace officers or holders of valid Texas concealed handgun permits.
OAK RIDGE NORTH,
ARTICLE I. IN GENERAL – Oak Ridge North, Texas – Code of Ordinances
Sec. 50-3. – Discharge of firearms or air-guns.
(a)
It shall be unlawful for any person to shoot, fire off or discharge any gun, pistol, rifle or other firearm of any description within the corporate limits of the city.
(b)
It shall be unlawful for any person to shoot or discharge any air-gun or air rifle of any kind, character or description, including BB guns, in, on, across or near to any public place, park, street or alley or across any private property used by other persons for residential purposes within the corporate limits of the city.
(c)
This section shall not apply when such firing is done by a law enforcement officer in the lawful discharge of his duties or in the necessary and lawful protection of one’s personal property or premises, unless such firing is recklessly or negligently done.
(Ord. No. 003-80, art. XV, §§ 1, 2, 1-22-80)
ODEM,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
OLMOS PARK,
ARTICLE IV. FIREARMS AND AIRGUNS Olmos Park, Texas Code of Ordinances
Sec. 24-84. Unauthorized discharge.
It shall be unlawful for any person, other than a duly authorized peace officer, to discharge within the city, any gun, pistol or firearm of any kind, or to discharge an air rifle or air pistol of any description by whatever name known that, by means of compressed air, gas, springs, or any other means, is capable of discharging shots, pellets, missiles, or any other solid object or projectile.
(Code 1985, § 10.100; Ord. No. 219, 5-18-1961)
ORANGE,
ARTICLE 7.300 WEAPONS Orange, Texas Code of Ordinances
Sec. 7.302 Discharging Projectiles And Missiles
It shall be unlawful for any person to discharge gravel, marbles, shot, or any projectile, missile, object or material out of a gravel shooter, blowgun, air gun, rubber sling, or compressed gas, compressed air, or spring device, from any public street or public place or on to the private premises of another within the corporate limits of the city, provided, however, that this article shall not be construed to prevent the use of a compressed air device for the delivery of handbills, circulars, or newspapers.
(1982 Code of Ordinances, Chapter 8, Section 4B)
ORE CITY,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
PALESTINE,
ARTICLE I. IN GENERAL – Palestine, Texas – Code of Ordinances
Sec. 74-2. – Discharge of certain weapons.
(a)
Firearms.
(1)
It shall be unlawful for any person to discharge a firearm in the city or upon any property owned by the city.
(2)
Firearm means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
(3)
It is a defense to prosecution under this section that the person discharging the firearm was engaged in conduct outlined in the Texas Penal Code, chapter 9, which is a justification excluding criminal responsibility.
(b)
Air rifles, etc. It shall be unlawful for any person to fire, shoot, discharge or cause to be fired, shot or discharged any air rifle, air pistol or pellet gun of any description, by whatever name known, that is capable of discharging a pellet or any solid object by means of compressed air, gas, springs or other means within the corporate limits of the city.
(c)
Exceptions. This section shall not apply to police officers while in the performance of their official duties or while participating in firearm qualification.
(d)
Penalty. This section is hereby declared to be a health and safety ordinance for the safety of the inhabitants of the city and any person who shall violate a provision of this section shall be deemed guilty of a misdemeanor that upon conviction shall be punishable by a fine not to exceed $2,000.00 as is provided in section 1-13 of this Code.
(Code 1968, § 19-3.1; Ord. No. O-18-94, §§ I, IV, 7-25-94)
ARTICLE V. PARKS AND RECREATION AREAS – Palestine, Texas – Code of Ordinances
Sec. 86-133. – Prohibited acts.
It shall be unlawful for any person to either perform or permit to be performed any of the following acts within a city park:
(9)
Possess or discharge any firearm, air- or gas-operated gun, bow, crossbow, or other missile throwing device;
PALMHURST,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
PARIS,
Sec. 21-4. Shooting air-guns, slingshots, etc.
It shall be unlawful for any person to shoot any air-gun, slingshot or other like device, or to hurl, throw or discharge any gravel, marble, shot or other missile out of a gravel shooter, blow gun, rubber sling or other implement having a spring, rubber, air or other power, within the corporate limits of the city.
(Code 1970, § 18-18)
PASADENA,
ARTICLE I. IN GENERAL – Pasadena, Texas – Code of Ordinances
Sec. 20-3. – Prohibiting firearms, air guns, etc., and their discharge in, across or near public squares, parks, or streets.
(a)
Any person who shall discharge any gun, pistol or other firearm of any description, or who shall shoot an air gun, air pistol, bow and arrow or any like device, in, along, or near any public street, public park, or street within the city shall be guilty of a misdemeanor.
(b)
Any person who shall possess any gun, pistol, firearm of any description, bow and arrow, or any like device in a public park within the city, except the Pasadena Police Department firing range, shall be guilty of a misdemeanor.
(c)
Subsections (a) and (b) shall not apply to bow and arrow, in a public park where there is conducted an archery range maintained or approved by the City of Pasadena Recreation Department.
(Code 1964, § 17-3; Ord. No. 74-75, § 1, 4-16-74)
Cross reference— Streets generally, Ch. 32.
PEARLAND,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
PHARR,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
PINEY POINT VILLAGE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
PLANO,
ARTICLE I. IN GENERAL Plano, Texas Code of Ordinances
Sec. 14-5. Firearms.
(a)
It shall be unlawful for any person to discharge any BB gun, pellet gun, gun, pistol, rifle, or firearm of any kind within the city limits, except within a properly secured indoor firearms range, constructed and maintained in accord with National Rifle Association specifications and standards or upon a range owned and operated by a governmental entity.
(b)
The terms “gun,” “pistol,” “rifle,” and “firearm” as used in this section shall not only be defined as to include all percussion weapons, but shall also include all air guns, air pistols, air rifles, and all other firearms using air pressure to propel a projectile.
(c)
This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, nor to prohibit any citizen from discharging a firearm when lawfully defending person or property.
(d)
Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-4(b).
(Ord. No. 76-1-1, §§ 2—5, 1-12-76; Ord. No. 83-6-22, § 1, 6-27-83; Ord. No. 95-8-41, § I, 8-28-95; Ord. No. 95-12-14, § I, 12-11-95; Ord. No. 2001-4-11, § II, 4-9-01; Ord. No. 2003-8-13, § I, 8-11-03)
State law reference— Disorderly conduct, V.T.C.A. Penal Code, § 42.01.
ARTICLE I. IN GENERAL Plano, Texas Code of Ordinances
Sec. 15-3. Prohibited activities.
(a)
It shall be unlawful for any person to knowingly do any of the acts specified in this section in or upon any park facility, except as otherwise specifically provided:
(2)
Weapons.
b.
To carry or discharge firearms (unless permitted under subsection (a)(2)a. above), facsimile firearms (as defined in section 14-12 of the Code of Ordinances of the City of Plano), fireworks, air guns, bows and arrows, slingshots or any device which would or could project any object which would or could create a fire hazard or any hazard or danger to the public, except with written approval of the parks and recreation director.
POINT COMFORT,
ARTICLE I. IN GENERAL Point Comfort, Texas Code of Ordinances
Sec. 24-3. Discharge of weapons.
It is unlawful to discharge within the city any air-gun, air rifle or pellet gun, provided, however, that this section shall not be construed to prohibit any officer of the law from discharging any such gun in the performance of his duty. It is unlawful for any parent or guardian to suffer or allow any child or ward under his parental or guardianship control to discharge within the city any air-gun, air rifle or pellet gun.
(Ord. No. 61-0-5, 3-27-1961)
PORT ARANSAS,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
PORT ARTHUR,
ARTICLE II. WEAPONS AND INCENDIARY ITEMS – Port Arthur, Texas – Code of Ordinances
Sec. 62-63. – Weapons.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearm means any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning sensation or any device readily convertible to that use.
Handgun means any firearm that is designed, made or adapted to be fired with one hand.
Water pistol, air pistol, air gun, air rifle means any instrument fired or discharged by human beings, wherein a pellet, charge or load is hurled from such instrument upon the release of a compressed spring, compressed air or a compressed fluid of any sort.
(b)
Carrying loaded. Except as to those persons authorized by state law, it shall be unlawful for any person to carry or transport within the city any firearm, air gun, air pistol, air rifle or water pistol loaded with a cartridge or pellet, whether combustible or not.
(c)
Discharge prohibited; exceptions. It shall be unlawful for any person to discharge, fire, explode, use or set off any kind or character of firearm, water pistol, air gun, air rifle, air pistol or similar device, on, upon or across any public street, alley, square, park or public property within the city; provided, however, that nothing in this section shall apply to duly authorized police officers, sheriffs, constables and other law enforcing officers of the city, state, county or nation. It shall be unlawful for any person to discharge within the corporate limits of the city a rifle or any other firearm using ball ammunition; except, however, handguns and shotguns. Such prohibition shall not apply to duly authorized police officers, sheriffs, constables and other law enforcing officers of the city, state, county or nation, or to the use of a firearm in defense of the life of a person.
(Code 1961, §§ 14-22—14-24)
State law reference— Discharging weapons in public places, V.T.C.A., Penal Code § 42.01.
ARTICLE II. CONDUCT IN PUBLIC PARKS – Port Arthur, Texas – Code of Ordinances
Sec. 70-46. – Hunting and firearms.
No person in a park shall hunt, trap or pursue wildlife at any time. No person in a park shall use, carry or possess firearms of any descriptions or air rifles, spring-guns, bow and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
Cross reference— Weapons and incendiary items, § 62-61 et seq.
ARTICLE II. CONDUCT IN PUBLIC PARKS – Port Arthur, Texas – Code of Ordinances
Sec. 70-46. – Hunting and firearms.
No person in a park shall hunt, trap or pursue wildlife at any time. No person in a park shall use, carry or possess firearms of any descriptions or air rifles, spring-guns, bow and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
Cross reference— Weapons and incendiary items, § 62-61 et seq.
PORT LAVACA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
PORT NECHES,
ARTICLE I. IN GENERAL – Port Neches, Texas – Code of Ordinances
Sec. 78-1. – Firearms, air guns, compressed fluid pistols, and bows and arrows.
(a)
Definitions. For purposes of this section, the following definitions shall apply:
Compressed fluid pistol, air pistol, air gun and air rifle mean any instrument fired or discharged by human beings wherein a shot, pellet, charge, load, or any solid object is hurled from such instrument upon the release of a compressed spring, compressed air, compressed gas, or a compressed fluid of any sort.
Firearm means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance, or any device readily convertible to that use. The term “firearm” does not include nail guns or other types of compression tools or other tools activated by explosives used in the construction industry.
(b)
Discharge of firearms prohibited. It shall be unlawful for any person to discharge any firearm within the city limits.
(c)
Discharge of compressed fluid pistols, air guns, and bows and arrows by minors. It shall be unlawful for any minor to discharge any compressed fluid pistol, air pistol, air gun, air rifle, or bow and arrow within the city limits, unless such act is done under the direct supervision of an adult person and is done in a manner so that the shot, pellet, charge, load, arrow, or other object shot or hurled from such instrument shall not land upon or travel across the property of a person other than the property of the adult supervising the activity or property upon which he has permission of the owner to use, or across any public street, alley, square, park, public property, or property line of any other person.
(d)
Discharge of compressed fluid pistols, air guns, and bows and arrows across public property or property of another. It shall be unlawful for any person to discharge any compressed fluid pistol, air pistol, air gun, air rifle, or bow and arrow in such a manner as to propel any projectile, missile, object or other material onto the property of another and/or across any public street, alley, square, park, public property and/or private property line of any other person.
(e)
Defense. It is a defense to prosecution under this section if the person charged with doing one of the acts prohibited in this section was in the actual discharge of his official duties as a peace officer or a member of the armed forces or National Guard, or was justified in committing the act under the penal laws of the state in defending life or property.
(f)
Penalty. Any person having violated this section shall be deemed guilty of a misdemeanor, and upon conviction of such violation shall be fined not more than $500.00.
(Code 1962, § 14-6.1; Ord. No. 1965-3, § 1, 3-16-1965; Ord. No. 1984-08, 5-17-1984; Ord. No. 1998-20, § 1, 6-18-1998)
PORTLAND,
ARTICLE I. IN GENERAL Portland, Texas Code of Ordinances
Sec. 11-11. Firing deadly weapons prohibited; exceptions.
(a)
It shall be unlawful for any person to fire or discharge any gun, pistol, rifle or other firearm of any description within the corporate limits of the city.
(b)
It shall be unlawful for any person to shoot or discharge any air gun or air rifle or BB gun, of any description, within the corporate limits of the city.
(c)
The provisions of the two (2) preceding subsections shall not apply to any peace officer in the discharge of his official duty or to gun clubs or other qualified organizations or individuals who have first been issued a permit for the use of guns within the city limits by the Chief of Police of Portland, Texas.
(Ord. No. 560, §§ 1—3, 11-11-78)
Cross reference— Display of deadly weapons prohibited, § 11-3(10).
PRINCETON,
ARTICLE I. IN GENERAL – Princeton, Texas – Code of Ordinances
Sec. 46-1. – Regulation of firearms.
(a)
Other than a peace officer, no person shall carry a concealed firearm in any city building in which such prohibition is valid under state law.
(b)
It shall be unlawful for any person to discharge a BB gun, pellet gun, gun, pistol, rifle, or firearm of any kind within the city limits, except within a properly secured, indoor firearms range, constructed and maintained in accordance with applicable National Rifle Association specifications and standards or upon a range owned and operated by a governmental entity.
(c)
The term “city building,” as used in this section, is defined as any building or portion of a building owned, occupied, leased, or controlled by the city, for city or public operations and activities. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(d)
The term “handgun,” as used in this section, is defined as any firearm that is designed, made, or adapted to be fired with one hand, and the term “concealed handgun,” as used in this section, is defined as a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
(e)
The terms “gun,” “pistol,” “rifle” and “firearm,” as used in this section, shall not only be defined as to include all percussion weapons, but shall also include all air guns, air pistols, air rifles, and all other firearms using air pressure to propel a projectile.
(f)
This section shall not be construed to prohibit any peace officer from discharging a firearm in the performance of his duty, nor to prohibit any citizen from discharging a firearm when lawfully defending person or property.
(g)
Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-15.
(Ord. No. 96-004, § 1, 2-27-1996)
Federal law reference—Law Enforcement Officers Safety Act of 2004, 18 USC 926B.
State law reference— Municipality may regulate discharge of firearms, V.T.C.A., Local Government Code § 229.001(b)(2); trespass by holder of license to carry concealed handgun, V.T.C.A., Penal Code § 30.06; places where weapons are prohibited, V.T.C.A., Penal Code § 46.03; right to keep and bear arms in lawful defense of self and state, Tex. Const. art. 1, sec. 23.
Sec. 46-2. – Carrying or discharging firearms in city park.
(a)
It shall be unlawful for any person to carry a concealed handgun in a city park, except those persons who are duly licensed by the state to carry a concealed handgun in accordance with the provisions of the Texas Concealed Weapons Act.
(b)
It shall be unlawful for any person to carry or discharge firearms (unless permitted under subsection (a) above), fireworks, air guns, bows and arrows, slingshots or any device which would or could project any object which would or could create a fire hazard or any hazard or danger to the public in a city park, except with joint written approval of the parks and recreation director and the city fire marshal or their designated representatives.
(Ord. No. 96-004, § 2, 2-27-1996)
ARTICLE I. IN GENERAL – Princeton, Texas – Code of Ordinances
Sec. 50-6. – Facility and program operation.
(a)
Prohibited activities.
(1)
Generally.
a.
It shall be unlawful for any person, persons, firm or corporation to do any of the acts specified in this section, except as otherwise provided, in all areas and facilities owned, leased, loaned to, or otherwise controlled by the city.
b.
It shall be unlawful for any person, persons, firm or corporation:
9.
To carry, possess, ignite or discharge any firearm, firework, firecracker, torpedo, bottle rocket, incendiary device, air gun, pellet gun, bow, arrows, slingshot or any other devices which would or could project any object which would or could create a fire hazard or any hazard or danger to the public or any person, except with written approval of the parks and recreation director for participation in an authorized program, or except a duly authorized peace officer in the performance of his duties.
RANCHO VIEJO,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
RICHARDSON,
ARTICLE II. OFFENSES INVOLVING PUBLIC SAFETY Richardson, Texas Code of Ordinances
Sec. 13-32. Firearms.
(a)
Discharge prohibited. It shall be unlawful for any person to fire or shoot or cause to be fired or shot any firearm, rifle, shotgun, automatic rifle, revolver, pistol or any other weapon designed for the purpose of firing or discharging a shell or cartridge, whether such shell or cartridge is blank or live ammunition, or to fire, shoot, discharge or cause to be fired, shot or discharged any air rifle, air pistol or pellet gun of any description, by whatever name known, that is capable of discharging a pellet or any solid object by means of compressed air, gas, springs or other means, within the corporate limits of the city.
ARTICLE III. PARK RULES Richardson, Texas Code of Ordinances
Sec. 15-61. Unlawful acts.
Within the limits of any city park, it shall be unlawful for any person to do any of the acts hereinafter specified, except as may be otherwise provided:
(4)
To carry or discharge any firearms, firecrackers, rockets, torpedoes, or any other fireworks, air guns, BB guns, bows and arrows, slingshots, paint-ball guns, or hit golf balls except in designated areas.
RICHLAND HILLS,
ARTICLE I. IN GENERAL Richland Hills, Texas Code of Ordinances
Sec. 58-1. Firearms.
(a)
Firearms defined. The word firearms as used in this section shall mean any type of gun, rifle, shotgun, revolver, pistol, bb gun or pellet gun which is used or may be used for the firing of a bullet or pellet or pellets caused from the explosion of any type of powder or explosives or any type of mechanical device used for the firing of a bullet or pellet.
(b)
Discharging firearms prohibited. It shall be unlawful for anyone to discharge any firearms within the city. It shall also be unlawful for any parent or those in charge of or charged with the duty of the custody of minor children to permit such children to fire or discharge any firearms within the city.
(c)
Exceptions. Nothing contained in this section shall ever be construed as to prohibit any police official from firing firearms in the discharge of official duties and providing further that this section shall not be interpreted to prohibit a person from protecting his home, property or life.
(Code 1984, ch. 7, § 1)
State law reference— Weapons, V.T.C.A., Penal Code § 46.01 et seq.
ARTICLE I. GENERAL PROVISIONS Richland Hills, Texas Code of Ordinances
Paintball arena means a commercial enterprise offering an enclosed, indoor area for the conduct of paintball games, the sales of paintball guns, paintball ammunition, protective gear, and related equipment and supplies. Such a use may offer sales of food and nonalcoholic drinks as an ancillary use. Such a use does not allow any type of game involving plastic BB pellets.
RICHWOOD,
Chapter 10 MISCELLANEOUS PROVISIONS AND OFFENSES Richwood, Texas Code of Ordinances
Sec. 10-2. Discharge of weapons.
Any person who discharges any gun, pistol or firearm of any kind, or who discharges an air rifle or air pistol of any description, by whatever name known that by means of compressed air, compressed gas, springs or any other means is capable of discharging shots, pellets or any solid object at a velocity in excess of 300 feet per second, or who discharges any cannon cracker or torpedo on or across any public square, street, or alley in the city or within 100 yards of any building shall be deemed guilty of a misdemeanor. A “cannon cracker” is any combustible package more than two inches long and more than one inch through.
(Ord. No. 8B, § 1, 9-24-59)
ROANOKE,
ARTICLE 7.500 PARKS AND RECREATION Roanoke, Texas Code of Ordinances
Sec. 7.503. Prohibited Conduct.
(a)
It shall be unlawful for any person to commit any one or more of the following acts in a public park:
(6)
To carry or discharge firearms, fireworks, BB-guns, air guns, bows and arrows, slingshots, blowguns, rockets or paint-ball guns, unless authorized by the parks and recreation director;
ROBINSON,
ARTICLE II. FIREARMS Robinson, Texas Code of Ordinances
Sec. 12-28. Discharge of air guns, air rifles.
It shall be unlawful for any person to shoot or discharge any air gun or air rifle into, on or across any public street, avenue, alley or highway, or in any public place whatsoever or into or at any person, structure or vehicle; provided such shooting or discharging shall not be unlawful if it is done in the necessary and lawful protection of one’s person, premises or property unless such shooting or discharge is negligently or recklessly done. The terms “air gun” and “air rifle” mean any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by air.
(Ord. No. 94-004, § 3, 8-30-94)
Sec. 12-29. Violations.
Any person who violates any of the provisions of this article or fails to comply therewith or with any of the requirements thereof, shall be guilty of a misdemeanor for each separate offense. Each act or event of firing or discharging or shooting a separate projectile shall be considered a separate offense.
(Ord. No. 94-004, § 5, 8-30-94)
ROCKPORT,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
ROCKWALL,
DIVISION 3. RESTRICTED CONDUCT Rockwall, Texas Code of Ordinances
Sec. 30-102. Discharging weapons.
It shall be unlawful for any person to shoot or discharge any shotgun, rifle, pistol, air rifle, pellet gun, bow, or other device capable of propelling bullets, shot, arrow or any other projectile within 300 feet of the shoreline of Lake Ray Hubbard except in designated authorized areas.
(Code 1982, § 19-42; Ord. No. 72-7, § 7, 8-7-1972)
ARTICLE I. IN GENERAL Rockwall, Texas Code of Ordinances
Sec. 22-2. Discharging firearms.
(a)
As used in this section, the term “firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance, or any device readily convertible to that use.
(b)
It shall be unlawful and an offense for any person to discharge a firearm, rifle, shotgun, automatic rifle, revolver, pistol, crossbow, BB gun, pellet pistol or rifle, or other weapons designed for the purpose of firing or discharging a shell or cartridge, whether the same is blank or live ammunition, at any place within the city limits.
(c)
It shall be a defense to prosecution under this section that the person discharging a firearm was a law enforcement officer in the performance of his official duties; that the person was at a shooting range operated by the United States government, the state or a political subdivision of the state, or which was approved by the police department; that the person was using blank cartridges for a show or theatrical production, or for signal or ceremonial purposes in athletics or sports, or by a military organization.
(Code 1982, § 18-2; Ord. No. 78-13, §§ 1—3, 5-1-1978)
State law reference— Authority to regulate use of firearms, V.T.C.A., Local Government Code § 229.001; discharging firearms in public place, V.T.C.A., Penal Code § 42.01(8).
ROMA,
ARTICLE I. IN GENERAL – Roma, Texas – Code of Ordinances
Sec. 54-1. – Discharge of firearms.
(a)
It shall be unlawful for any person to discharge any gun, pistol or firearm of any kind, or to discharge any air rifle or air pistol of any description whatever, by whatever name known, either by means of compressed air, compressed gas, pumps or any other means capable of discharging shots, pellets or any solid object at any velocity in excess of 300 feet per second, or to discharge any cannon, cracker or torpedo on or across any public square, street or alley, within the city or within 100 yards of any business or house within the city.
(b)
This section shall not apply, however, to persons discharging guns, rifles, pistols or firearms on premises duly licensed as a pistol or rifle range by the city, or any of the areas listed by Texas Local Government Code § 229.002.
(Ord. No. 57, §§ 1, 2, 6-7-1979)
State law reference— Municipality may regulate discharge of firearms, Texas Government Code § 229.001(b)(2); trespass by holder of license to carry concealed handgun, Texas Penal Code § 30.06; places where weapons are prohibited, Texas Penal Code § 46.03; right to keep and bear arms in lawful defense of self and state, Tex. Const. Art. 1, § 23.
ROSENBERG,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
ROUND ROCK,
ARTICLE IV. SHOOTING AND ARCHERY RANGES Round Rock, Texas Code of Ordinances
Sec. 6-95. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them in this section:
Firearm means a weapon capable of discharging a projectile by means of an explosive charge, including without limitation a rifle, pistol, shotgun or any other type of gun; but not including an air pistol or air rifle incapable of discharging a projectile at a muzzle speed in excess of 300 feet per second.
ROWLETT,
ARTICLE II. FIREARMS – Rowlett, Texas – Code of Ordinances
Sec. 34-31. – Use and/or possession of firearms.
(a)
Unlawful action.
(1)
It shall be unlawful for any person to fire, shoot, explode or cause to be fired, shot or exploded, any firearm, rifle, shotgun, pistol, revolver, air rifle, air pistol, paintball gun, pellet gun, BB gun, crossbow or other similar device capable of propelling bullets, shot or other solid or compact substances, whether propelled by powder, fire, compressed air or other force or by a combination of such forces within the city limits.
(2)
It shall be unlawful for any person to possess, display, or brandish any facsimile firearm or air rifle, air pistol, paintball gun, pellet gun, BB gun, crossbow or other similar device in a public place or in an occupied compartment of a motor vehicle within the city limits. For the purposes of this section, facsimile firearm shall mean any device that so closely appears to be a firearm in size, shape, color, or design that it can only be differentiated from a firearm through close inspection or is likely to cause alarm to the general public.
SACHSE,
Chapter 6 HEALTH AND SANITATION Sachse, Texas Code of Ordinances
Sec. 6-4. Firearms.
A.
Discharge of firearms prohibited.
(1)
A person commits an offense if he or she discharges or cause to be discharged within the city limits:
(a)
Any firearm, rifle, shotgun, automatic rifle, revolved [revolver], pistol, or any other weapon designed for the purpose of firing or discharging a shall [shell] or cartridge, whether such shell or cartridge is blank or live ammunition, or
(b)
Any B-B gun, pellet gun, air rifle, bow and arrow, or other device, manufactured, altered or intended to cause any material, item or thing to become a projectile.
SAGINAW,
ARTICLE II. DISCHARGE OF CERTAIN WEAPONS – Saginaw, Texas – Code of Ordinances
Sec. 54-31. – Prohibited.
(a)
It shall be unlawful for any person to discharge, shoot, propel, hurl or fire any air gun, air pistol, BB gun, pellet gun, dart gun or similar gun of any description, kind or species, or any bow and arrow (whether hand or mechanically operated), slingshot, catapult or similar devices, or any nunchakas or other martial arts or dangerous weapons of any kind within the corporate limits of the city.
(b)
The prohibition of this section is intended to apply to any gun, slingshot or other mechanical device (other than firearms, the discharge of which is prohibited and regulated by separate ordinance), which is designed to and capable of hurling or propelling a BB or other shot, pellet, dart, projectile, arrow, rock or similar device a greater distance than 30 feet, regardless of whether the projectile or device is propelled by air, gas, mechanical device, metal or bow or other spring, or elastic material of any kind, but does not include firearms using explosives, the discharge of which is prohibited and regulated by separate ordinance.
(Code 1987, § 13-31)
Sec. 54-32. – Minors not permitted to discharge weapons.
It shall be unlawful for a parent or any other person having legally custody or control of any child under the age of 18 years to permit such child to discharge any such gun, slingshot or other device, as defined and prohibited in section 54-31, within the corporate limits of the city. A violation of section 54-31 by any child under 18 years of age shall be prima facie evidence of the guilt of the parent or other person having legal control or custody of such child. This shall be rebuttable by proof that such violation occurred without the knowledge or consent of the adult.
(Code 1987, § 13-32)
Sec. 54-33. – Minors not to carry weapons.
It shall be unlawful for any child under 18 years of age to carry or transport any gun, slingshot or similar device, as prohibited and defined in section 54-31, within the corporate limits of the city unless such child is accompanied by an adult person during the time of such carrying or transport. It shall be the duty and right of any police officer of the city if he shall find a child in possession of such device in violation of this section to take such gun or device into his official custody, delivering a written and signed receipt to the person from whom it is taken. The receipt shall have printed notice thereon that such property may be reclaimed by the parent or person having legal custody of such child at the city police station or city hall. Any such property seized shall be delivered by the officer to such city office. Prompt notice shall be mailed to the parent or custodian, if their name and address is furnished by the child, of the seizure of such property and the right of the parent or custodian to reclaim it.
(Code 1987, § 13-33)
Sec. 54-34. – Exemptions.
This article shall not be construed as to prohibit the discharge of any pellet or dart gun, or the propelling of any other device mentioned in this article by any police officer, member of the armed forces of the state or nation, a veterinarian or animal control officer, or their agents or employees, in the regular discharge of their duties or to the discharge of bows and arrows or other named devices herein during sporting events supervised by municipal or school authorities, or pursuant to special permits issued by them, with adequate supervision and control to prevent errant carriage of the propelled devices into areas dangerous to the general public.
(Code 1987, § 13-34)
Sec. 54-35. – Application of article.
This article is not intended to prohibit the discharge or use of:
(1)
Toy guns and toy bows propelling blunt plastic bullets and blunt rubber tipped arrows, or similar non-dangerous devices for a distance of not more than 30 feet;
(2)
Toy devices launching toy airplanes, spinning wheels and similar non-dangerous objects for a distance of not more than 30 feet;
(3)
Sporting equipment hurling or propelling balls of various kinds for practice and game purposes; or
(4)
Pinball and target games wherein the projectiles are propelled within an enclosed gaming area of not more than 30 square feet.
(Code 1987, § 13-35)
SAN ANTONIO,
ARTICLE I. IN GENERAL San Antonio, Texas Code of Ordinances
Sec. 21-14. Air gun, paint ball gun or spring gun; furnishing to minor.
(a)
It shall be unlawful for any person within the city to sell, or give to, or place in the possession of, any person under the age of sixteen (16) years, any gun which discharges a bullet or missile by means of compressed air, or any gun discharging a bullet or missile by means of a spring.
(b)
It shall be unlawful for any person to possess, discharge or bring into a public park any gun, which discharges a bullet, missile or paintball by means of compressed air, gas propellant, or any gun discharging a bullet, missile or paintball by means of a spring. It shall be an affirmative defense to any charge that written permission was provided by the director of parks and recreation for a special event.
(Ord. No. 2008-04-17-0317, § 3, 4-17-08)
Editor’s note—
Ord. No. 2008-04-17-0317, § 3, adopted April 17, 2008, amended section 21-14 in its entirety to read as herein set out. Formerly, section 21-14 pertained to air gun or spring gun; furnishing to minors, and derived from the Code of 1950, § 41-19, and the Code of 1959, § 26-26.
Cross reference— Regulation of firearms and weapons, § 21-151 et seq.
ARTICLE VI. REGULATION OF FIREARMS AND WEAPONS San Antonio, Texas Code of Ordinances
Cross reference— Furnishing air gun or spring gun to minor, § 21-14; furnishing toy gun, explosives to minors, § 21-15; carrying loaded rifle or shotgun, § 21-16; certain knives prohibited, § 21-17
SAN MARCOS,
DIVISION 2. WEAPONS San Marcos, Texas Code of Ordinances
Sec. 58.116. Definitions.
In this division:
Air gun means an air gun, air pistol, air rifle, or any other device using air pressure to propel a projectile through a barrel.
Building has the same meaning as V.T.C.A., Penal Code, Chapter 30.
City premises means a building or any portion thereof, and real property or any portion thereof, owned, leased, occupied or controlled by the city. “City premises” does not include streets, sidewalks, parking areas or public parks owned or operated by the city.
Enter or entry means the intrusion of the entire body.
Firearm means:
(1)
A gun, pistol, rifle, or any other device designed, made or adapted to expel a projectile through a barrel by using explosive energy generated by an explosion or burning substance or any device readily convertible to that use; or
(2)
An air gun
Notice has the same meaning as in V.T.C.A., Penal Code, Section 30.05.
(Ord. No. 1996-33, § 1, 4-22-96)
ARTICLE 2. PARKS San Marcos, Texas Code of Ordinances
Weapon means any device from which a shot, projectile, arrow, or bolt is fired by the force of an explosion, compressed air, gas or mechanical device. Weapons include but are not limited to the following: rifle, shotgun, handgun, air rifle, pellet gun, longbow, cross bow, sling shot, blow gun, or dart gun.
SANTA FE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
SCHERTZ,
ARTICLE IV. GUNS, BB GUNS, PELLET GUNS Schertz, Texas Code of Ordinances
Sec. 50-124. Unlawful to fire.
(a)
It shall be unlawful to willfully or intentionally shoot a gun within the limits of the city, except as provided in section 50-125. It shall also be unlawful to throw stones or other missiles, or to shoot or to discharge any stones or other missiles with or from a slingshot of any kind. A person asserting an exception to prosecution under this section shall be required to prove same as a defense under the provisions of the Texas Penal Code and a Code of Criminal Procedure.
(b)
A gun shall include specifically, but not exclusively, any shotgun, pistol, rifle, air rifle, BB gun, bow and arrow and other mechanism that discharges or ejects any bullet, buckshot, or any other metallic object of any size by force of combustion, mechanism, or air gun.
(c)
A violation of this section shall constitute a misdemeanor and upon conviction shall be punishable by a fine pursuant to the general penalty set forth in this Code. In addition, the city may also direct the city attorney to bring a civil action in a court of competent jurisdiction to enforce the provisions of this section.
(Code 1976, § 10-70; Ord. No. 02-M-19, § 1, 9-17-2002)
SEABROOK,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
SEALY,
ARTICLE I. IN GENERAL – Sealy, Texas – Code of Ordinances
Sec. 66-2. – Discharging firearms prohibited; penalty.
Any person who discharges any gun, pistol or firearms of any kind, or who discharges an air rifle or air pistol of any description, by whatever name known that by means of compressed air, compressed gas, springs or any other means is capable of discharging shots, pellets or any solid object at a velocity in excess of 300 feet per second, on or across any public square, street or alley in the city shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided in section 1-7.
(Ord. No. 61-4, § 1, 12-13-1961)
State law reference— Deadly conduct, V.T.C.A., Penal Code § 22.05; discharge of firearms, V.T.C.A., Penal Code § 42.01(a)(9), (11).
ARTICLE III. CONDUCT IN PARKS – Sealy, Texas – Code of Ordinances
Sec. 70-70. – Possession or discharge of weapons prohibited.
It shall be unlawful for any person to carry or possess a firearm of any description, an air rifle, a spring gun, bow and arrow, sling, or any other form of weapon potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device, within a park. Provided, however, a person licensed to carry a concealed handgun under Subchapter H of Chapter 411 of the Texas Government Code, may, within a park, carry or possess a handgun for which that individual has been licensed. No other firearm or weapon described above shall be permitted within a park. Discharging any weapon from within or into a park area is unlawful and strictly prohibited.
(Ord. No. 98-10, § 5, 6-10-1998; Ord. No. 2006-08, § 1, 7-12-2006)
SEGUIN,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
SELMA,
ARTICLE VI. HUNTING Selma, Texas Code of Ordinances
Sec. 14-231. Prohibited acts.
In the interest of public health, safety and the general welfare of the citizens of the city, it shall be unlawful for any person, except as specified in section 14-232 to:
(1)
Hunt or pursue any animal or wildlife at any time within the city limits by means of firearm, either handgun or rifle, or by any weapon or explosive device, including air rifles, spring guns, bow and arrow, slingshot or by any other instrument potentially dangerous to human safety.
(2)
Trap or snare any animal or wildlife at any time within the city limits by means of a steel leg trap, wire snare, pit, net, baited hook, weighted log, wire cage or any other kind of trapping device.
(3)
Use poison or a chemical by itself or in bait or feed to attack and kill wildlife.
(Ord. No. 121586-1, § 2, 12-15-1986)
SHAVANO PARK,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
SHENANDOAH,
ARTICLE II. WEAPONS Shenandoah, Texas Code of Ordinances
Sec. 50-32. Air-guns, BB guns, air rifles—Discharge in public places, parks, streets or alleys. t
It shall be unlawful for any person to discharge any air gun, BB gun, air rifle or toy gun projecting lead or any missiles of any kind, character or description in, on, across or near any public place, park, street or alley within the city.
(Code 1993, § 50-2)
Cross reference— Streets, sidewalks and other public places, ch. 62.
State law reference— Disorderly conduct, V.T.C.A., Penal Code § 42.01.
Sec. 50-33. Same—Discharge on private property.
It shall be unlawful for any person to shoot or discharge any air gun, BB gun or air rifle of any kind, character or description in, on or across any private real property which is occupied or used by other persons for residential purposes or any real property used in connection with such residential use located in the city.
(Code 1993, § 50-3)
Chapter 62 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Shenandoah, Texas Code of Ordinances
Cross reference— Any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing, vacating, etc., any street or public way in the city saved from repeal, § 1-9(5); any ordinance prescribing through streets, parking and traffic regulations, speed limits, one-way traffic, limitations on load of vehicles or loading zones saved from repeal, § 1-9(8); any ordinance providing for local improvements and assessing taxes for such improvements saved from repeal, § 1-9(11); consumption of alcoholic beverages on street, sidewalk or alley, § 6-7; buildings and building regulations, ch. 14; itinerant vendors, § 18-31 et seq.; environment, ch. 38; drilling in streets and alleys, § 38-62; air guns, BB guns, air rifles—discharge in public places, parks, streets or alleys, § 50-32; parks and recreation, ch. 54; traffic and vehicles, ch. 70; parking or standing in alleys, § 70-88; use of streets for storage areas, § 70-93; one-way streets and alleys, § 70-164; driving on divided streets, § 70-165; driving on sidewalk area, § 70-170; utilities, ch. 74; vehicles for hire, ch. 82; floods, ch. 86; signs, ch. 90; signs on street frontage, § 90-123; streets and other rights-of-way, § 94-191 et seq.; engineering and construction standards for streets in subdivisions, § 94-361 et seq.; vegetation, ch. 98; zoning, ch. 102.
ARTICLE III. RULES AND REGULATIONS Shenandoah, Texas Code of Ordinances
Sec. 54-40. Prohibited acts
(19)
No person shall bring into or have in his possession in any park area or facility any firearm, BB gun, air pistol, bow and arrow, crossbow, shotgun, knife or other weapon capable of inflicting injury to persons, animals or public property.
SHEPHERD,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
SHOREACRES,
ARTICLE I. IN GENERAL – Shoreacres, Texas – Code of Ordinances
Sec. 38-1. – Discharge of firearms, combustible materials.
No person shall discharge a grenade, gun, revolver, pistol, BB gun, air gun, cap or cartridge, or other combustible materials of any kind in the city.
(Ord. No. 9A, § 1, 2-27-1961)
DIVISION 2. REGULATION OF PARKS – Shoreacres, Texas – Code of Ordinances
Sec. 42-94. – Prohibited acts.
It shall be unlawful for any person to knowingly do any of the acts specified in this section in or upon any park facility, except as otherwise specifically provided:
Weapons. To carry or discharge firearms, fireworks, air guns, bows and arrows, slingshots or any device which would or could project any object which would or could create a fire hazard or any hazard or danger to the public, except with written approval of the city administrator.
SILSBEE,
ARTICLE I. IN GENERAL Silsbee, Texas Code of Ordinances
Sec. 20-2. Air-guns.
It shall be unlawful to shoot or discharge any air rifle or BB gun within the city.
(Code 1973, § 13-6; Ord. No. 58-5)
State law reference— Regulation of discharge of weapon, V.T.C.A., Local Government Code § 229.002.
SNYDER,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
SONORA,
ARTICLE I. IN GENERAL – Sonora, Texas – Code of Ordinances
Sec. 62-2. – Shooting guns, firearms, fireworks.
(a)
It is declared a misdemeanor for any person to shoot within the limits of the city, any air, spring or other gun that discharges shot, balls, bullets, projectiles or other missiles or fire or discharge any cannon, gun, pistol or firearm of any description, except target guns in shooting galleries, unless in case of urgent necessity.
(b)
It is declared a misdemeanor for any person to fire, explode or set off any fireworks, squib, cracker or other thing containing powder or other combustible or explosive material, anywhere within the limits of the city.
(c)
Any violation of this section is a class C misdemeanor punishable by a fine as provided in section 1-11 of this Code.
(Code 1981, §§ 14-3, 14-4; Ord. No. 586, § 2, 8-21-07)
Editor’s note— Ord. No. 586, adopted August 21, 2007 changed the title of § 62-2 from “Shooting guns, firearms” to “Shooting guns, firearms, fireworks.”
SOUTH HOUSTON,
ARTICLE I. IN GENERAL – South Houston, Texas – Code of Ordinances
Sec. 12-4. – Discharge of firearms or BB or pellet guns.
It shall be unlawful for any person, except a police officer while in the discharge of his duties, to discharge any firearm, BB gun or pellet gun within the city. Any person charged with a violation of this section shall be afforded the equal protection of the state laws pertaining to the use of firearms.
(Ord. No. 421, §§ 1, 2, 5-6-58)
Cross reference— Shooting birds or wild fowl, § 4-2
State law reference— Authority of city to prohibit use of firearms, V.T.C.A., Local Government Code § 342.003(a)(8); discharging firearms, V.T.C.A., Penal Code §§ 22.05, 42.01(a)(7), (9).
SOUTHLAKE,
ARTICLE II. WEAPONS – Southlake, Texas – Code of Ordinances
Sec. 11-31. – Discharge—Prohibited generally.
It shall be unlawful for any person to discharge any gun, pistol, rifle, firearm, crossbow, or any other weapon designed as an air projectile, or an air rifle or air pistol of any description by whatever name known, that by means of compressed air, compressed gas, springs, or any other means is capable of discharging shots, pellets, or any solid object at a velocity in excess of 300 feet per second, within or across the city limits.
(Ord. No. 527, § 1, 1-15-91)
ARTICLE II. CITY PARKS – Southlake, Texas – Code of Ordinances
12-32. – Rules and regulations.
The following regulations and restrictions are prescribed for the use of city parks:
(19)
Projectile devices. No person shall possess, fire, or discharge a device capable of propelling a projectile, including without limitation, any air gun, pistol, bow and arrow, cross bow, or sling shot in a city park; provided, however, the director of community services may permit the temporary occurrence of such activities in a city park for special programs and events.
SPRING VALLEY VILLAGE,
ARTICLE 7.400 DISCHARGING OF GUNS AND PISTOLS Spring Valley Village, Texas Code of Ordinances
ARTICLE 7.400 DISCHARGING OF GUNS AND PISTOLS [4]
(a)
It shall be unlawful for any person to discharge any gun or pistol within the corporate limits of the City of Spring Valley, except as hereinafter provided.
(b)
The provisions of (a) of this article shall not apply to any officer of the law acting in the lawful performance of his or her duties, nor to any person engaged in the lawful defense of person or property, nor to any person lawfully shooting in a gallery or a shooting range. (Ordinance 19, Book II, adopted 6-15-59; Ordinance adopting Code)
(c)
By the term “gun or pistol”, as used in this article, is meant any device designed to project a projectile or projectiles, whether by means of explosives, mechanical force, compressed air or any other means. Included within this definition shall be guns firing BB’s or pellets. (Ordinance adopting Code)
(d)
Any person violating the provisions of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by fine in accordance with the general penalty provision found in Section 1.106 of this code. (Ordinance 19, Book II, adopted 6-15-59)
ARTICLE 1.2100 RULES AND REGULATIONS OF CITY GREENSPACE Spring Valley Village, Texas Code of Ordinances
§ 1.2103 Regulations
It shall be unlawful for any person to:
(q)
Possess or use an air gun or paint gun in the greenspace
STAFFORD,
ARTICLE II. WEAPONS Stafford, Texas Code of Ordinances
Sec. 54-19. Definitions.
The following words, terms and phrases, when used in sections 54-20 and 54-21, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air rifle means any air rifle, BB gun, or other type of gun shooting a pellet, bullet or BB, whether the same is specifically named in this definition or not, other than a firearm.
Firearm means any gun, pistol or firearm of any kind, whether the same is specifically named in this definition or not.
(Code 1992, § 14-1)
Sec. 54-20. Discharge of air rifle.
It shall be unlawful for any person to discharge or shoot an air rifle within the city, except that BB guns may be shot or discharged when at least 200 yards distant from all residences and public buildings, unless prohibited by statute.
(Code 1992, § 14-2)
ARTICLE I. IN GENERAL Stafford, Texas Code of Ordinances
Park Facilities;
Sec. 58-2. Prohibited conduct
(d)
Using or carrying weapons or traps. It shall be unlawful for any person to use, carry or possess a firearm of any description, air rifle, spring gun, bow-and-arrow, sling, or any other form of weapon potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device within a park.
SUGAR LAND,
ARTICLE X. MISCELLANEOUS OFFENSES Sugar Land, Texas Code of Ordinances
Sec. 3-173. Discharge of weapons.
(a)
Definitions. In this article:
Air rifle means a gun that uses compressed air, gas or a compressed spring to launch a projectile of any kind and includes a BB gun.
Bow means a weapon consisting of a curved, flexible strip of material, strung taut from end to end and used to launch arrows.
Crossbow means a weapon consisting of a bow fixed crosswise on a stock, with grooves on the stock to direct an arrow, bolt or other projectiles.
Firearm means a firearm as defined by the Texas Penal Code, as amended.
Range means any public or private facility at which firearm, bow or crossbow training or practice, or both, is regularly conducted under controlled circumstances.
(b)
It is unlawful for a person to discharge a firearm, bow, or crossbow within the corporate limits of the city.
(c)
It is unlawful for a person to discharge an air rifle upon or across any public street, park, or other public property of the city, or upon or across the real property of another person without the person’s consent.
(d)
It is a defense to prosecution under paragraphs (b) or (c) that:
(1)
The firearm, air rifle, bow or crossbow was discharged upon a range;
(2)
The firearm, air rifle, bow or crossbow was discharged by a law enforcement officer acting within the scope of his duties;
(3)
The firearm, air rifle, bow or crossbow was discharged in lawful defense of a person or property; or
(4)
The bow or crossbow discharged was a toy bow or crossbow designed to be used by children.
(Code 1974, § 13-5; Ord. No. 712, §§ 2, 3, 7-3-90; Ord. No. 767, §§ 2, 3, 9-18-91; Ord. No. 798, § 1, 5-19-92; Ord. No. 967, § 1, 10-17-95; Ord. No. 1073, § 1, 11-18-97; Ord. No. 1577, § 19, 8-1-2006)
SURFSIDE BEACH,
ARTICLE II. PARK RULES AND REGULATIONS Surfside Beach, Texas Code of Ordinances
Sec. 28-23. Recreational activities.
No person in a park shall:
(3)
Hunting and firearms. Hunt, trap, or pursue wild life at any time. No person shall exhibit or discharge firearms of any description, or air-rifles, spring-guns, bow-and-arrow, slings or any other forms of weapons potentially inimical to wild life and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
SWEETWATER,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
TAYLOR,
ARTICLE I. IN GENERAL Taylor, Texas Code of Ordinances
Sec. 19-1. Discharge of firearms, air guns, etc.
(a)
It shall be unlawful for any person to fire, shoot or discharge any gun, pistol, shotgun, rifle, air gun or air rifle or any other firearm of any description into, on or across any public street, avenue, alley or highway or in any public park or in any public place whatsoever within the city.
(b)
By the terms “air gun” or “air rifle” is meant any instrument or weapon which is commonly known as an air gun or air rifle and which propels a bullet or other hard pellet with a carrying force of as much as twenty-five (25) yards.
(Ord. No. 66-8, §§ 1, 2, 11-22-66)
TAYLOR LAKE VILLAGE,
ARTICLE I. IN GENERAL Taylor Lake Village, Texas Code of Ordinances
Sec. 46-3. Discharge of firearms.
Any person who discharges any gun, pistol or firearm of any kind, or who discharges an air rifle or air pistol of any description, by whatever name known that by means of compressed air, compressed gas, springs or any other means is capable of discharging shots, pellets or any solid object at a velocity in excess of 300 feet per second in the city, shall be deemed guilty of a misdemeanor.
(Ord. No. 10, § 1, 9-17-62)
TERRELL,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
TEXARKANA,
ARTICLE III. BRINGLE LAKE – Texarkana, Texas – Code of Ordinances
Sec. 29-44. – Firearms, hunting and camping.
(a)
No person on the Bringle Lake property shall hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description or air-rifles, spring-guns, bows and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or other instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into the Bringle Lawe area from beyond park boundaries with any of the aforementioned weapons is prohibited.
(b)
No person shall set up tents, shacks, or any other temporary shelter for the purpose of overnight camping, nor leave on Bringle Lake property after closing hours, any moveable structure or special vehicle to be used for such purposes, such as house trailer, camp trailer, camp wagon, or the like.
(Ord. No. 229-80, § 1, 7-28-80)
TEXAS CITY,
ARTICLE III. WEAPONS – Texas City, Texas – Code of Ordinances
Sec. 78-81. – Carrying firearm on premises owned by city.
(a)
Definitions. As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
THE COLONY,
ARTICLE I. IN GENERAL The Colony, Texas Code of Ordinances
Sec. 13-1. Discharging weapon.
It shall be unlawful for any person to fire or discharge any gun, pistol, rifle or firearm, BB gun, air gun or other such instrument of any description within the city. This section shall not apply in the following instances:
(1)
When the firing is done in the necessary and lawful protection of the person, premises or property, unless such firing is recklessly or carelessly done.
(2)
When the firing is done in a shooting gallery or gunsmith’s establishment and when such shooting gallery or gunsmith’s establishment is properly fitted and arranged for the purpose so that no danger arises therefrom; provided, however, no shotgun of any character, nor any pistol or rifle larger than 22-calibre shall be used in a shooting gallery, and that no shooting gallery shall be lawful in a gunsmith’s establishment except in connection with the necessary repair of the firearm used. A “shooting gallery” must be indoors.
(Ord. No. 17, § 2, 8-1-1977; Code 1983, § 13-1)
State law reference— Unlawful carrying of weapon, V.T.C.A., Penal Code § 46.02.
ARTICLE IV. POSSESSION OF DANGEROUS WEAPONS BY MINORS The Colony, Texas Code of Ordinances
Sec. 13-41. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air gun. Any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but does not mean a firearm.
Chapter 14 PARKS AND RECREATION The Colony, Texas Code of Ordinances
Sec. 14-6. Unlawful acts.
(a)
Within the limits of any city park, it shall be unlawful for any person to do any of the acts hereinafter specified, except as may be otherwise provided:
(3)
To carry or discharge any firearm, firecrackers, rockets, torpedoes or any other fireworks, air guns, BB guns, paintball gun, bow and arrows, and/or slingshots, unless such conduct is specifically permitted on a limited basis in a license agreement approved by the city council that provides appropriate safety precautions, procedures, and protections to ensure the health, safety, and welfare of the citizens of the city.
TOMBALL,
ARTICLE I. IN GENERAL – Tomball, Texas – Code of Ordinances
Sec. 50-3. – Discharge of weapons.
(a)
It shall be unlawful for any person to discharge an air rifle or air pistol of any description, by whatever name known that by means of compressed air, compressed gas, springs, or any other means is capable of discharging shots, pellets or any solid object over any easement, street, alley, park, road, highway, right-of-way or over the private property line of someone other than his own without the written consent of such person, and provided such discharge does not violate any laws of the state.
(b)
No person shall discharge any such air gun or air pistol on public school grounds, public parks, church grounds, or in cemeteries, unless the person has the written approval of the person in charge of such grounds, and provided such discharge does not violate any laws of the state.
(c)
It shall be unlawful for any person within the corporate limits of the city to discharge any firearm, except in the exercise of a right conferred by law, including but not limited to the making of a lawful arrest, the lawful prevention of crime, the lawful exercise of the right of self-defense, the lawful protection of one’s family and/or upon rifle range which is inspected and approved for safety of design and operation by the chief of police.
(Code 1978, § 13-3)
UNIVERSAL CITY,
ARTICLE III. PROTECTION OF PERSON AND PROPERTY Universal City, Texas Code of Ordinances
Sec. 2-7-31. Compressed air and spring guns—Firing.
It shall be unlawful for any person to fire any gun which discharges a bullet, pellet, or missile by means of compressed air, or any other compressed gas, or any gun discharging a bullet, pellet, or missile by means of a spring.
(Ord. No. 125, § 1, 9-22-64)
Sec. 2-7-32. Same—Delivering to minor.
It shall be unlawful for any person to sell to, or give to, or place in the possession of, any person under the age of sixteen (16) years, a gun which discharges a bullet, pellet or missile by means of compressed air, or any other compressed gas, or any gun discharging a bullet, pellet or missile by means of a spring.
(Ord. No. 125, § 2, 9-22-64)
Sec. 2-7-33. Exploding cap or cartridge guns.
It shall be unlawful for any person to sell, give or place in the possession of any person under the age of sixteen (16) years any leaded cartridge or any explosive of any kind, or any gun, toy gun, or cannon capable of exploding or discharging a bullet, pellet or missile by means of any explosive cap or cartridge of any description.
(Ord. No. 125, § 3, 9-22-64)
UVALDE,
Chapter 9.24 WEAPONS Uvalde, Texas Code of Ordinances
010 Firearms—Shooting prohibited.
It is unlawful for any person to discharge any gun, pistol, firearm of any kind or any air rifle or pellet rifle within the city limits.
(Prior code § 19-4)
VAN,
ARTICLE I. IN GENERAL – Van, Texas – Code of Ordinances
Sec. 22-4. – Discharging firearms or air guns.
It shall be unlawful for any person to fire or discharge any gun, pistol, rifle or other firearm, or any BB gun, air gun, or pellet gun, within the city. This section shall not apply to police officers in the discharge of their duties.
(Code 1998, § 11.5)
State law reference— Authority to prohibit discharge of firearms in the city, V.T.C.A., Local Government Code § 229.001.
VAN HORN,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
Venus,
ARTICLE I. IN GENERAL – Venus, Texas – Code of Ordinances
Sec. 16-1. – Weapons and firearms.
(a)
Penalty for discharging certain weapons. It shall be unlawful for any person to discharge any gun, pistol, or firearm of any kind or to discharge any air rifle or air pistol of any description whatever by whatever name known either by means of compressed air, compressed gas, pumps, or any other means capable of discharging shots, pellets, or any solid object at any velocity in excess of 300 feet per second, or to discharge any cannon cracker or torpedo on or across any public square, street, or alley within 100 yards of any business house within the city. Such a person shall be deemed guilty of a misdemeanor and shall be fined not more than $200.00. A “cannon cracker” shall be defined as any combustible package more than two inches long and more than one inch in diameter.
(b)
Pistol or rifle range exemption. This section shall not apply, however, to persons discharging guns, rifles, pistols, or firearms on premises duly licensed as a pistol or rifle range by the city
VERNON,
ARTICLE I. IN GENERAL Vernon, Texas Code of Ordinances
Sec. 36-4. Dangerous weapons—Discharge.
Any person who discharges any gun, pistol or firearm of any kind, or who discharges an air rifle or air pistol of any description, by whatever name known, that by means of compressed air, compressed gas, springs, or any other means is capable of discharging shots, pellets, or any solid object on or across any public square, street, or alley of the city or within 100 yards of any business house within the city shall be guilty of a misdemeanor. Any person who discharges any firearm of any kind, with an extreme range of over one mile, within the boundaries of the portion of the Pease River that is within 5,000 feet of the city limits shall be guilty of a misdemeanor.
(Code 1969, § 18-13; Ord. No. 1602, § 1, 10-31-2012)
State law reference— Similar state law, V.T.C.A., Penal Code § 42.01.
VICTORIA,
ARTICLE I. IN GENERAL – Victoria, Texas – Code of Ordinances
Sec. 15-6. – Weapons; firearms, air rifles, etc.—Discharging prohibited.
It shall be unlawful for any person to discharge any air rifle, or any firearm of any description in the city.
(Ord. No. 84-5, § 2, 4-2-84)
State law reference— Discharging firearm, V.T.C.A. § 42.01(a)(9)—(11).
Sec. 15-7. – Same—Exceptions from provisions.
The provisions of section 15-6 shall not apply to:
(1)
Peace officers, and security officers commissioned by the state;
(2)
Gunsmiths discharging firearms brought to them for repairs;
(3)
Discharge of guns or pistols for training purposes with the permission and at a place approved by the chief of police; or
(4)
Shooting in galleries licensed by the city; or
(5)
Discharge of any air rifle or any firearm with the advance written permission of the chief of police or a designated representative upon a finding that such discharge serves the general health, safety, welfare and education of the community and that such discharge can occur safely.
(Ord. No. 84-5, § 2, 4-2-84; Ord. No. 94-23, § 1, 7-5-94)
VIDOR,
ARTICLE II. WEAPONS – Vidor, Texas – Code of Ordinances
Sec. 46-31. Discharging weapon.
It shall be unlawful for any person to shoot, discharge or cause to be discharged any gun, rifle, pistol, crossbow, or other firearm of any description, or instrument, by whatever name known, that by means of compressed air or compressed gas is capable of shooting or discharging any object, missile or projectile at a velocity of sufficient force to cause damage to any person, animal or property. It is a defense to prosecution under this section that:
(1)
The person was operating a private or public shooting gallery or “turkey shoot” under an unrevoked permit issued in accordance with chapter 14, article VIII.
(2)
Such person was exercising a right conferred by law, including but not limited to the making of a lawful arrest, the lawful prevention of a crime, or the lawful exercise of the right of self-defense.
(3)
Such person was participating in a Civil War reenactment which occurred between the hours of 9:00 a.m. and 7:00 p.m.; provided that the chief of police of the city was notified in writing of the re-enactment at least 24 hours before the re-enactment occurred.
(Ord. No. 600, § 1, 3-30-1988; Ord. No. 862, § 1, 2-27-1997)
WACO,
Chapter 14 MISCELLANEOUS OFFENSES Waco, Texas Code of Ordinances
Sec. 14-4. Discharge of firearms
(b)
Violations.
(1)
It shall be unlawful for any person to recklessly or with criminal negligence, shoot, fire or discharge a firearm of any description within the city limits of the city.
(2)
A violation of this section also occurs if the reckless or criminally negligent discharge of the firearm occurs outside the city limits of the city but the expelled projectile, or any portion thereof, lands inside the city limits of the city.
(3)
It shall be unlawful for any person to intentionally, knowingly, recklessly, or with criminal negligence, to shoot, fire or discharge an air pistol, air rifle, or BB gun across a public right-of-way within the city limits of the city.
WALLER,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
WAXAHACHIE,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
WEATHERFORD,
CHAPTER 11. AIR GUNS, FIREARMS Weatherford, Texas Code of Ordinances
Sec. 6-11-1. Definitions.
Whenever the term “firearms” is used in this chapter, the term shall mean any instrument used in the propulsion of shot, shell or bullets or other harmful objects by the action of gunpowder exploded within it, or by the action of compressed air within it, or by the power of springs and including what are commonly known as air rifles and BB guns.
CHAPTER 5. OFFENSES TO PUBLIC PROPERTY Weatherford, Texas Code of Ordinances
Sec. 6-5-7. Slingshots.
Hereafter it shall be unlawful for any person to shoot any “pea” shooter, bean shooter, slingshot or air gun in, along, upon, over or across the public square, any street, sidewalk, alley or other public grounds in the city.
(8-7-90)
WEBSTER,
DIVISION 1. GENERALLY Webster, Texas Code of Ordinances
Sec. 58-56. Discharging firearms or air-guns on private property.
It shall be unlawful for any person to discharge any gun, pistol or firearm of any kind or to discharge an air rifle or air pistol of any description by whatever name known, by means of compressed air, compressed gas, springs or any other means, that is capable of discharging shots, pellets or any solid object on private property.
(Code 1993, § 15-61)
WESLACO,
ARTICLE I. IN GENERAL Weslaco, Texas Code of Ordinances
Sec. 82-5. Discharging firearms, air guns, etc.
No person shall fire or discharge any gun, revolver, pistol, or other firearm, or shoot any air rifle, BB gun, pellet gun or any other weapon which, by any force or source of energy, propels any solid object at a speed dangerous to the human eye, life or limb, within the city.
(Code 1969, § 18-11; Ord. No. 136, § 1, 2-14-1947; Ord. No. 315, § 1, 8-4-1959)
State law reference— Municipality may regulate discharge of firearms, V.T.C.A., Local Government Code § 229.001(b)(2).
WEST UNIVERSITY PLACE,
ARTICLE I. IN GENERAL West University Place, Texas Code of Ordinances
Sec. 54-4. Air rifles, firearms; possession by children.
(a)
Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adult means any person who is 18 years of age or older.
Air rifle means air rifles and any other type of gun which uses compressed air, gas, or a compressed spring to project a BB, metal pellet, or similar projectile, including BB guns and pellet guns.
Child means any person who is younger than 18 years of age.
Firearm means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosive or burning substance or any device readily convertible to that use.
Range means any public or private facility at which firearms or weapons training or practice, or both, is conducted under controlled circumstances intended to encourage the safe handling of firearms or weapons and at which procedures or facilities are in place that are intended to prevent any projectiles from causing any damage to persons or property.
(b)
Allowing access by a child. It is unlawful for any adult intentionally, knowingly, recklessly, or with criminal negligence to facilitate, suffer, or permit the physical possession of a firearm or an air rifle by a child by allowing the child to obtain unsupervised access to the firearm or air rifle.
(c)
Possession of air rifle by a child. It is unlawful for a child intentionally, knowingly, recklessly, or with criminal negligence to possess an air rifle within the city.
(d)
Allowing discharge of air rifles. It is unlawful for any adult intentionally, knowingly, recklessly, or with criminal negligence to facilitate, suffer, or permit the discharge of a firearm or an air rifle by a child.
(e)
Discharging and shooting generally. It is unlawful for any person to discharge or shoot an air rifle, slingshot, arrow, missile or similar device within the city.
(f)
Certain defenses. It is a defense to prosecution under subsection(b), (c), (d) or (e) that:
(1)
The weapon in question was possessed or discharged upon a range and under the supervision of an adult; or
(2)
The discharge or possession was justified as provided in chapter 9 of the Penal Code.
(g)
Additional defense. It is additionally a defense to prosecution under subsection (b) or (d) that the actor had taken reasonable precautions under the attendant circumstances to ensure that a child would not have the ability to obtain access to the firearm or an air rifle without supervision. Such precautions could include, but need not be limited to, the storage of the firearm or air rifle in a place where, at the time the access was obtained, an unsupervised child would not reasonably have been expected to have been able to gain access. Such precautions could also include:
(1)
Storage of the firearm or air rifle in a locked safe, locked rack, locked hard case, locked soft case, locked drawer, locked cabinet or other locked container; or
(2)
Installation of a lock on the firearm or air rifle to prevent its normal function and discharge.
(h)
Police and law enforcement. The provisions of this section shall not apply to the discharge of a weapon by city police officers or other law enforcement officers while performing their duties.
(i)
State law; seizures. To the extent that any conduct in violation of this section also constitutes a violation of state law, then the conduct shall be punishable under the applicable state law. The city may petition the court hearing charges involving the violation of applicable state law and request that any firearm(s) forming the basis of the violation be permanently seized and thereafter destroyed.
(Code 2003, § 15.004)
WHARTON,
ARTICLE II. THE CITY COUNCIL Wharton, Texas Code of Ordinances
Sec. 17. Powers, enumerated.
All powers of the city, except as otherwise provided by this charter, and the determination of all matters of policy shall be vested in the city council. Without limitation of the foregoing and among the other powers that may be exercised by the council, the following are hereby enumerated for greater certainty:
(19)
Regulate, restrain or prohibit the manufacture, sale, possession or use of fireworks within the city or outside the city limits for a distance of five thousand (5,000) feet; prohibit and restrain the shooting or discharging of firearms or air guns, or the use and practice of any amusement on the streets or sidewalks to the annoyance of pedestrians or persons using such streets or sidewalks; regulate, restrain or prohibit the ringing of bells, or blowing of horns, bugles and whistles, crying of goods, and all other noises, practices and performances tending to the collection of persons in the streets or tending, unnecessarily, to interfere with the peace and quietude of the inhabitants of the city; and regulate, restrain and prohibit all unnecessary noises.
(20)
WHITE OAK,
DIVISION 3. DISCHARGE OF FIREARMS White Oak, Texas Code of Ordinances
Sec. 50-91. Firing certain guns.
Sec. 50-92. Firing BB guns and air rifles.
Sec. 50-91. Firing certain guns.
It shall be unlawful for any person to fire or shoot or cause to be fired or shot any firearm, rifle, shotgun, automatic rifle, revolver, pistol or any other weapon designed for the purpose of firing or discharging a shell or cartridge, whether such shell or cartridge is blank or live ammunition, at any place within the corporate limits of the city except for the protection of persons or private property, and except peace officers while in the performance of their official duties, or by authorized city representatives in the engagement of their official duties. This section shall not prohibit the firing of BB guns.
(Code 1981, § 11.30)
Sec. 50-92. Firing BB guns and air rifles.
It shall be unlawful for any person to fire or shoot a BB gun or any other air-propelled rifle within 500 feet of a residence, public street or oil and gas equipment within the city.
(Code 1981, § 11.31)
DIVISION 2. USE White Oak, Texas Code of Ordinances
Sec. 54-55. Recreational activities.
No person in a park shall:
(6)
Hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description or any air rifles, spring guns, bows and arrows, slings or other form of weapon potentially harmful to wildlife and dangerous to human safety.
WHITE SETTLEMENT,
ARTICLE IV. FIREARMS – White Settlement, Texas – Code of Ordinances
Sec. 34-71. – Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Weapon means a club, explosive weapon, firearm, handgun, illegal knife, knuckles, machine gun, short-barrel firearm, hoax bomb, chemical dispensing devise, and zip gun as defined and set out in V.T.C.A., Penal Code ch. 46 and its successor statutes.
(Code 1987, ch. 6, § 7; Code 2004, art. 8.300(a); Ord. No. 2153-00, 11-14-2000)
Sec. 34-72. – Discharge unlawful.
It shall hereafter be unlawful for any person to fire off or discharge any gun, pistol, rifle or other firearm of any description within the corporate limits of the city. It shall likewise hereinafter be unlawful for any person to shoot or discharge any air gun or air rifle of any description in, on or across, or near to any public place, park, street or alley within the corporate limits of the city. This article shall not apply when such firing is done in the necessary and lawful protection of one’s person, premises or property, unless such firing is recklessly or negligently done.
(Code 1987, ch. 6, § 7; Code 2004, art. 8.300(b); Ord. No. 2153-00, 11-14-2000)
WICHITA FALLS,
ARTICLE I. IN GENERAL – Wichita Falls, Texas – Code of Ordinances
Sec. 78-2. – Shooting or discharging air rifles.
It shall be unlawful to shoot or discharge an air rifle or air pistol that, by means of compressed air or compressed gas, is capable of discharging shots, pellets or any solid objects that is potentially dangerous to human safety, in such a manner that the shot, pellet or solid object so discharged travels on, along or across any public street, sidewalk, alley or other public property or on, along or across any private property which is not owned or controlled by the person who discharged such air rifle or air pistol. It shall be a defense to anyone charged under this section with shooting such a gun on private property not owned or controlled by him that he had permission of the person who owns or controls such private property.
(Code 1966, § 20-24(a)
ARTICLE III. RULES AND REGULATIONS GENERALLY – Wichita Falls, Texas – Code of Ordinances
Sec. 82-61. – Prohibited projectiles in parks.
It shall be unlawful for any person in any park, except in an area specifically designated for such activity, to:
(1)
Shoot or launch arrows, bullets, pellets, bolts, rocks, or other projectiles from a bow, crossbow, firearm, compressed air gun, cannon, or slingshot,
WILLS POINT,
Chapter 24 OFFENSES – Wills Point, Texas – Code of Ordinances
Sec. 24-1. – Discharge of firearms.
(a)
It shall be unlawful for any person to shoot off or discharge any firearms, gas cartridge gun, or air guns within the City limits.
(b)
Any person violating this section shall be subject to the penalties in section 1-12
(Code 1981, §§ 11.1, 11.2)
State law reference— Authority of municipality to regulate the discharge of firearms, V.T.C.A., Local Government Code §§ 217.003, 229.001(b), 229.002, 343.003.
WINONA,
No listed air-gun ordinances. *(State laws & city-wide ordinances may apply throughout County). State Air-gun law reference-Act 10 of 1952-State Air-gun law reference- 752.891 Use or possession of BB handgun by minor. [M.S.A. 28.436(41) ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self-defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
WOODWAY,
ARTICLE I. IN GENERAL – Woodway, Texas – Code of Ordinances
Sec. 12-6. – Discharging air guns.
It shall be unlawful for any person to shoot or discharge any air gun or air rifle into, on or across any public street, avenue, alley or highway, or in any public place whatsoever. The terms “air gun” and “air rifle” mean any instrument or weapon which is commonly known as an air gun or air rifle, and which propels a bullet or other hard pellet with a carrying force as much as twenty-five (25) yards.
(Ord. of 9-27-65, § 3)
WYLIE,
ARTICLE V. WEAPONS Wylie, Texas Code of Ordinances
Sec. 74-81 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates different meaning:
Air soft gun means a spring-operated, gas-operated, or battery powered replica firearm made of hard plastic or light metal that fires plastic or other nonmetallic projectiles.
Firearm means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance, or any device readily convertible to that use. Examples of firearms include, but are not limited to, guns, rifles, shotguns, automatic rifles, revolvers, pistols.
Ice cream vending truck or pushcart means any vehicle from which ice cream or other frozen desserts are sold or offered for sale.
Mobile food vending truck means any vehicle from which food is prepared, pre-package, and sold or offered for sale.
Paintball gun means a projectile weapon that is powered by compressed gas carbon dioxide, nitrogen, or ordinary air, and fires dye-filled gelatinous capsules.
Projectile weapon means any device designed, made, or adapted to expel a projectile, other than firearms. Examples of a projectile weapon include, but is not limited to, pellet guns, BB guns, air soft guns, paintball guns, starter pistol, air rifles, and bow and arrows.
Replica firearm means any device or object that reasonably resembles a firearm, or is a toy version or facsimile of a firearm.
(Ord. No. 2008-31, § 3, 6-24-2008)
Sec. 74-82. Discharge of firearms and projectile weapons.
It shall be unlawful to discharge, or cause to be discharged any firearm, or projectile weapon within the city limits.
(Ord. No. 2008-31, § 3, 6-24-2008)
Utah-
Utah currently has no non-powder Air-gun or spring-gun laws or restrictions.
AMERICAN FORK,
No Air-gun or non-powder gun ordinances listed.
DAVIS COUNTY,
No Air-gun or non-powder gun ordinances listed.
IRON COUNTY,
Chapter 9.08 WEAPONS – Iron County, Utah – Code of Ordinances
9.08.015 – Discharge of firearms or weapons within Three Peaks Recreation Area.
It is unlawful for any person to discharge a firearm or weapon within or into the boundaries of the Iron County Three Peaks Recreation Area, except in those portions of the area specifically designated for the use of firearms or other weapons. Propelling an arrow by a bow shall be considered a discharge of a weapon for purposes of this section. Any device or instrument loaded with powder or other explosive, or a gun or pistol actuated by compressed air, shall be considered a firearm.
(Ord. 216 § 1, 2006)
MOAB,
Chapter 9.28 WEAPONS – City of Moab, Utah – Code of Ordinances
9.28.010 – Discharge of firearms.
No person shall discharge any gun, air gun, pistol or pellet gun within the city, except by accident, in self-defense, in the case of any civil officer in the discharge of his duty, in the case of target shooting after the erection of a proper breastwork or battery for the protection of the citizens or at a regularly licensed shooting gallery.
(Ord. 17-13)
PANGUITCH,
CHAPTER 9.36 WEAPONS Panguitch, UtahCode of Ordinances
9.36.010 Certain acts prohibited.
A.
It is unlawful for any person to fire, discharge or set off any gun, pistol, firearm of any description, or any instrument loaded with powder, other explosive, or any paintball, paint capsule, or other projectile containing paint, ink or any dye, within this city, except by written permission from the police department.
B.
It shall be unlawful for any person to discharge any flipper or sling or air gun within the limits of this city.
C.
Violation of this part is a class B misdemeanor, punishable by a fine of $299.00 or imprisonment in the county jail for six months, or both.
(Ord. 1997-3 § 1; prior code §§ 10-501, 10-502, 10-503)
SALINA,
No Air-gun or non-powder gun ordinances listed.
County of
SALT LAKE,
No Air-gun or non-powder gun ordinances listed.
UINTAH,
No Air-gun or non-powder gun ordinances listed.
Vermont-
Vermont has no law restricting non-powder guns.
BARRE,
No Air-gun restrictions or ordinances listed.
Virginia-
Virginia law explicitly authorizes a locality to:
•Restrict the shooting and use of pneumatic guns in any areas of the locality that are in the opinion of the governing body so heavily populated as to make such conduct dangerous to the inhabitants;
•Require supervision by a parent, guardian, or other adult supervisor approved by a parent or guardian of any minor below the age of 16 in all uses of pneumatic guns on private or public property;
•Specify that minors above the age of 16 may, with the written consent of a parent or guardian, use a pneumatic gun at any place designated for such use by the local governing body or on private property with the consent of the owner; and
•Specify that any minor, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use.
However, no such ordinance may prohibit the use of pneumatic guns:
•At facilities approved for shooting ranges;
•On other property where firearms may be discharged; or
•On or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
Virginia law requires the training of minors in the use of pneumatic guns be done only under direct supervision of a parent, guardian, Junior Reserve Officers Training Corps instructor, or a certified instructor.3 Training of minors above the age of 16 may also be done without direct supervision if approved by the minor’s instructor, with the permission of and under the responsibility of a parent or guardian.4
“Pneumatic gun” means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure.
1.Va. Code Ann. § 15.2-915.4(A).
2.Va. Code Ann. § 15.2-915.4(B).
3.Va. Code Ann. § 15.2-915.4(C). Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges and instructors. Id.
4.Id.
5.Va. Code Ann. § 15.2-915.4(E). Virginia law also requires a school board to expel from school attendance for at least one year any student whom such school board has determined to have possessed a pneumatic gun as defined in subsection E of § 15.2-915.4 on school property or at a school-sponsored activity. Va. Code Ann. § 22.1-277.07.
§ 15.2-915.4. Counties, cities and towns authorized to regulate use of pneumatic guns.
A. A locality may prohibit, by ordinance, the shooting of pneumatic guns in any areas of the locality that are in the opinion of the governing body so heavily populated as to make such conduct dangerous to the inhabitants thereof, and may require supervision by a parent, guardian, or other adult supervisor approved by a parent or guardian of any minor below the age of 16 in all uses of pneumatic guns on private or public property. The ordinance may specify that minors above the age of 16 may, with the written consent of a parent or guardian, use a pneumatic gun at any place designated for such use by the local governing body or on private property with the consent of the owner. The ordinance may specify that any minor, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use. Any penalty for a pneumatic gun offense set forth in such an ordinance shall not exceed a Class 3 misdemeanor.
B. No such ordinance authorized by subsection A shall prohibit the use of pneumatic guns at facilities approved for shooting ranges, on other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
C. Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, Junior Reserve Officers Training Corps instructor, or a certified instructor. Training of minors above the age of 16 may also be done without direct supervision if approved by the minor’s instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges and instructors.
D. Commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use.
E. As used in this section, “pneumatic gun” means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. “Pneumatic gun” includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(2004, c. 930; 2011, c. 832.)
—–
ABINGDON,
Chapter 50 OFFENSES AND MISCELLANEOUS PROVISIONS Abingdon, Virginia Code of Ordinances
Sec. 50-7. Use of pneumatic guns, slingshots, grit shooters; throwing missiles.
(a)
No person shall use any instrument for projecting missiles liable to do any injury to persons or property, such as a slingshot, grit shooter, or any other type of instrument for projecting missiles, in the town. This section shall not, however, be construed to prohibit the use of any pneumatic guns on or within private property with permission of the owner or legal possessor of the property when conducted with reasonable care to prevent a projectile from crossing the boundaries of the property, pursuant to the Code of Virginia 1950, as amended, § 15.2-915.4 and consistent with section 50-6(a) and (d), above.
(b)
It shall also be unlawful for any person to throw any rock, stone or similar dangerous missile in the town.
(Code 1985, § 13-10; Ord. of 2-6-12)
County of
ACCOMACK,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
ALEXANDRIA,
ARTICLE D Air Guns Alexandria, Virginia Code of Ordinances
ARTICLE D Air Guns
Sec. 13-2-71 Definition.
Sec. 13-2-72 Sale, etc., to person under 18 years of age—prohibited.
Sec. 13-2-73 Same—false statement of age.
Sec. 13-2-74 Discharge in city—prohibited.
Sec. 13-2-75 Same—transferee to be informed.
Sec. 13-2-71 Definition.
For the purpose of this article, the word “air gun” shall mean any air rifle, BB gun, spring gun or similar gun or device for the propulsion of shot or other metal pellet by means of compressed air, mechanical spring action or other mechanical method, but shall not mean a firearm. (Code 1963, Sec. 41-20)
Sec. 13-2-72 Sale, etc., to person under 18 years of age—prohibited.
It shall be unlawful for any person to sell, lend, rent or otherwise transfer an air gun or projectiles therefor to any person whom he knows or has reasonable cause to-believe is under 18 years of age. (Code 1963, Sec. 41-21)
Sec. 13-2-73 Same—false statement of age.
It shall be unlawful for any person falsely to represent himself to be 18 years of age or over in order to obtain an air gun. (Code 1963. Sec. 41-22)
Sec. 13-2-74 Discharge in city—prohibited.
It shall be unlawful for any person to discharge an air-gun within the city. This section shall not be construed to prohibit the council from granting permission for the maintenance of shooting galleries or target ranges under suitable regulations. (Code 1963, Sec. 41-23)
Sec. 13-2-75 Same—transferee to be informed.
Any person who sells, rents or lends an air gun shall inform the person to whom it is transferred that it is unlawful to fire or discharge the air gun within the city. (Code 1963, Sec. 41-24)
CHAPTER 2 Weapons Alexandria, Virginia Code of Ordinances
Sec. 13-2-71 Definition.
For the purpose of this article, the word “air gun” shall mean any air rifle, BB gun, spring gun or similar gun or device for the propulsion of shot or other metal pellet by means of compressed air, mechanical spring action or other mechanical method, but shall not mean a firearm. (Code 1963, Sec. 41-20)
Sec. 13-2-72 Sale, etc., to person under 18 years of age—prohibited.
It shall be unlawful for any person to sell, lend, rent or otherwise transfer an air gun or projectiles therefor to any person whom he knows or has reasonable cause to-believe is under 18 years of age. (Code 1963, Sec. 41-21)
County of
ALLEGHANY,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
ALTAVISTA,
DIVISION 2. WEAPONS – Altavista, Virginia – Code of Ordinances
Sec. 46-182.1. – Pneumatic guns.
(a)
As used in this section, “pneumatic gun” means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. “Pneumatic gun” includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(b)
Pneumatic guns may be used at facilities approved for shooting ranges, or on or within private property with permission of the owner or legal possessor. Use thereof must be conducted with reasonable care to prevent a projectile from crossing the bounds of the property. “Reasonable care” means that the gun is being discharged so that the projectile will be contained on the property by a backstop, earthen embankment, or fence. The discharge of projectiles across or over the bounds of the property shall create the rebuttable presumption that the use of the pneumatic gun was not conducted with reasonable care. Minors may use such implements only under the following conditions:
(1)
Minors under the age of 16 must be supervised by a parent, guardian, or other adult supervisor approved by a parent or guardian and shall be responsible for obeying all laws, regulations, and restrictions governing the use thereof.
(2)
Minors 16 years of age and older must have the written consent of a parent or guardian and shall be responsible for obeying all laws, regulations and restrictions governing the use thereof.
(3)
Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, junior reserve officers training corps instructor, or a certified instructor. Training of minors above the age of 16 may also be done without direct supervision if approved by the minor’s instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges and instructors.
(4)
Commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use in areas where such facilities are permitted by the town’s zoning ordinance. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use.
(c)
A violation of this section shall constitute a class 3 misdemeanor.
(Ord. of 10-11-2011(2), § 1)
County of
AMHERST,
ARTICLE III. REGULATIONS GOVERNING CONDUCT IN AMHERST COUNTY PUBLIC PARKS AND RECREATIONAL FACILITIES Amherst County, Virginia Code of Ordinances
Sec. 12-26. Prohibited uses of parks
C.
Weapons. Due to the presence of children and in light of the expectation of safety that county citizens and others have upon entering parks for entertainment and recreational activities, the use or carrying of weapons in county parks is limited as follows:
(1)
Only law enforcement officers engaged in professional duties may discharge in any park any pistol, revolver, shotgun, BB gun, air gun, slingshot, bow and arrow, dart device, or other weapon in which the propelling force is gunpowder, a spring, or air.
County of
BEDFORD,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
BERRYVILLE,
Chapter 18 WEAPONS – Berryville, Virginia – Code of Ordinances
Sec. 18-3. – Discharging air guns.
It shall be unlawful and a Class 4 misdemeanor for any person to discharge an air rifle or air pistol in the town.
(Code 1971, § 18-3)
Cross reference— Penalty for Class 4 misdemeanor, § 1-11.
BIG STONE GAP,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
BLACKSBURG,
ARTICLE I. IN GENERAL Blacksburg, Virginia Code of Ordinances
Section 14-109. Restrictions on use of firearms, bows and arrows, and similar weapons.
(a)
No person shall discharge a firearm of any description within the town. This section shall not apply to any law enforcement officer in the performance of official duties nor to any other person whose said willful act is otherwise justifiable or excusable at law in the protection of life or property, or is otherwise specifically authorized by law. In addition, this section shall not apply to any otherwise lawful discharge while actually engaged in target practice on ranges or other facilities lawfully established and maintained. It shall also not apply to the use of weapons in hunting as described in section 14-110.5 of this Code, as well as the use of blank ammunition at athletic events, military funerals, theatrical performances or events of similar character.
(b)
No person shall use a bow or crossbow within the town, except as permitted by section 14-110.5 of this Code.
(c)
No person shall use a pneumatic gun within the town, except: (i) at approved shooting ranges or (ii) on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property. Supervision by a parent, guardian or other adult supervisor approved by a parent or guardian of any minor below the age of sixteen (16) is required for all uses of pneumatic guns in the town. Any minor, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use.
(d)
Violations of this section involving firearms shall constitute a Class 1 misdemeanor. Violations involving pneumatic guns shall constitute a Class 3 misdemeanor.
(e)
For purposes of this article, the word firearm shall mean any weapon in which ammunition may be used or discharged by explosion. The word ammunition, as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm. The term pneumatic gun means any implement designed as a gun that will expel a BB or a pellet by action of pneumatic pressure. Pneumatic gun includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact. With regard to the use of a pneumatic gun, reasonable care means that the gun is being discharged so that the projectile will be contained on the property by a backstop, earthen embankment or fence. The discharge of projectiles across or over the bounds of the property shall create the rebuttable presumption that the use of the pneumatic gun was not conducted with reasonable care.
(Ord. No. 1563, § 1, 1-12-10; Ord. No. 1611, § 1, 6-14-11)
Editor’s note—
Ord. No. 1563, § 1, adopted Jan. 12, 2010, amended § 14-109 title to read as herein set out. Former § 14-109 title pertained to discharge of firearms.
State law reference— Authority of town to regulate or prohibit discharge of firearms, Code of Virginia, § 15.2-1113; discharging firearms in streets or public places, Code of Virginia, §§ 18.2-280, 18.2-286.
BLACKSTONE,
ARTICLE III. OFFENSES INVOLVING HEALTH AND SAFETY – Blackstone, Virginia – Code of Ordinances
Sec. 38-46. – Discharge of firearms.
(a)
Unlawful; exceptions. Pursuant to Code of Virginia, § 15.1-865, and except as allowed in subsections (b), (c) and (d) of this section, it shall be unlawful for any person to discharge or cause to be discharged any firearm, including air-guns, BB guns or similar devices projecting lead or any missiles, all of which are hereby defined as firearms in the town. Such offense shall be punishable as a class 2 misdemeanor.
County of
BLAND,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
BRISTOL,
ARTICLE II. WEAPONS Bristol, Virginia Code of Ordinances
Sec. 62-36. Dangerous missiles.
It shall be unlawful for any person to discharge within the city any bow, or crossbow, loaded with arrow, or dart. This section shall not be construed to prohibit the use of any bow on an archery range which has been inspected and approved by the police chief.
It shall also be unlawful for any person to discharge within the city any slingshot, blowgun, bean shooter or pneumatic gun including but not limited to an air gun, air pistol, gas gun or gas pistol loaded with rock, shot, bullet, or other object. This section shall not be construed to prohibit the use of any gun or pistol on a rifle or pistol range which has been inspected and approved by the police chief. Additionally, this section shall not be construed to prohibit the use of any slingshot, blowgun, bean shooter or pneumatic gun on or within private property with permission of the owner or legal possessor of the property when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
(Code 1966, § 29-1; Ord. No. 12.01, 1-10-12)
Sec. 62-37. Discharging firearms.
If any person fires off any pistol, gun or other firearm in the city for sport or diversion and not in defense of person, property or home, he shall be guilty of a class 1 misdemeanor.
This section shall not be construed to prohibit use of any gun or pistol on a rifle or pistol range which has been inspected and approved by the police chief.
Additionally, this section shall not be construed to prohibit the use of any pneumatic gun on or within private property with permission of the owner or legal possessor of the property when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
(Code 1966, § 29-2; Ord. No. 12.01, 1-10-12)
State law reference— Willfully discharging firearms in public places, Code of Virginia, § 18.2-280; shooting in or along road or in street, Code of Virginia, § 18.2-286.
County of
BRUNSWICK,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
BUENA VISTA,
DIVISION 1. GENERALLY Buena Vista, Virginia Code of Ordinances
Sec. 22-63. Pointing or brandishing firearm or object similar in appearance.
(a)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Ammunition means cartridge, pellet, ball, missile or projectile adapted for use in a firearm.
Firearm means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material.
(b)
It shall be unlawful for any person to point, hold or brandish any firearm or any air- or gas-operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section other than upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, shall be guilty of a Class 1 misdemeanor
(c)
Any police officer, in the performance of his duty in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding or brandishing such firearm, or air- or gas-operated weapon or object which was similar in appearance to a firearm, with intent to induce fear in the mind of another.
(Code 1967, § 32-2; Code 1981, § 30-1)
State law reference— Similar provisions, Code of Virginia, § 18.2-282.
Sec. 22-64. Discharging firearms.
If any person shall willfully discharge or cause to be discharged any firearm in any street in the city, or in any place of public business or place of public gathering, or anywhere within the city and such conduct is not otherwise punishable pursuant to Code of Virginia, § 18.2-280, he shall be guilty of a Class I misdemeanor. This section shall not apply to any law enforcement officer in the performance of his official duties nor to any other person whose said willful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law, or on public or private property which consists of a single parcel consisting of nine acres or more, and is undertaken in designated, approved and supervised areas by the owner or his designated responsible agent, area designated by the city manager, and is at least 250 feet from any residential lot.
(Code 1967, § 32-3; Code 1981, § 30-3; Ord. of 9-27-1990)
State law reference— Discharge of firearms, Code of Virginia, § 18.2-280; authority of city to regulate or prohibit the discharge of firearms, Code of Virginia, § 15.2-1113.
Sec. 22-65. Discharging air gun, bow, etc.
(a)
No person shall, anywhere within the city, discharge an arrow, shot, stone, gravel shooter or any other similar instrument.
(b)
Such activities shall not be prohibited if undertaken on public properties such as Glen Maury Park or school grounds and private educational institutions if undertaken in designated, approved and supervised areas designated in writing by the city manager.
(c)
Such activities shall not be prohibited on private property if the applicant for such permit is seeking permit for single parcel which consists of nine acres or more and the designated, approved and supervised area designated in writing by the city manager is at least 250 feet from a residential lot.
(Code 1967, § 32-4; Code 1981, § 30-4; Ord. of 9-13-1990; Ord. of 2-17-1994)
CAPE CHARLES,
ARTICLE II. WEAPONS Cape Charles, Virginia Code of Ordinances
Sec. 50-33. Reserved.
Editor’s note—
An ordinance adopted on June 8, 1993, repealed former § 50-33 in its entirety, which pertained to discharging air guns or slingshots.
COUNTY OF
CHARLES CITY,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
CHARLOTTESVILLE,
Chapter 33 WEAPONS Charlottesville, Virginia Code of Ordinances
Sec. 33-7. Discharge of bows and arrows, pneumatic guns, etc.
(a)
No person shall discharge arrows, nails or bullets from a bow or cross-bow in or into any street or other public place, or anywhere within the city discharge shot, gravel, bullets or other similar substances from a sling shot or similar implement. This section shall not be construed to prohibit the use of bows and arrows on authorized archery ranges.
(b)
Pneumatic guns.
(1)
As used in this section, “pneumatic gun” means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. “Pneumatic gun” includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(2)
Pneumatic guns may be discharged only at facilities approved for shooting ranges, or on or within private property with permission of the owner or legal possessor. Use thereof must be conducted with reasonable care to prevent a projectile from crossing the bounds of the property. “Reasonable care” means that the gun is being discharged so that the projectile will be contained on the property by a backstop, earthen embankment, fence or other physical barrier. The discharge of projectiles across or over the bounds of the property shall create the rebuttable presumption that the use of the pneumatic gun was not conducted with reasonable care. Minors may use such implements only under the following conditions:
(i)
Minors under the age of sixteen (16) must be supervised by a parent, guardian, or other adult supervisor approved by a parent or guardian and shall be responsible for obeying all laws, regulations, and restrictions governing the use thereof.
(ii)
Minors sixteen (16) years of age and older must have the written consent of a parent or guardian and shall be responsible for obeying all laws, regulations and restrictions governing the use thereof.
(iii)
Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, junior reserve officers training corps instructor, or a certified instructor. Training of minors above the age of sixteen (16) may also be done without direct supervision if approved by the minor’s instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges and instructors.
(3)
Commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use in areas where such facilities are permitted by the city’s zoning ordinance. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use.
(c)
A violation of this section shall constitute a class 3 misdemeanor.
(Code 1976, § 17-34; 11-7-11)
State law reference— Code of Virginia, § 15.2-915.4.
CHESAPEAKE,
ARTICLE II. FIREARMS AND WEAPONS Chesapeake, Virginia Code of Ordinances
Sec. 46-42. Discharging firearms.
(a)
It shall be unlawful to discharge any firearm, spring-propelled rifle or pistol, or air-propelled rifle or pistol from or across any land or water in the northern part of the city beginning at the Chesapeake/Virginia Beach city line at its intersection with Centerville Turnpike, continuing on Centerville Turnpike in a southerly direction to its intersection with Mount Pleasant Road, continuing on Mount Pleasant Road in a westerly direction to its intersection with the railroad tracks, continuing along the railroad tracks extending northward to its intersection with the Atlantic Intracoastal Waterway, continuing along the Atlantic Intracoastal Waterway extending westward to its intersection with the Southern Branch of the Elizabeth River, continuing westward to its intersection with Interstate Route 64 and continuing along such road to its intersection with Interstate Route 664, continuing to its intersection with the Suffolk city line; except, that this prohibition shall not apply to shotguns discharging pellets under the following conditions:
(1)
On land that is 50 acres or more of contiguous area; and
(2)
Under one ownership and/or lease; and
(3)
Used primarily for agricultural or conservation purposes; and
(4)
The landowner or lessee has applied for a permit from the chief of police to use the property for this purpose. The permit shall be granted by the chief of police if the application meets the requirements of this section; and
(5)
Any person discharging a shotgun as set forth above shall, at all times while engaged in such activity have in his or her possession written permission from the landowner or lessee to discharge such weapon on the premises.
(b)
It shall be permissible to discharge firearms, etc., outside the area described in subsection (a) of this section.
(c)
Any discharge of firearms on any land or water enumerated in subsections (a) or (b) of this section shall be further subject to the provisions that it is unlawful to discharge any firearm, spring-propelled rifle or pistol, or air-propelled rifle or pistol from, on, across or within 150 yards of any building, dwelling, street, sidewalk, alley, roadway or public land or public place within the city limits.
(d)
This section shall not apply to the operation of a shooting event that is sponsored by an organized group, provided the written approval of the chief of police as to the safety and location of the event is obtained prior to the event.
(e)
Nothing in this section shall be construed to prohibit the firing of firearms, rifles and submachine guns and like weapons by law enforcement agencies and military forces in the city as part of authorized training or in the performance of their duties or to any other person whose willful act is otherwise justifiable or excusable at law in the protection of life or property or is otherwise specifically authorized by law including, but not limited to, permits issued by the state department of game and inland fisheries to kill certain animals as authorized by state law.
(f)
This section shall not apply to the killing of deer pursuant to Code of Virginia, § 29.1-529 (1950, as amended) on land of at least five acres that is zoned for agricultural use.
(g)
It shall be permissible to discharge a firearm pursuant to Code of Virginia, § 29.1-519 (1950, as amended) within the area described in subsection (a) of this section where shotguns discharging pellets may be discharged.
(h)
Notwithstanding any other provision in this section, it shall be permissible to discharge pneumatic guns (air-propelled rifles and pistols) at facilities approved for shooting ranges, on other property where firearms may be lawfully discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property in accordance with Virginia Code § 15.2-915.4.B.
(Ord. of 11-12-63; Ord. of 6-9-64; Code 1970, § 17-59; Ord. of 11-11-75; Ord. of 10-14-80; Ord. No. 93-O-097, § 17-59, 7-20-93; Ord. No. 93-O-171, § 17-59, 10-19-93; Ord. No. 00-O-088, 7-11-00; Ord. No. 02-O-139, 11-26-02; Ord. No. 04-O-051, 4-13-04; Ord. No. 04-O-169, 12-14-04; Ord. No. 12-O-030, 3-27-12)
State law reference— Discharge of firearms, Code of Virginia, §§ 15.2-1113, 18.2-280.
County of
CHESTERFIELD,
Chapter 14 OFFENSES—MISCELLANEOUS Chesterfield County, Virginia Code of Ordinances
Sec. 14-14. Same—Pneumatic guns generally.
(a)
The following words and phrases, when used in sections 14-14, 14-15 and 14-16, shall have the following meanings:
Dealer: A person engaged in the business of selling, renting, lending or otherwise transferring pneumatic guns, projectiles, pistols, revolvers or rifles.
Minor: A person under the age of 18 years.
Pneumatic gun: Any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure, including, but not limited to a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact. Weapons classified as firearms are specifically excluded from this definition.
Projectile: A fired or otherwise projected object, such as a bullet, having no capacity for self-propulsion.
(b)
No dealer shall sell, lend, rent or otherwise transfer a pneumatic gun, or projectiles for a pneumatic gun, to any person whom the dealer knows or has reasonable cause to believe to be a minor.
(c)
No person shall give, sell, rent, lend or otherwise transfer any pneumatic gun, or projectiles for a pneumatic gun, to a minor, unless the relationship of parent and child, guardian and ward or adult instructor and pupil exists between the person and the minor.
(d)
Any person violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not more than $500.00.
(Code 1978, § 12-177; Ord. of 9-21-05(2), § 1)
Sec. 14-15. Same—Discharging pneumatic guns across highways, etc.
(a)
No person shall discharge any pneumatic gun on or across any street, sidewalk, alley, public road or public land of the county except on a properly constructed shooting range or on other property where firearms may be discharged. Nothing in this subsection shall prohibit the use of pneumatic guns on or within private property with permission of the owner or legal possessor of the property when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
(b)
Commercial or private areas designated for use a pneumatic paintball guns may be established and operated for recreational use if in compliance with all other applicable laws or regulations. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use.
(c)
Any person violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not more than $500.00.
(Code 1978, § 15.1-23.1; Ord. of 9-21-05(2), § 1; Ord. of 8-24-11(3), § (1))
State law reference— Authority to regulate shooting of firearms, Code of Virginia, § 15.2-1209; shooting along streets generally, Code of Virginia, § 18.2-286.
Sec. 14-16. Same—Discharge of pneumatic guns by minors.
(a)
No minor shall discharge any pneumatic gun outdoors within 300 feet of the dwelling of another, a business establishment, private building, public gathering or public meeting place, unless the minor is accompanied by his parent or guardian, or otherwise supervised in accordance with this section.
(b)
Any minor below the age of 16 who uses pneumatic guns on private or public property shall be supervised by a parent, guardian, or other adult supervisor approved by a parent or guardian.
(c)
Minors the age of 16 or older may, with the written consent of a parent or guardian, use a pneumatic gun at any place designated for such use by the county or on private property with the consent of the owner.
(d)
Any minor, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use.
(e)
Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, Junior Reserve Officers Training Corps instructor, or a certified instructor. Training of minors above the age of 16 may also be done without direct supervision if approved by the minor’s instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the department of defense, or any person authorized by these authorities to certify ranges and instructors.
(f)
Nothing in this section shall prohibit the use of pneumatic guns at facilities approved for shooting ranges, on other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor of the property when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
(g)
Any person violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not more than $500.00.
(Code 1978, § 15.1-23.3; Ord. of 9-21-05(2), § 1; Ord. of 8-24-11(3), § (1))
State law reference— Authority to regulate shooting of firearms, Code of Virginia, § 15.2-1209; shooting along streets generally, Code of Virginia, § 18.2-286.
Sec. 14-17. Same—Minors possessing loaded firearms or carrying firearms in certain cases.
(a)
No person under 18 years of age shall carry any firearm on the streets, alleys, public roads or public lands of the county unless accompanied by his parent or guardian.
(b)
No person under the age of 18 years shall carry or have in his possession while in any public place or upon any public highway a loaded firearm. This subsection (b) shall not apply to a minor (i) in his own home or the curtilage of his home, (ii) while lawfully defending persons or property, (iii) engaged in lawful hunting, or (iv) engaged in marksmanship practice at lawfully established ranges.
(c)
Any person violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not more than $100.00 and the firearm shall be subject to forfeiture to the commonwealth, pursuant to the provisions of Code of Virginia, § 18.2-310, as amended.
(Code 1978, § 15.1-23.5)
COLONIAL BEACH,
Chapter 22 WEAPONS Colonial Beach, Virginia Code of Ordinances
Sec. 22-4. Discharging gravel shooter, air gun, etc.
(a)
No person shall discharge, within the corporate limits of the town, shot, gravel, pellets or any similar substance from a gravel shooter, air gun, air rifle or any similar implement.
(b)
A violation of this section shall constitute a Class 1 misdemeanor.
(Ord. No. 1)
Cross reference— Penalty for Class 1 misdemeanor, § 1-10.
COVINGTON,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
CULPEPER,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
County of
CULPEPER,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
County of
CUMBERLAND,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
DAMASCUS,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
DANVILLE,
ARTICLE II. AIR GUNS Danville, Virginia Code of Ordinances
Sec. 40-16. Definitions.
For the purposes of this article, the following words and terms shall have the meanings ascribed to them in this section:
Air gun. The term “air gun” means any rifle, pistol or other gun, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but it does not mean a firearm.
Dealer. The word “dealer” means any person engaged in the business of selling at retail or renting air guns.
Minor. The word “minor” means any person under the age of eighteen (18) years.
(Code 1962, § 17-5.1)
Sec. 40-17. Discharge of air gun, blow gun, gravel shooter, etc.
No person shall shoot any air gun, blow gun, gravel shooter, slingshot or any other type of missile-throwing device, which is capable of doing injury to persons or property, at any place within the City. A violation of this section shall constitute a Class 1 misdemeanor. This section shall not apply to the following:
(1)
Any ROTC student who is required to shoot an air gun or pellet gun as part of his training; provided, this is done in the presence of, and under the supervision of, the ROTC instructor and/or his assistant at a site designated for this purpose by said instructor and approved by the Chief of Police.
(2)
Any person who shoots any missile-throwing device, such as the air gun, pellet gun or archery equipment, in the presence of, and under the supervision of, the operator, owner or designee of a facility designed for such use and approved by the Chief of Police.
(3)
Notwithstanding any other provision of this section, any person may shoot a BB gun, commonly referred to as the Classic Daisy or similar BB gun, which is designed and manufactured to permit only one (1) pump per shot; provided, however, that it shall be unlawful for any person to discharge such a BB gun from or across any street, sidewalk, alley or public road within the limits of the City or on or across any public land. The projectile from any such gun cannot leave the private property on which it was discharged.
(Code 1962, § 17-5.2; Ord. No. 93-1.7, 1-5-93)
Sec. 40-18. Sale, loan, etc., to minors.
(a)
It shall be unlawful for any dealer to sell, lend, rent or otherwise transfer an air gun to any person whom the dealer knows, or has reasonable cause to believe, to be a minor.
(b)
It shall be unlawful for any person to give, lend or otherwise transfer any air gun to a minor, except where the relationship of parent and child, guardian and ward or adult instructor and pupil exists between such person and the minor.
(Code 1962, § 17-5.2)
Sec. 40-19. Misrepresentation of minor’s age for purpose of obtaining.
It shall be unlawful for any person to falsely represent himself or any other person as being over eighteen (18) years of age in order to purchase or otherwise obtain an air gun.
(Code 1962, § 17-5.4)
Sec. 40-20. Possession by minors on streets or public lands.
It shall be unlawful for any minor to carry or have in his possession any air gun on the streets, alleys, public roads or public lands within the City, unless such minor is accompanied by an adult. This section shall not apply to the carrying of an unloaded air gun in a suitable case or securely wrapped.
(Code 1962, § 17-5.2)
County of
DINWIDDIE,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
DUMFRIES,
ARTICLE II. WEAPONS – Dumfries, Virginia – Code of Ordinances
Sec. 38-46. Discharge of firearms or air guns; hunting; trapping.
(a)
It shall be unlawful for any person willfully to discharge or cause to be discharged any firearm in this town.
(b)
It shall be unlawful for any person to hunt or trap, or to use or shoot an air rifle, BB gun or like pistol or gun in the town.
(c)
This section shall not apply to any law enforcement officer in the performance of his official duties, or to any other person whose willful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law.
(Code 1990, § 10-31)
State law reference— Willfully discharging firearms in public places, Code of Virginia, § 18.2-280.
EMPORIA,
ARTICLE II. WEAPONS Emporia, Virginia Code of Ordinances
Sec. 50-62. Discharging gravel shooters, air guns, or similar implements; bow and arrow.
It shall be unlawful for any person to throw or discharge any shot, stone, gravel, bullet or any other similar thing from a gravel shooter, air gun or similar implement, or bow and arrow. Participants in the Urban Archery Season are excluded from this provision.
(Code 1972, § 14-73; Ord. No. 04-36, § 1, 9-21-04)
FAIRFAX,
DIVISION 1. GENERALLY – Fairfax, Virginia – Code of Ordinances
Sec. 54-173. – Use of pneumatic guns, slingshots.
No person shall use within the city any instrument, including, but not limited to, a pneumatic gun, slingshot or other similar instrument, for projecting missiles liable to do any injury to persons, property or wildlife. The provisions of this section shall not apply to any law enforcement officer or animal control officer in discharging his duties. The provisions of this section shall not apply to any person using pneumatic guns on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property. If any person violates the provisions of this section relating to pneumatic guns, such person shall be guilty of a class 3 misdemeanor.
As used in this section, “pneumatic gun” means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. “Pneumatic gun” includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(Code 1978, § 25-3; Ord. No. 2012-02, § (3), 1-10-2012)
State law reference— Similar provisions, Code of Virginia, § 15.2-915.4.
County of
FAIRFAX,
ARTICLE 1. In General. Fairfax County, Virginia Code of Ordinances
Section 6-1-1. Definitions
Pneumatic gun means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure; it includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
Section 6-1-2.1. Discharge of pneumatic guns in certain places prohibited; exceptions.
(a)
It shall be unlawful for any person to shoot a pneumatic gun in any areas of the County that are so heavily populated as to make such conduct dangerous to the inhabitants thereof, which areas are designated in Appendix J to the Fairfax County Code. Notwithstanding the foregoing, the following acts are not prohibited by this Section:
(1)
Use of pneumatic guns at facilities approved for shooting ranges;
(2)
Use of pneumatic guns on other property where firearms may be discharged;
(3)
Use of pneumatic guns on or within private property with the permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property;
(4)
Shooting or discharge of a pneumatic gun by any law enforcement officer acting in the performance of the duties of a law enforcement agency. For the purposes of this Section the term “law enforcement officer” includes any person defined as a law enforcement officer pursuant to Virginia Code § 9.1-101 and any animal control officer acting in the performance of his or her duty; and
(5)
Shooting or discharge of a pneumatic gun by any representative of the Virginia Department of Game and Inland Fisheries in the performance of duty for scientific collection or wildlife management purposes.
(b)
Whenever any minor below the age of 16 uses any pneumatic gun, the minor must be supervised by a parent, guardian, or other adult supervisor approved by the minor’s parent or guardian. Any minor using any pneumatic gun shall be responsible for obeying all laws, regulations and restrictions governing such use at all times. Violation of this Section shall constitute a Class 3 misdemeanor. (21-94-6; 39-96-6, § 1; 24-04-6; 20-11-6; 31-11-6.)
FALLS CHURCH,
ARTICLE VI. OFFENSES AGAINST THE PEACE AND GOOD ORDER Falls Church, Virginia Code of Ordinances
Sec. 28-151. Willfully discharging weapons in public places.
It shall be unlawful for any person to willfully discharge or cause to be discharged any firearm, bean-shooter, slingshot, bow or crossbow, air rifle, BB gun, spring gun or similar gun or device for the propulsion of shot or other metal pellet by means of compressed air, mechanical spring action or other mechanical method, in any public street or in any place of public business or place of public gathering. This section shall not apply to the discharge or shooting off of such firearm, bean-shooter, slingshot, bow or crossbow, rifle, pistol or shotgun in or upon a range or course, or similar facility when such range or course or similar facility has been approved in writing by the chief of police or designee as presenting no danger to persons, or to the property of others; and provided, further, that this section shall not apply to any law enforcement officer in the performance of the official duties of such law enforcement officer, nor to any other person whose willful act is otherwise justifiable or excusable at law in the protection of the life or property of that person, or is otherwise specifically authorized by law.
(Code 1973, § 24-45; Code 1982, § 22-46; Ord. No. 948)
State law reference— Willfully discharging firearms in public places, Code of Virginia, § 18.2-280.
FARMVILLE,
Chapter 18 OFFENSES—MISCELLANEOUS – Farmville, Virginia – Code of Ordinances
Sec. 18-35. – Projectiles; throwing, shooting.
It shall be unlawful for any person to throw any projectile from any sling, catapult or air gun or to shoot an arrow with any bow or crossbow upon any street, alley or other public place.
(Code 1973, § 18-37)
County of
FAUQUIER,
ARTICLE II. FIREARMS AND HUNTING Fauquier County, Virginia Code of Ordinances
Sec. 15-13. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings ascribed to them thereby, unless the context clearly requires a different meaning:
Firearm. Any gun, firearm, rifle, shotgun, pistol, air gun, air rifle, BB gun, pellet gun or similar devices, designed to expel a projectile through a gun barrel of any length by means of explosives or expansion or release of compressed air or gas.
Pneumatic gun. Any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. “Pneumatic gun” includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(Ord. No. 91-10, 12-17-91; Ord. No. 11-7, 11-10-11)
Sec. 15-14. Discharge of firearm within one hundred yards of occupied structure.
It shall be unlawful to discharge any firearm within one hundred (100) yards of any regularly occupied structure without advance permission of the owner or occupant.
(Ord. No. 91-10, 12-17-91; Ord. No. 11-7, 11-10-11)
Sec. 15-15. Exceptions.
Notwithstanding any other provision of this article, firearms may be used in any prohibited area in the following circumstances:
(1)
The discharge of a firearm on any commercial target, trap or skeet range or hunting preserve lawfully existing under the Zoning Ordinance of Fauquier County upon the adoption of this article.
(2)
The discharge of a firearm on any target or rifle range established and operated by the police or law enforcement department.
(3)
The discharge of a firearm in a private basement or cellar target range.
(4)
The discharge of a firearm in defense of one’s life or to kill any dangerous or destructive wild animal.
(5)
The discharge of a firearm by any duly authorized peace officer or law enforcement official acting in the proper performance of his duties.
(6)
The discharge of blank cartridges in theatrical performances, sporting events or the firing of salutes, at military funerals or other military affairs.
(7)
The discharge of a pneumatic gun on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property. For the purpose of this subsection, the discharge of a projectile across or over the bounds of the property shall create the rebuttable presumption that the use of the pneumatic gun was not conducted with reasonable care.
(Ord. No. 91-10, 12-17-91; Ord. No. 11-7, 11-10-11)
Sec. 15-16. Penalties.
Violation of any provision of section 15-14 of this article shall be a misdemeanor and, upon conviction, shall be punished by confinement in jail for not more than six (6) months, and a fine of not more than five hundred dollars ($500.00), either or both.
(Ord. No. 91-10, 12-17-91)
Sec. 15-17. Carrying of loaded firearms on public highways.
It shall be unlawful for any person to carry or have in his possession while on any part of a public highway within the county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking. The penalty for violation of this section shall not exceed a fine of one hundred dollars ($100.00). The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles, nor to persons acting at the time in defense of persons or property.
(Ord. No. 91-10, 12-17-91)
Sec. 15-18. Hunting, trapping or attempting to hunt along county roads.
(a)
It shall be unlawful to hunt or attempt to hunt with any firearm, any wild bird or wild animal while the person hunting or attempting to hunt is on or within one hundred (100) yards of any primary or secondary highway in this county. It shall also be unlawful to trap or attempt to trap any game animal or furbearer within fifty (50) feet of the shoulder of any primary or secondary highway in the county without the expressed written permission of the landowner.
(b)
The terms “hunt or attempt to hunt” and “trap or attempt to trap” shall not include the necessary crossing of such restricted area for the bona fide purpose of going into or leaving a hunting or trapping area.
(c)
The possession of or immediate control by any person while within the restricted area, whether in or upon a motor vehicle or not, of a loaded rifle or shotgun shall be prima facie evidence of attempting to hunt. In addition, the possession of or immediate control by any person, while within fifty (50) feet of the shoulder of any primary or secondary highway in the county, or set, baited or staked, traps, or similar devices used to trap any game animal or furbearer shall be prima facie evidence of attempting to trap.
(d)
The violation of this section shall be a misdemeanor and punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding thirty (30) days, or by both such fine and imprisonment.
(Ord. No. 91-10, 12-17-91)
Chapter 16 PUBLIC PARKS Fauquier County, Virginia Code of Ordinances
Sec. 16-7. Firearms, knives, weapons, fireworks and explosives.
(a)
It shall be unlawful for any person except a duly authorized law enforcement officer to have in his possession in any park any BB gun, air gun, slingshot, bow and arrow, or dart device, or to discharge any pistol, revolver, shotgun, BB gun, air gun, slingshot, bow and arrow or dart device or other weapon in which the propelling force is gunpowder, a spring or air.*
(b)
It shall be unlawful for any person to use, discharge, or have in his possession any fireworks, firecrackers, explosives or rockets of any kind, except for properly supervised, parks and recreation department-sponsored activity in designated areas at designated times.
(c)
It shall be unlawful for any person to use, carry or have in his possession any knife with a blade of more than three (3) inches except where such knife is necessary for preparation of food within any park.
(Ord. No. 99-1, 2-16-99; Ord. No. 03-04, 7-21-03; Ord. No. 09-07, 10-8-09; Ord. No. 11-4, 6-9-11)
Note—* Following the adoption of Ordinance No. 09-07, the General Assembly amended § 15.2-915 of the Code of Virginia to prohibit the County from adopting or enforcing any ordinance. . .”governing the purchase, possession, transfer, ownership, carrying, storage or transportation of firearms, ammunition, or components or combinations thereof other than those expressly authorized by statute”. Any provision of section 16-7 of this Code which is in conflict with § 15.2-915 of the Code of Virginia is invalid and unenforceable.
FLOYD COUNTY,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
Franklin,
Chapter 31 WEAPONS – Franklin, Virginia – Code of Ordinances
Sec. 31-5. – Discharging gravel shooter, air gun, etc.
No person shall discharge, within the corporate limits of the city, shot, gravel, pellets or any similar substance from a gravel shooter, air gun or any similar implement.
(Code 1962, § 31-3)
County of
FRANKLIN,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
FREDERICKSBURG,
Chapter 54 MISCELLANEOUS OFFENSES Fredericksburg, Virginia Code of Ordinances
Sec. 54-6. Use of air rifles, slingshots and similar devices.
It shall be a class 3 misdemeanor for any person to use any slingshot, pneumatic gun, air rifle, BB gun, etc., or similar device within the city limits, except as may be permitted under the provisions of section 54-7. However, nothing herein shall prohibit the use of pneumatic guns at facilities approved for shooting ranges, or other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
As used herein, “pneumatic gun” means any implement designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure, including any paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(Code 1991, § 13-9; Ord. No. 11-27, § I, 9-27-2011)
County of
GLOUCESTER,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
County of
GOOCHLAND,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
GORDONSVILLE,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
County of
GREENE,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
GREENSVILLE,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
County of
HALIFAX,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
HAMPTON,
ARTICLE II. FIREARMS, AIR GUNS, SPRING GUNS AND SIMILAR IMPLEMENTS – Hampton, Virginia – Code of Ordinances
ARTICLE II. – FIREARMS, AIR GUNS, SPRING GUNS AND SIMILAR IMPLEMENTS [2]
Sec. 40-15. – Reserved.
Editor’s note—
Ord. No. 1107, adopted Oct. 13, 1993, repealed § 40-15, pertaining to possession of loaded firearms by certain minors and derived from Ord. No. 1075, adopted Jan. 27, 1993.
Sec. 40-16. – Possession by certain minors.
(a)
It shall be unlawful for any person under the age of fourteen (14) years to have in his possession any air gun, spring gun, pellet gun or similar implement, unless such person under the age of fourteen (14) years is accompanied by his parent, guardian or other capable adult.
(b)
A violation of this section shall be punishable by a fine of not more than one hundred dollars ($100.00), and the air gun, spring gun, pellet gun or similar implement possessed in violation hereof may be confiscated by the court.
(Code 1964, § 27.1-58; Ord. No. 601, 12-13-78; Ord. No. 1074, 1-27-93; Ord. No. 1107, 10-13-93; Ord. No. 1467, 3-28-07)
County of
HANOVER,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
HARRISONBURG,
ARTICLE C. DANGEROUS USE OF FIREARMS OR OTHER WEAPONS Harrisonburg, Virginia Code of Ordinances
Sec. 16-6-36. Gravel shooters, air guns, slingshots, etc.
No person shall within the city shoot any air gun, gravel shooter, slingshot or any other type of missile-throwing device on which is capable of doing injury to persons or property.
(Code 1973, § 19-18)
HAYMARKET,
ARTICLE I. IN GENERAL Haymarket, Virginia Code of Ordinances
Sec. 30-8. Discharging firearms, pneumatic guns, slingshots, grit shooters, bows and arrows, etc.
(a)
If any person shall willfully discharge or cause to be discharged any firearm in the town, he shall be guilty of a class 1 misdemeanor. This section shall not apply to any law enforcement officer in the performance of his official duties nor to any other person whose willful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law. The term “firearm” means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material; or the frame or receiver of any such weapon.
(b)
No person shall discharge or use in the town any non-explosive weapon defined as a pneumatic gun (e.g. paintball gun, BB gun, pellet gun, etc.), slingshot, grit shooter, bow and arrow, or any other non- explosive device designed or intended to be used to launch or shoot projectiles, where such discharge or use is likely to do or cause injury to any person or property. Notwithstanding anything to the contrary, the use of non-explosive weapons by adults, minors under the age of 16 with the supervision of a parent or guardian, or minors over the age of 16 with the written consent of a parent or guardian shall not be prohibited at facilities approved for shooting ranges, on other property where firearms may be lawfully discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from causing injury to any person or property.
(Ord. No. 20130107, § 1, 1-7-2013)
Editor’s note—
Ord. No. 20130107, § 1, adopted January 7, 2013, amended section 30-8 in its entirety to read as herein set out. Formerly, section 30-8 pertained to discharging firearm or air rifle, and derived from the Code of 1989, § 9-7.
State law reference— Dangerous use of firearms or other weapons, Code of Virginia, § 18.2-279 et seq.; willfully discharging firearms in public places, Code of Virginia, § 18.2-280; shooting in or across road or in street, Code of Virginia, § 18.2-286.
County of
HENRICO,
ARTICLE II. PARK RULES Henrico County, Virginia Code of Ordinances
14-41. Dangerous devices.
No person, other than any law enforcement officer, firefighter or county security officer in the course of his respective employment, shall have in his possession, in any park, any air or gas-powered gun, slingshot, bow and arrow, crossbow, dart device, boomerang or any other device, other than a firearm, designed for high-speed missile projection, except in areas designated and posted by the county as areas in which one or more of these devices are permitted for recreational use.
(Code 1980, § 15.1-8; Code 1995, § 14-41; Ord. No. 1040, § 1, 2-25-2003; Ord. No. 1070, § 1, 8-10-2004)
Cross reference— Weapons, § 13-61 et seq.
County of
HENRY,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
HERNDON,
ARTICLE II. FIREARMS, CROSSBOWS, AND PNEUMATIC GUNS Herndon, Virginia Code of Ordinances
Sec. 46-59. Pneumatic guns.
(a)
It is prohibited to shoot a pneumatic gun in all areas of the town, except as set out in the next sentence, because in the town council’s opinion the town is so heavily populated as to make such conduct dangerous to the inhabitants thereof. This subsection shall not apply to the shooting or use of pneumatic guns at facilities approved for shooting ranges, on other property where firearms may be discharged, or on or within private property with the permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
(b)
Any minor below the age of 16 in all uses of pneumatic guns on private or public property must be supervised by a parent, guardian, or other adult supervisor approved by a parent or guardian. Minors 16 years of age or older may, with the written consent of a parent or guardian, use a pneumatic gun on private property with the consent of the owner. Any minor, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use.
(c)
Violation of this section shall constitute a class 4 misdemeanor.
(Ord. No. 12-O-11, § 2, 7-10-2012)
County of
ISLE OF WIGHT,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
KILMARNOCK,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
County of
KING AND QUEEN,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
County of
KING GEORGE,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
County of
KING WILLIAM,
ARTICLE II. RECREATIONAL PROPERTIES – King William County, Virginia – Code of Ordinances
Sec. 46-35. – Dangerous devices.
No person other than any law enforcement officer, emergency service person, or county employed security guard in the course of their respective employment shall have in his possession in any park any slingshot, bow and arrow, crossbow, dart device, boomerang, fireworks, or any other device for high speed missile projection, except in areas designated by the county and with the written permission of the county.
The possession, carrying, storage or transporting of pneumatic guns or firearms and ammunition or components or combination thereof is permitted. No person other than any law enforcement officer, emergency service person, or county employed security guard in the course of their respective employment shall discharge in any park any firearm or other gun, including an air-powered or gas-powered gun except in areas designated by the county and with the written permission of the director. Violators of this section, upon conviction, shall be guilty of a Class 4 misdemeanor.
(Ord. of 3-26-1992, § 9-74; Ord. No. O12-01, 2-27-2012)
County of
LANCASTER,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
LAWRENCEVILLE,
DIVISION 2. WEAPONS – Lawrenceville, Virginia – Code of Ordinances
Sec. 58-231. – Discharging gravel shooters, air-guns, or similar implements. of content
(a)
Any person who shall, anywhere within the town, throw or discharge any shot, stone, gravel, bullet or any other similar thing from a gravel shooter, air gun or similar implement, or bow and arrow, shall be guilty of a class 1 misdemeanor.
(b)
Any person who shall shoot an air rifle or BB gun or firearm of any kind in the town shall forfeit the same to the town on order of the court.
(c)
Air rifles, BB guns and firearms at the discretion and order of the court shall be returned to the owner, or destroyed or delivered to the law enforcement officers of the town for use in the discharge of their duties, or be sold at auction.
(Code 1983, § 10-248)
LEESBURG,
DIVISION 2. WEAPONS Leesburg, Virginia Code of Ordinances
Sec. 24-158. Discharging slingshots, air guns, arrows, etc.
(a)
No person shall discharge or use any slingshot, slung, gravel shooter, bow, crossbow or similar implement on public property without the approval of the town manager. No person shall discharge or use any, bow, cross-bow or similar implement on private property without the approval of the town manager. Such approvals shall be given upon a showing that public safety will not be endangered.
(b)
No person shall discharge a pneumatic gun within the town on public property.
(c)
Pneumatic guns may be used on or within private property with permission of the owner or legal possessor thereof and when conducted with reasonable care to prevent a projectile from crossing bounds of the property. Supervision by a parent, guardian or other adult supervisor approved by a parent or guardian of any minor below the age of 16 is required for all uses of pneumatic guns in the town. Any minor, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use. Reasonable care shall mean that the pneumatic gun is being discharged so that the projectile will be contained on the property by a backstop, earthen embankment or fence. The discharge of projectiles across or over the bounds of the property shall create the rebuttable presumption that the use of the pneumatic gun was not conducted with reasonable care.
(d)
For purposes of this article, this regulation incorporates the provisions of Code of Virginia § 15.2-915.4.
(Code 1963, §§ 24-3, 24-4; Code 1976, § 20-4; Ord. No. 86-0-37, § 1, 7-23-1986; Ord. No. 2011-O-013, § III, 6-14-2011)
County of
LOUISA,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
County of
LUNENBURG,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
LURAY,
ARTICLE II. WEAPONS – Luray, Virginia – Code of Ordinances
Sec. 58-32. – Discharging slingshot, etc.
It shall be unlawful and a Class 4 misdemeanor for any person to discharge or use any sling, slingshot, gravel shooter, or similar implement.
(Code 1965, § 28-2; Code 1981, § 21-6; Ord. of 10-25-2011(6), § 1)
Editor’s note—
Ord. of 10-25-2011(6), § 1, did not specifically amend the title of this section. At the editor’s discretion, the previous title, Discharging slingshot, air gun, etc., was amended as herein set out to reflect that air guns are no longer included in the amended text of the section.
Sec. 58-35. – Pneumatic gun.
(a)
The term “pneumatic gun” shall include any implement designed as a gun that will expel a BB, pellet, paintball, or other similar projectile by action of pneumatic pressure.
(b)
It shall be unlawful for any person to shoot a pneumatic gun in any manner that can be reasonably expected to result in the impact of the projectile upon the property of another, or in any manner conducted without reasonable care to prevent a projectile from crossing the bounds of the property of another, without permission from the owner or tenant of such other property.
(c)
The shooting of a pneumatic gun on private or public property shall require supervision by a parent, guardian, or other adult supervisor approved by a parent or guardian of any minor below the age of 16.
(d)
In any commercial or private area where pneumatic paintball guns are operated, the owner or tenant of such property shall provide the participants with equipment designed to protect their faces, eyes and ears, and shall post signs warning against entry into the area by persons who are not protected by such equipment, or are unaware that pneumatic paintball guns are in use.
(e)
Any violation of this section shall be a Class 4 Misdemeanor.
(Ord. of 10-25-201(2), § 1)
MANASSAS,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
MANASSAS PARK,
Chapter 26 WEAPONS Manassas Park, Virginia Code of Ordinances
Sec. 26-5. Discharging of pneumatic guns, slingshots, grit shooters, bows and arrows, etc.
(a)
No person shall discharge or use in the city any non-explosive weapon (i.e., not a firearm, as defined in section 26-3 above), where such discharge or use is likely to do or cause injury to any person or property. For purposes of this chapter 26, the term “non-explosive weapon” means a pneumatic gun (e.g., paintball gun, BB gun, pellet gun, etc.), slingshot, grit shooter, bow and arrow or other non-explosive device designed or intended to be used to launch or shoot projectiles.
(b)
Notwithstanding anything to the contrary in subsection (a) above, the use of non-explosive weapons shall not be prohibited at facilities approved for shooting ranges, on other property where firearms may be lawfully discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
(Code 1971, § 30-3; Ord. No. 12-1700-914, § 1, 11-1-11)
MARION,
Chapter 46 OFFENSES AND MISCELLANEOUS PROVISIONS Marion, Virginia Code of Ordinances
Sec. 46-12. Discharge of firearms and other weapons
(b)
Discharging pneumatic gun.
(1)
No person shall, anywhere within the Town of Marion, discharge a shot, stone, gravel, BB, pellet, paintball, or similar object from a pneumatic gun, or other similar instrument except as authorized by this article. For the purpose of this section, “pneumatic gun” means any implement designed as a gun that will expel a BB, pellet, paintball, or similar object by action of pneumatic pressure.
(2)
No person under the age of 16 shall use a pneumatic gun in areas designated as so heavily populated as to make such conduct dangerous to the inhabitants thereof or in areas not so designated without being under the direct supervision by a parent, guardian, or other adult supervisor approved by a parent or guardian of any minor below the age of 16 in all uses of pneumatic guns on private or public property. Minors above the age of 16 may, with the written consent of a parent or guardian, use a pneumatic gun on private property with the consent of the owner. The minor, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use.
(3)
The use of pneumatic guns is allowed at facilities approved for shooting ranges, on other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property. Shooting ranges shall be certified by the National Rifle Association, the Commonwealth of Virginia or a federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges.
(4)
Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, Junior Reserve Officers Training Corps instructor, or a certified instructor. Training of minors above the age of 16 may be done without direct supervision of the minor’s parent or guardian, if the training is approved by the minor’s instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Instructors shall be certified by the National Rifle Association, the Commonwealth of Virginia, or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify instructors.
(5)
Commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use.
(6)
As used in this section, “pneumatic gun” means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. “Pneumatic gun” includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(7)
The penalty for a pneumatic gun offense set forth in this section shall be a class 3 misdemeanor.
MARTINSVILLE,
Chapter 24 WEAPONS – Martinsville, Virginia – Code of Ordinances
Sec. 24-5. – Discharge of air guns, gravel shooters, etc.
No person shall shoot any air gun, gravel shooter, slingshot or any other type of missile-throwing device, which is capable of doing injury to persons or property, at any place within the city. A violation of this section shall constitute a Class 1 misdemeanor. This section shall not apply to the following:
(1)
Any ROTC student who is required to shoot an air gun or pellet gun as part of his training; providing this is done in the presence of, and under the supervision of, the ROTC instructor and/or his assistant at a site designated for this purpose by said instructor and approved by the chief of police.
(2)
Any person who shoots any missile-throwing device, such as the air gun, pellet gun or archery equipment, in the presence of, and under the supervision of, the operator, owner or designee of a facility designed for such use and approved by the chief of police.
(Code 1971, § 11-3; Ord. No. 86-7, 9-25-86; Ord. No. 90-11, 7-24-90)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
County of
MONTGOMERY,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
Mount Jackson,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
County of
NELSON,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
County of
NEW KENT,
ARTICLE XXII. SITE PLANS; PERFORMANCE STANDARDS New Kent County, Virginia Code of Ordinances
Sec. 98-873. Specific conditions applicable to public
(c)
Standards for archery, firearms, air gun and paintball ranges
(1)
Standards for all ranges
a.
A written list of the current range rules shall be prominently posted throughout the facility and filed with the department of community development. The operator of the range will require that each new user sign and date a copy of the range rules, stating that the user agrees to abide by such rules.
b.
A safety plan, meeting at the minimum the safety standards set forth in the National Rifle Association (NRA) Range Source Book, or its equivalent, shall be created for any range operation. Said plan shall be submitted for review to the sheriff and fire chief (or the director of public safety if appointed). Amendments to safety plans shall be reviewed prior to implementation. The safety plan shall address such items as the required certification of instructors and range masters, supervision of patrons, type of targets and methods of use, use of protective eyewear and equipment, and other similar operational requirements.
c.
Typical safety equipment for the type of shooting practiced at the range facility shall be required to be worn by all participants or spectators when in the vicinity of a shooting range. Signage shall be posted and shall conform to OSHA safety signage regulations.
d.
Being under the influence of alcohol, illegal drugs, prescription drugs, and over-the-counter drugs which impair judgment or motor control on range property is prohibited.
e.
Alcoholic beverages are prohibited on range property during range operations.
f.
The decibel limit at the property line of the range facility shall coincide with the appropriate standards set forth in the NRA Range Source Book.
g.
The range facility operator shall report in writing to the sheriff all known on-site and off-site projectile wounds and off-site property damage resulting from activity at the range facility and any measures that are proposed to address any deficiencies that may have contributed to the wounds or damages. The report shall be made within 24 hours after the existence of the projectile wound or damages become known to the operator.
h.
All shooting stations will be designed so they are directed away from all existing residential uses and residentially-zoned properties and all shooting of projectiles will occur only in a direction away from such existing uses and properties.
i.
In the construction of new safety features at existing ranges, county zoning, environmental, and building fees will be waived by the county provided a written request is presented to, and approved by, the department of community development prior to construction.
j.
For outdoor ranges, warning signs shall be posted at 100-foot intervals along the entire perimeter. Each sign shall include warning language along with a visual warning icon and shall comply with OSHA’s danger and warning sign requirements.
k.
Any indoor shooting range shall be designed to contain all projectiles fired.
l.
All other state and federal safety regulations shall be followed.
m.
Hours of operation for outdoor ranges shall not begin before 7:00 a.m. or sunrise, whichever is later, and shall end no later than 7:00 p.m. or sunset, whichever is earlier, or such fewer hours as may specified by the issuance of a conditional use permit.
n.
Copies of all current certificates of insurance shall be provided annually to the county.
(3)
Standards for shotgun, pistol, rifle and air gun ranges
a.
Outdoor ranges.
1.
Discharge of firearms outdoors during Sunday hours shall not be permitted unless specifically authorized by the issuance of a conditional use permit.
2.
A three-sided earthen berm or other similar structure providing at least the equivalent safety must surround all firearms ranges so as to prevent the escape of projectiles. Overhead baffles must also be in place to prevent the escape of projectiles. All containment structures must be in accordance with the standards set forth in the NRA Range Source Book.
3.
Noise abatement barriers equal to or better than the NRA guidelines set forth in the NRA Range Source Book shall be utilized and shall appear on the site plan.
4.
When any part of an outdoor range encompasses water, wetland and Chesapeake Bay Resource Protection Areas, no lead bullets or shot shall be used. If steel shot is required, shot no larger than number six shall be allowed. If the state approves an alternative to steel shot, it shall be allowed, but shot shall be no larger than number six.
5.
Ranges for shotgun slugs, rifles, and pistols must install a rubber membrane or similar catching device shall be installed to prevent lead runoff.
6.
Spent bullets, bullet waste, and slugs shall be retrieved from outdoor ranges at least once a year.
b.
Indoor ranges.
1.
A ventilation system that complies with the OSHA standards for lead dust dissipation shall be installed and annually inspected.
2.
Regular cleaning of the facility shall be performed so as to minimize the impact of lead dust.
3.
Other lead monitoring and control actions shall be performed as stated in the NRA Range Source Book.
(4)
Standards for combat-style firearm ranges.
a.
All combat-style firearm ranges shall require a range master to be present at all times of operation.
b.
All combat-style firearm ranges shall be cold ranges.
c.
All combat-style firearm ranges shall be designed to contain all bullets fired within the property.
d.
The applicable standards for outdoor or indoor shotgun, pistol, rifle, and air gun ranges apply to combat-style firearm ranges.
NEW MARKET,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
NEWPORT NEWS,
ARTICLE I. IN GENERAL Newport News, Virginia Code of Ordinances
Sec. 43-1. Definitions.
For the purposes of this chapter, the following words and terms shall have the meanings respectively ascribed to them by this section:
Pneumatic gun. The term “pneumatic gun” shall mean any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. “Pneumatic gun” includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(Ord. No. 265, §§ 1, 12; Ord. No. 1213, § 1; Code 1961, §§ 42-1, 42-4; Ord. No. 6043-04, § 1; Ord. No. 6882-12, § 2)
Editor’s note—
Ord. No. 6882-12 shall be in effect on and after July 1, 2012.
Sec. 43-10. Pneumatic guns.
(a)
Pneumatic guns may be used at facilities approved for shooting ranges, on other property where firearms may be discharged, or on or within private property with the permission of the owner or legal possessor thereof. Such use must be conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
(b)
Minors may use pneumatic guns under the following conditions:
(1)
Minors under the age of sixteen (16) must be supervised by a parent, guardian, or other adult supervisor approved by a parent or guardian in all uses of pneumatic guns.
(2)
Minors sixteen (16) years of age or older may use pneumatic guns with the written consent of a parent or guardian.
(3)
Any minor, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations, and restrictions governing the use of pneumatic guns.
(4)
Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, Junior Reserve Officers Training Corps instructor, or a certified instructor. Training of minors sixteen (16) years of age or older may also be done without direct supervision if approved by the minor’s instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges and instructors.
(c)
Commercial or private areas designated for the use of pneumatic paintball guns may be established and operated for recreational use in areas where such facilities are permitted by the city’s zoning ordinance. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use.
(d)
A violation of this section shall constitute a Class 3 misdemeanor.
(Ord. No. 265, § 6; Code 1961, § 42-6; Ord. No. 3284-85; Ord. No. 6882-12, § 2)
Editor’s note—
Ord. No. 6882-12 shall be in effect on and after July 1, 2012.
Sec. 43-11. Exceptions.
(a)
Nothing in this article shall be construed to prohibit the use of firearms in self-defense, if such use is not otherwise contrary to existing law, or the use of firearms by any police officer, city sheriff, deputy sheriff or conservator of the peace, or to prohibit the discharge of blank cartridges in theatrical performances or sporting events or to prohibit the firing of salutes by firing squads at law enforcement and military funerals held at a cemetery or place of worship.
(b)
Nothing in this article shall be construed to prevent the shooting of firearms within the city on a gunnery range or in a shooting area operated in accord with article II of this chapter.
(c)
Nothing in this article shall be construed to prohibit the discharge of blank cartridges by a nationally recognized veterans group and federal or state military representatives, in the commemoration of any state or national holiday, if written notice identifying the time, date, location and description of the intended discharge has been provided to the chief of police at least five (5) days prior to the event.
(d)
Nothing in this article shall be construed to prohibit the discharge of pyrotechnic bird scaring devices for dispersing birds and wildlife pests, provided that each use is first approved by the chief of police or his designee who may impose restrictions on the time, manner and use of such devices, and provided further, that the Peninsula Airport Commission and the Department of Parks, Recreation and Tourism need not obtain such approval prior to using the devices.
(e)
Nothing in this article shall be construed to prohibit the killing of deer pursuant to § 29.1-529 of the Code of Virginia, on a parcel of land of at least five (5) acres that is zoned for agricultural use.
(Ord. No. 265, §§ 3, 7; Code 1961, §§ 42-8, 42-10; Ord. No. 5364-99, § 1; Ord. No. 5428-00; Ord. No. 6292-06; Ord. No. 6882-12, § 2)
Editor’s note—
Ord. No. 6882-12 shall be in effect on and after July 1, 2012.
NORFOLK,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
NORTON,
ARTICLE IV. WEAPONS – Norton, Virginia – Code of Ordinances
Sec. 14-139. – Throwing stones, etc., or discharging bow, gravel shooter or air gun.
(a)
No person shall throw stones, sticks or other dangerous missiles or discharge arrows, nails or bullets from a bow or crossbow in any street or anywhere within the city limits discharge shot, gravel, bullets or other similar substances from a gravel shooter, air gun or similar implement.
(b)
A violation of this section shall constitute a Class 4 misdemeanor.
(Code 1975, § 13-12)
Cross reference— Penalty for Class 4 misdemeanor, § 1-11.
Sec. 14-141. – Sale, barter, etc., of toy firearms.
(a)
No person shall sell, barter, exchange, furnish or dispose of, by purchase, gift or in any other manner, any toy gun, pistol, rifle or other toy firearm, if the same shall, by means of powder or other explosive, discharge blank or ball charges. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. Each sale of any of the articles hereinbefore specified to any person shall constitute a separate offense.
(b)
Nothing in this section shall be construed as preventing the sale of what are commonly known as cap pistols.
(Ord. of 11-16-82(3), § 60)
Cross reference— Penalty for Class 4 misdemeanor, § 1-11.
State law reference— Similar provisions, Code of Virginia, § 18.2-284.
ORANGE,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
PETERSBURG,
DIVISION 2. WEAPONS – Petersburg, Virginia – Code of Ordinances
Sec. 74-202. – Sale, delivery, etc., of toy firearms discharging blank or ball charges.
(a)
No person shall sell, barter, exchange, furnish or dispose of, by purchase, gift or in any other manner, any toy gun, pistol, rifle or other toy firearm, if the toy gun, pistol, rifle or other toy firearm shall, by means of power or other explosive, discharge blank or ball charges. Any person violating the provisions of this section shall be guilty of a class 4 misdemeanor. Each sale of any of the articles specified in this section to any person shall constitute a separate offense.
(b)
Nothing in this section shall be construed as preventing the sale of what are commonly known as cap pistols.
(Code 1981, § 39-3)
State law reference— Similar provisions, Code of Virginia, § 18.2-284.
Sec. 74-203. – Furnishing certain weapons to minors; penalty.
If any person sells, barters, gives or furnishes, or causes to be sold, bartered, given or furnished, to any minor a dirk, switchblade knife or bowie knife, having good cause to believe him to be a minor, such person shall be guilty of a class 1 misdemeanor.
(Code 1981, § 39-4)
State law reference— Similar provisions, Code of Virginia, § 18.2-309.
Sec. 74-210. – Grit shooters, air guns, etc.
(a)
Discharging. Any person who shall, anywhere within the corporate limits of the city, discharge any shot, gravel, bullet or other similar substance from a grit shooter, air gun, slingshot or similar implement shall be guilty of a class 4 misdemeanor.
(b)
Carrying in public street. Any person who shall carry in the public streets any grit shooter, air gun, sling or anything of like kind, which is generally used for shooting or slinging grit, gravel, stone or any other things, shall be guilty of a class 4 misdemeanor.
(Code 1981, §§ 39-10, 39-11)
POQUOSON,
DIVISION 3. WEAPONS – Poquoson, Virginia – Code of Ordinances
Sec. 54-201. – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air gun means any CO2 gun, air rifle, air pistol, pellet gun, or similar gun or device for the propulsion of any shot or other metal pellet by means of compressed gas, mechanical spring action or other mechanical means or by means of any combination thereof.
Sec. 54-206. – Discharge of air guns, spring guns and firearms generally.
(a)
It shall be unlawful for any person to discharge an air gun, spring gun or firearm from land or any boat, barge, skiff, or other similar vessel along, across or toward, or within 300 yards of any paved public street, highway or road or any building in the city.
(b)
The discharge or use of a rifle, except for a .22 caliber rim fire, is hereby prohibited within the city limits.
(c)
The use of muzzle-loading rifles during the prescribed open seasons for the hunting of game species is permitted in the city; provided, however, that the use of such muzzle-loading rifle shall be only from a stand located at least ten feet in elevation above the ground; provided, however, that the requirement that the use of such muzzle-loading rifle be from a stand located at least ten feet in elevation above the ground shall be expressly inapplicable to all legally handicapped persons.
(d)
A violation of this section shall constitute a Class 4 misdemeanor.
(Ord. No. 1309, §§ 1, 2, 9-22-2008)
PORTSMOUTH,
ARTICLE III. WEAPONS Portsmouth, Virginia Code of Ordinances
Sec. 24-72. Sale, gift, etc., of air rifles to minors.
(a)
It shall be unlawful for any person to purchase for or sell, lease, give or lend to any minor an air rifle.
(b)
It shall be unlawful for any parent, guardian or other person having the care, control or custody of a minor knowingly to permit or suffer such minor to own, use or have in his possession within the city an air rifle. The fact that a minor is found with, or is proven to have had, in his possession, an air rifle shall be prima facie evidence that the parent, guardian or other person having control of such minor did knowingly permit or suffer the minor to own, use or have in his possession an air rifle.
(c)
A violation of this section shall be punishable as a class 4 misdemeanor.
(Code 1973, § 21-39; Code 1988, § 24-82)
Cross reference— Penalty for class 4 misdemeanor, § 1-11.
County of
POWHATAN,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
COUNTY OF
PRINCE EDWARD,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
County of
PRINCE GEORGE,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
County of
PRINCE WILLIAM,
ARTICLE II. FIREARMS CONTROL Prince William County, Virginia Code of Ordinances
Sec. 31-21. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings ascribed to them thereby, unless the context clearly requires a different meaning:
Firearm/gun shall mean any rifle, shotgun, pistol, air gun, air rifle, BB gun, pellet gun or similar devices, designed to expel a projectile through a gun barrel of any length by means of explosives or expansion or release of compressed air or gas.
Permittee shall mean any person with written permission to be present on property owned by another.
(Ord. No. 81-28-34, § 19A-1, 10-6-81)
ARTICLE II. PARK REGULATIONS Prince William County, Virginia Code of Ordinances
Sec. 17-42. Carrying or discharging weapons.
The discharging, in any park, of any firearm, air gun, gas gun, spring operated gun, BB gun, slingshot, dart device or bow and arrow is prohibited, except as specifically authorized by the County Executive or his/her designee for purposes of this section in connection with a supervised recreational activity or except as may be carried by a duly authorized law enforcement officer. A violation of this section shall constitute a Class 1 misdemeanor.
(Code 1965, § 13.2-17; Ord. No. 04-39, 6-22-04, effective 7-1-04; Ord. No. 12-27, Attch., 6-5-12, effective 7-1-12)
PULASKI,
ARTICLE II. BIRD SANCTUARY – Pulaski, Virginia – Code of Ordinances
Sec. 14-42. – Killing of birds.
It shall be unlawful for any person to kill a songbird or game bird within the town with any gun, pistol or other firearm, air rifle, BB gun, gravel shooter, bow and arrow, slingshot, or any other similar device.
(Code 1990, § 3-22)
State law reference— Shooting pigeons, etc., for amusement, Code of Virginia, § 3.1-796.126.
PURCELLVILLE,
ARTICLE I. IN GENERAL – Purcellville, Virginia – Code of Ordinances
Sec. 46-14. – Hunting; discharge of firearms or air rifles.
(a)
It shall be unlawful for any person to hunt game in the corporate limits of the town.
(b)
It shall be unlawful for any person to fire or discharge a gun, rifle, air rifle, pistol or any other firearm in the corporate limits of the town, without a special permit from the chief of police.
(c)
It shall be unlawful for any person to shoot a bow, compound bow or crossbow at or upon the property of another without permission.
(d)
Each violation of this section shall be a class 1 misdemeanor.
(e)
This section shall not apply to law enforcement officers in the performance of their duties and shall not apply to an act that is justifiable or excusable at law in protection of life or property.
(f)
This section shall also not apply to any otherwise lawful discharge of a firearm:
(1)
On established and approved shooting ranges;
(2)
On any target or rifle range established and operated by any law enforcement agency;
(3)
In a private basement or cellar target range;
(4)
With blank cartridges in theatrical performances, sporting events or in the firing of solutes at military funerals or other military ceremonies.
(g)
Notwithstanding the other provisions of this section, on recommendations from the chief of police and approval by the council, limited hunting may be allowed to control the animal population.
(Code 1977, § 12-16; Ord. No. 08-12-01, 2-10-2009)
Cross reference— Animals, ch. 10.
State law reference— Authority of municipalities to regulate or prohibit discharge of firearms, Code of Virginia, § 15.1-865; discharge of firearms in streets or other public places, Code of Virginia, § 18.2-280.
RADFORD,
Chapter 70 OFFENSES—MISCELLANEOUS Radford, Virginia Code of Ordinances
Sec. 70-39. Same—Discharging shot, etc., from gravel shooter, air gun, etc. of content
No person shall discharge anywhere within the corporate limits of the city any shot, gravel, bullets or similar substance from a gravel shooter, air gun or any similar implement.
(Code 1975, § 14-33; Code 1992, § 14-39)
Sec. 70-41. Same—Discharge or shooting of firearms, air or gas operated weapons, bows, and crossbows prohibited; exception; penalties for violation.
(a)
Subject to the exceptions set forth in this section, it shall be unlawful for any person to discharge or shoot any firearms, or air operated or gas operated firearms or weapons, bows or crossbows or to use such weapons inside the city limits of the city; provided, however, that this prohibition shall not apply to any law enforcement officer in the performance of his official duties, nor to any person whose act in doing so is otherwise legally justifiable or excusable in the protection of life or property, or is specifically otherwise authorized by law; and provided further that such prohibition shall not apply to firing ranges or shooting matches or bow and arrow or crossbow contests maintained and/or supervised with the prior approval of the chief of police, nor to activities of military personnel of the United States in the performance of their duties.
(b)
The prohibitions of this section shall not apply to the discharge or shooting of firearms, air operated or gas operated firearms or weapons, or to bows or crossbows when the same are discharged or shot during theatrical, artistic, historical, sporting or other similar events not heretofore mentioned as to which the prior approval of the chief of police has been obtained.
(c)
Anyone violating this section shall be guilty of a class 1 misdemeanor and shall be punished as provided in Code of Virginia, § 18.2-11, as amended.
(d)
The provisions of this section shall be in addition to, and not in lieu of, any other provision of this chapter.
(Ord. No. 1166, § 14-34.1, 12-27-88; Code 1992, § 14-41)
State law reference— Control of firearms, Code of Virginia, § 15.2-915.
Sec. 70-44. Same—Sale, etc., of toy firearms.
No person shall sell, barter, exchange, furnish or dispose of by purchase, gift or in any other manner any toy gun, pistol, rifle or other toy firearm, if the same shall, by means of powder or other explosive, discharge blank or ball charges. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00. Each sale of any of the articles specified in this section to any person shall constitute a separate offense. Nothing in this section shall be construed as preventing the sale of what are commonly known as cap pistols.
(Code 1975, § 14-37; Code 1992, § 14-44)
State law reference— Similar provisions, Code of Virginia, § 18.2-284.
RICHMOND,
DIVISION 2. WEAPONS* Richmond, Virginia Code of Ordinances
Sec. 66-348. Disposition of certain unclaimed weapons.
The chief of police is hereby authorized to dispose of all unclaimed rifles, shotguns, pistols, revolvers, BB guns, knives and other similar weapons held by and coming into the possession of the department of police, either through public sale through the department of procurement services or by consigning to any agency of the city for use of the unclaimed property as a whole or to be condemned and dismantled for the usable parts.
(Code 1993, § 20-155; Ord. No. 2010-21-67, § 2, 4-26-2010)
ROANOKE,
ARTICLE III. WEAPONS Roanoke, Virginia Code of Ordinances
Sec. 21-81. Discharge of air gun, gravel shooter, pneumatic gun, etc.
(a)
Any person who shall, anywhere within the city, discharge shot, stones, gravel, bullets or any similar thing from a gravel shooter, air gun, pneumatic gun or other similar implement shall be guilty of a Class 4 misdemeanor, unless otherwise permitted by this section.
(b)
Subsection (a) shall not prohibit the use of a pneumatic gun at a facility approved for shooting ranges, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
(c)
Subsection (a) shall not prohibit the establishment of commercial or private areas designated for use of paintball guns for recreational use in accordance with all applicable requirements. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs shall be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use.
(d)
As used in this section, the term, “pneumatic gun” means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. The term “pneumatic gun” includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(e)
All uses of a pneumatic gun otherwise allowed under this section by a minor below the age of sixteen (16) years shall be under the supervision of a parent, guardian, or other adult supervision approved by the minor’s parent or guardian.
(f)
All minors, when permitted by a parent or guardian to use a pneumatic gun, shall be responsible for obeying all laws, regulations, and restrictions governing such use.
(g)
The training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, or a certified instructor. Training of minors above the age of sixteen (16) may also be done without direct supervision if approved by the minor’s instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, the Junior Reserve Officer Training Corps, American Legion, 4-H, the Civilian Marksmanship Program, Boy or Girl Scouts, USA Shooting, and similar groups approved by the chief of police, or any person authorized by these entities to certify instructors.
(h)
All training and shooting shall take place either indoors at a range deemed safe for such use by the minor’s certified instructor, or outdoors at a facility meeting the requirements of subsection (b) above.
(Code 1956, Tit. XXIII, Ch. 4, § 7; Ord. No. 36814, § 1, 8-16-04; Ord. No. 37676, § 1, 2-5-07; Ord. No. 39157, 7-18-11)
County of
ROANOKE,
ARTICLE I. IN GENERAL – Roanoke County, Virginia – Code of Ordinances
Sec. 13-4.1. – Pneumatic guns.
(a)
As used in this section, “pneumatic gun” means any implement, designed as a gun that will expel a BB or a pellet by action of pneumatic pressure. “Pneumatic gun” includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(b)
Pneumatic guns may be used at facilities approved for shooting ranges, or on or within private property with permission of the owner or legal possessor. Use thereof must be conducted with reasonable care to prevent a projectile from crossing the bounds of the property. “Reasonable care” means that the gun is being discharged so that the projectile will be contained on the property by a backstop, earthen embankment, or fence. The discharge of projectiles across or over the bounds of the property shall create the rebuttable presumption that the use of the pneumatic gun was not conducted with reasonable care. Minors may use such implements only under the following conditions:
(1)
Minors under the age of sixteen (16) must be supervised by a parent, guardian, or other adult supervisor approved by a parent or guardian and shall be responsible for obeying all laws, regulations, and restrictions governing the use thereof.
(2)
Minors sixteen (16) years of age and older must have the written consent of a parent or guardian and shall be responsible for obeying all laws, regulations and restrictions governing the use thereof.
(3)
Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, junior reserve officers training corps instructor, or a certified instructor. Training of minors above the age of sixteen (16) may also be done without direct supervision if approved by the minor’s instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense and similar groups approved by the chief of police, or any person authorized by these authorities to certify ranges and instructors.
(4)
Commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use in areas where such facilities are permitted by the county’s zoning ordinance. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use.
(c)
A violation of this section shall constitute class 3 misdemeanor.
(Ord. No. 082311-1, § 2, 8-23-11)
Cross reference— Penalty for Class 1 misdemeanor, § 1-10; shooting birds in bird sanctuaries, § 5-4.
State law reference— Authority of county to prohibit discharge of firearms, air guns, etc., Code of Virginia, § 15.2-1209.
Sec. 13-5. – Shooting in, along or near roads or streets.
(a)
No person shall shoot any firearm in or along any road or within one hundred (100) yards thereof, or in a street of any town in the county, whether the town is incorporated or not.
(b)
A violation of this section shall constitute a Class 4 misdemeanor.
(c)
This section shall not apply to federal, state or local law-enforcement officers in the discharge of their duties.
(Code 1971, § 11-9)
Cross reference— Penalty for Class 4 misdemeanor, § 1-10.
State law reference— Similar provisions, Code of Virginia, § 18.2-286.
ARTICLE I. IN GENERAL – Roanoke County, Virginia – Code of Ordinances
Sec. 5-4. – Same—Shooting, trapping, etc., birds.
It shall be unlawful and a Class 3 misdemeanor for any person to shoot at, trap, kill, destroy or molest any birds in any area described in section 5-3.
(Code 1971, § 5-1)
Cross reference— Penalty for Class 3 misdemeanor, § 1-10; discharge of firearms or air guns generally, § 13-4.
Chapter 15 PARKS AND RECREATION – Roanoke County, Virginia – Code of Ordinances
Sec. 15-8. – Prohibited uses of parks.
No person in a park shall:
(6)
Hunting and firearms. Hunt, trap or pursue wildlife at any time. Trapping may be authorized, by permit, when it is deemed by the director that said activity is in the best interest of public health, safety and/or welfare. No person shall within a park use, carry or possess firearms, ammunition or combinations thereof, as expressly prohibited by statute, or air rifles, spring guns, pellet guns, paintball guns, bow and arrows, slings or any other forms of weapons potentially dangerous to wildlife and to human safety or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park property boundaries is forbidden. The director may permit authorization for the use of a firearm or other potentially dangerous instrument, to be used in a park for a special event or county managed activity.
County of
ROCKINGHAM,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
ROCKY MOUNT,
ARTICLE I. IN GENERAL – Rocky Mount, Virginia – Code of Ordinances
Sec. 42-18. – Discharging, etc., slingshots, air guns, etc.
It shall be unlawful for any person to discharge or use any slingshot, sling, gravel shooter, air gun, bow, crossbow or similar implement.
(Code 1979, § 12-58)
SALEM,
ARTICLE V. WEAPONS Salem, Virginia Code of Ordinances
Sec. 58-142. Discharging air rifles, gravel shooters, bows, etc.
It shall be unlawful for any person to discharge shots, bullets or similar pellets from an air gun, air rifle or pellet gun, or to discharge shot, gravel or similar substance from a gravel shooter, slingshot or similar implement, or to discharge arrows, bolts, nails or bullets from a bow or crossbow, within 100 yards of any residence or public street. Each act done in violation of this section shall constitute a separate offense.
(Code 1969, § 31-2)
SMITHFIELD,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
SOUTH BOSTON,
ARTICLE III. OFFENSES AGAINST PUBLIC HEALTH AND SAFETY – South Boston, Virginia – Code of Ordinances
Sec. 70-75. – Air guns—Definitions.
For the purposes of sections 70-75 through 70-77, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Air gun means any gun (rifle or pistol), by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but does not mean a firearm.
Minor means any person under the age of 18 years.
(Code 1988, § 12-45)
Cross reference— Definitions generally, § 1-2.
SOUTH HILL,
ARTICLE XI. CRIMES INVOLVING WEAPONS – South Hill, Virginia – Code of Ordinances
Sec. 50-701. – Discharging slingshots, air guns, similar implements.
It shall be unlawful for any person to discharge or use any slingshot, sling, gravel shooter, air gun, bow, cross bow or similar implement.
(Code 1974, § 32-2)
ARTICLE II. BIRD SANCTUARY – South Hill, Virginia – Code of Ordinances
Sec. 18-38. – Molesting birds.
It shall be unlawful for any person to shoot missiles of any description from any bow, sling, bean shooter, air rifle, spring gun, or similar weapon at any of the birds for which a bird sanctuary is provided in section 18-36 or otherwise destroy such birds, their nests or eggs, unless the birds constitute a nuisance or health hazard, which destruction may be authorized by the council.
(Code 1974, § 6-8)
County of
SOUTHAMPTON,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
County of
SPOTSYLVANIA,
ARTICLE I. IN GENERAL Spotsylvania County, Virginia Code of Ordinances
Sec. 14-8.1. Pneumatic guns.
(a)
As used in this section, “pneumatic gun” means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. “Pneumatic gun” includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(b)
Pneumatic guns may be used at facilities approved for shooting ranges, or on or within private property with permission of the owner or legal possessor. Use thereof must be conducted with reasonable care to prevent a projectile from crossing the bounds of the property. “Reasonable care” means that the gun is being discharged so that the projectile will be contained on the property by a backstop, earthen embankment, or fence. The discharge of projectiles across or over the bounds of the property shall create the rebuttable presumption that the use of the pneumatic gun was not conducted with reasonable care. Minors may use such implements only under the following conditions:
(1)
Minors under the age of sixteen (16) must be supervised by a parent, guardian, or other adult supervisor approved by a parent or guardian and shall be responsible for obeying all laws, regulations, and restrictions governing the use thereof.
(2)
Minors sixteen (16) years of age and older must have the written consent of a parent or guardian and shall be responsible for obeying all laws, regulations and restrictions governing the use thereof.
(3)
Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, junior reserve officers training corps instructor, or a certified instructor. Training of minors above the age of sixteen (16) may also be done without direct supervision if approved by the minor’s instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges and instructors.
(4)
Commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use in areas where such facilities are permitted by the county’s zoning ordinance. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use.
(c)
A violation of this section shall constitute class 3 misdemeanor.
(Ord. No. 14-15, 10-11-11)
County of
STAFFORD,
ARTICLE I. IN GENERAL Stafford County, Virginia Code of Ordinances
Sec. 26-4. Discharging air guns in public places.
(a)
No person shall discharge shot or pellets from a BB gun, air gun or other similar instrument in any street or highway in the county or in any place of public business or place of public gathering in the county.
(b)
A violation of this section shall constitute a Class 2 misdemeanor.
(Code 1979, § 27-5)
Cross reference— Penalty for Class 2 misdemeanor, § 1-11.
ARTICLE II. SHOOTING-PROHIBITED AREAS Stafford County, Virginia Code of Ordinances
Sec. 26-16. Definitions.
Firearm shall mean and include any rifle, shotgun, pistol, BB gun, air rifle, cartridge gun, pellet gun, or any similar mechanism, by whatever name known, which is designed to expel a projectile by power explosion or by gas propulsion.
STRASBURG,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
SUFFOLK,
ARTICLE IV. OFFENSES INVOLVING WEAPONS Suffolk, Virginia Code of Ordinances
Sec. 54-122. Discharge.
(a)
Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Densely populated area means an area extending 200 yards from the exterior boundaries of any five or more parcels or tracts, each one of which is adjacent to at least one other, each parcel or tract being one acre or less in area, and which parcels or tracts each contain a structure designed for human use.
(b)
Prohibited. It shall be unlawful and constitute a class 3 misdemeanor, punishable as provided in subsection 1-14(1), for any person to:
(1)
Discharge a firearm or air gun of .177 caliber or larger:
a.
Within any densely populated area;
b.
Within 200 yards from any structure owned by another and used for human occupancy or for business purposes, or for the storage of personal property, including, but not limited to, structures used for the housing of livestock or for other agricultural accessory storage uses, without permission of the owner;
c.
Within 100 yards from any public street, secondary road or highway within the city, except on a permitted firing range; or
d.
At or upon the property of another without permission.
(2)
Shoot a longbow, compound bow, crossbow or air gun at or upon the property of another without permission.
County of
SURRY,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
TAPPAHANNOCK,
Chapter 42 OFFENSES Tappahannock, Virginia Code of Ordinances
Sec. 42-8. Dangerous missiles; discharge prohibited.
No person shall discharge or shoot any stone, gravel, bullets, arrows or like missiles from an air gun, slingshot, bow or similar instrument into, in or from any street or public place within this town.
(Code 1993, § 14-12)
State law reference— Discharging firearms or missiles at trains, cars, vessels, etc., Code of Virginia, § 18.2-154.
TAZEWELL,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
TAZEWELL COUNTY,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
VIENNA,
DIVISION 1. GENERALLY Vienna, Virginia Code of Ordinances
Sec. 10-40. Pneumatic guns, slingshots, etc.—Use prohibited.
No person shall use any instrument for projecting missiles likely to do injury to persons or property, such as a pneumatic gun, slingshot, grit shooter, bow and arrow, etc., in the Town. The provisions of this section shall not apply to instruction given under the control of personnel specifically authorized in writing by the Town Manager to perform such instruction. Additionally, the provisions of this section shall not apply to pneumatic guns at facilities approved for shooting ranges; on other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
Supervision by a parent, guardian, or other adult supervisor approved by a parent or guardian of any minor below the age of 16 shall be required in all uses of pneumatic guns on private or public property. Minors above the age of 16 may, with the written consent of a parent or guardian, use a pneumatic gun at any place designated for such use by the local governing body or on private property with the consent of the owner. All minors, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use of pneumatic guns. A violation of any pneumatic gun offense set forth in this section shall constitute a Class 3 misdemeanor.
As used in this section, “pneumatic gun ” means any implement, designed as a gun, that will expel a BB or a pellet by action or pneumatic pressure. “Pneumatic gun” includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(Code 1962, § 5-16; Code 1969, § 10-40; Ord. of 3-1966; Ord. of 7-2-2012(1).
VINTON,
ARTICLE V. WEAPONS – Vinton, Virginia – Code of Ordinances
Sec. 62-83. – Discharging pneumatic gun, bow.
(a)
No person shall, anywhere within the town, discharge an arrow, shot, stone, gravel, BB, pellet, paintball, or any similar object from a pneumatic gun, bow, or other similar instrument except as authorized by this article. For the purpose of this section, “pneumatic gun” means any implement designed as a gun that will expel a BB, pellet, paintball, or similar object by action of pneumatic pressure.
(b)
Pneumatic guns, bows, and other similar instruments may be used at facilities approved for shooting ranges, or other property where firearms or bows may be discharged lawfully, or on or within private property with permission of the owner or legal possessor. Use thereof must be conducted with reasonable care to prevent a projectile from crossing the bounds of the property. “Reasonable care” means that the gun is being discharged so that the projectile will be contained on the property by a backstop, earthen embankment, or fence. The discharge of projectiles across the bounds of the property shall create the rebuttable presumption that the use of the pneumatic gun or bow was not conducted with reasonable care. Minors may use such instruments only under the following conditions:
(1)
Minors under the age of 16 must be supervised by a parent, guardian, or other adult supervisor approved by the parent or guardian and shall be responsible for obeying all laws, regulations, and restrictions governing the use thereof.
(2)
Minors 16 years of age and older must have the written consent of a parent or guardian and shall be responsible for obeying all laws, regulations, and restrictions governing the use thereof.
(c)
A violation of this section shall constitute a class 3 misdemeanor.
(Code 1982, § 25-4; Ord. No. 917, 9-6-2011)
VIRGINIA BEACH,
Chapter 38 WEAPONS Virginia Beach, Virginia Code of Ordinances
Sec. 38-3. Discharge of firearms, air guns, etc.
(a)
It shall be unlawful for any person to discharge any firearm, spring-propelled rifle or pistol, from or across any land or water north or west of the trace of the line beginning at the intersection of North Landing Road and the Chesapeake-Virginia Beach city boundary line; thence northwardly along North Landing Road to Indian River Road; thence eastwardly along Indian River Road to New Bridge Road; thence northeastwardly along New Bridge Road to Sandbridge Road, thence eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean, or across any land north of False Cape State Park and east of Shipps Bay and Point Creek. This prohibition shall not apply to shotguns discharging pellets under the following conditions:
(1)
On land that is fifty (50) acres or more of contiguous area, or less than fifty (50) acres of contiguous area south of the trace of the line beginning at the intersection of Elbow Road and the Chesapeake-Virginia Beach city boundary line; thence northeastwardly along Elbow Road to Salem Road; thence southeastwardly along Salem Road to North Landstown Road; thence northeastwardly along Landstown Road to Princess Anne Road; thence southeastwardly along Princess Anne Road to Sandbridge Road; thence eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean; and
(2)
Under one (1) ownership; and
(3)
Used primarily for agricultural purposes; and
(4)
The landowner has applied for an annual permit from the city manager to use his property for this purpose, which permit shall be granted by the city manager if the applicant meets the requirements of this section; and
(5)
The person discharging a shotgun as herein set forth shall, at all times while engaged in such activity, have in his possession written permission from the landowner to discharge such weapon on the premises; and
(6)
All permits shall expire on the next June 30 after the date of issuance.
(b)
Notwithstanding the provisions of subsection (a)(4) above, no permit shall be issued to a landowner if it is determined by the city manager or his duly authorized agent that the issuance of such permit would be detrimental to the public safety, and any permit that has been issued and is in effect may be revoked by the city manager if it is determined by the city manager or his duly authorized agent that conditions have changed since the date of issuance of the permit that cause the continued use of the land for the permitted purpose to be detrimental to the public safety.
(c)
It shall be lawful to discharge firearms of .22-caliber or less south of the trace line enumerated in subsection (a) subject to the provisions of this section. It shall be unlawful to discharge any firearms greater than .22-caliber any place within the city; provided, however, that muzzle loading rifles using a charge of black powder or black powder equivalent may be used to hunt deer during the open season prescribed therefor by the Department of Game and Inland Fisheries south of the trace of the line described in subsection (a)(1). For purposes of this section, a muzzle loading rifle shall mean a single-shot flintlock or percussion rifle, .45 caliber or larger, firing a single lead projectile or sabot with a .38 caliber or larger non-jacketed lead projectile of the same caliber loaded from the muzzle of the weapon and propelled by at least fifty (50) grains of black powder or black powder equivalent.
(d)
Notwithstanding any other provisions of this section, it shall be unlawful for any person to discharge any firearm, spring-propelled rifle or pistol, from, on, across or within one hundred fifty (150) yards of any building, dwelling, street, sidewalk, alley, roadway or public land or public place within the city limits.
(e)
The prohibitions of this section shall not apply to the operation of a shooting event that is sponsored by an organized group, provided, the written approval of the chief of police as to the safety and location of the event is obtained prior to the event.
(f)
No person shall use a pneumatic gun in the area of the city described in (a) above except (i) at approved shooting ranges or (ii) on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property. For purposes of this subsection, “pneumatic gun” means any implement designed as a gun that will expel a BB or a pellet by action of pneumatic pressure, including but not limited to paintball guns. Further, for the purpose of this subsection “reasonable care” means that the pneumatic gun is discharged in a manner so the projectile is contained on the property by a backstop, earthen embankment or fence. The discharge of projectiles across or over the bounds of the property shall create the rebuttable presumption that the use of the pneumatic gun was not conducted with reasonable care and shall constitute a Class 3 misdemeanor.
(g)
Nothing in this section shall be construed to prohibit the discharge of firearms and other weapons by (1) law enforcement officers; (2) military personnel; or (3) federal, state or local government animal or fowl management agency agents in the city as part of authorized training or in the performance of their duties.
(h)
A violation of any provision of this section unless otherwise specified shall constitute a Class 1 misdemeanor.
(Code 1965, § 38-2; Ord. No. 1107, 10-20-80; Ord. No. 1220, 9-14-81; Ord. No. 1332, 9-27-82; Ord. No. 1622, 9-15-86; Ord. No. 1624, 9-29-86; Ord. No. 2525, 4-6-99; Ord. No. 3084, 5-26-09; Ord. No. 3188, 6-28-11)
State law reference— Authority of city to regulate or prohibit discharge of firearms, Code of Virginia, § 15.1-865; discharging firearms in streets or public places, §§ 18.2-280, 18.2-286.
WARRENTON,
ARTICLE II. WEAPONS – Warrenton, Virginia – Code of Ordinances
Sec. 11-51. – Discharging air rifles, gravel shooters, bows, etc.
It shall be unlawful for any person to discharge shots, bullets or similar pellets from any air gun, air rifle or pellet gun or to discharge shot, gravel or similar substance from a gravel shooter, slingshot or similar implement or to discharge arrows, bolts, nails or bullets from a bow or crossbow within one hundred (100) yards of any residence or public street. Each act done in violation of this section shall constitute a separate offense.
(Code 1981, § 10-34)
County of
WASHINGTON,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
WAYNESBORO,
ARTICLE I. IN GENERAL Waynesboro, Virginia Code of Ordinances
Sec. 50-3. Weapons.
(a)
Firearms, air rifles, pellet guns, etc. Except for law enforcement officers in the performance of their official duty, or any other person whose willful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law, no person within the city shall discharge shot, gravel, bullets, objects or other similar substances from a firearm, air rifle, pellet gun or other similar device. In addition to any other penalty for violation of this section, the court may order the confiscation of the device involved in the offense.
(b)
Bows, crossbows, slingshots, dangerous missiles, etc. Except for law enforcement officers in the performance of their official duty, no person shall, in a manner so as to endanger the life, limb or property of any person within the city, throw stones, sticks or other dangerous missiles or weapons, or discharge arrows, nails, objects or other similar substances from a bow or crossbow, or discharge any item mentioned in this subsection from a slingshot, gravel shooter or other similar device. In addition to any other penalty for violation of this section, the court may order the confiscation of the device involved in the offense.
(c)
Exemptions. The following are exempted from coverage under subsections (a) and (b):
(1)
Any firing range designated by the city manager for official training of law enforcement personnel while on or off official duty, provided that such exemption shall apply only to such use of such location by such personnel. Any use thereof by any other individual shall continue to constitute a violation of this section; and
(2)
Any firing range operated by any nonprofit educational institution, public or private, under their supervision.
(Code 1964, § 16-7)
WEST POINT,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
County of
WESTMORELAND,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
WILLIAMSBURG,
ARTICLE I. IN GENERAL Williamsburg, Virginia Code of Ordinances
Sec. 4-13. Killing birds prohibited.
It shall be unlawful for any person to kill or attempt to kill any song bird or game bird within the corporate limits of the city with any gun, pistol or other firearm, air rifle, BB gun, gravel shooter, bow and arrow or sling shot. Any person violating this section shall be guilty of a Class 3 misdemeanor and, upon conviction thereof, shall be punished in accordance with section 1-15 of this Code.
(Code 1975, § 5-12)
County of
WISE,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
WOODSTOCK,
No Air-gun ordinances listed, refer to Virginia State laws (Above sec.).
WYTHEVILLE,
DIVISION 1. GENERALLY Wytheville, Virginia Code of Ordinances
Sec. 9-9. Discharge of firearms, etc.
(a)
It shall be unlawful for any person to fire to discharge any firearm or other weapon, at any location within the corporate limits of the town with exception of those areas which are designated as A-1 Agricultural zoning districts or as may be exempted in subsection (g) hereafter. A map indicating those areas so designated as A-1 Agricultural districts is on file in the office of the zoning administrator.
(b)
It shall be unlawful for any person to fire or discharge any firearm or any other weapon, on public or semipublic lands regardless of the zoning designation.
(c)
In the zoning district where the discharge of firearms is permitted, it shall be unlawful for any person to fire or discharge any firearm or weapon as defined herein within three hundred (300) feet of any street or highway, railroad, residence, or any structure which is normally used to house machinery, tools, livestock or animals, feed, or any other related agricultural/domestic activity.
(d)
The discharge of any weapon, where permitted, is subject to all applicable state laws and statutes concerning the discharge of firearms and additionally is to be in compliance with regulations promulgated by the Virginia Game Commission.
(e)
The provisions of subsections (a) and (b) shall not apply to the use of pneumatic guns, which expels a BB, a pellet or a paintball, at facilities approved for shooting ranges, on other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
(f)
Any weapon used by any person convicted of violating subsections (a), (b), (c) or (d) may be confiscated and held by the police department for a period not to exceed six (6) months and, after that time, such weapon shall be returned to the owner.
(g)
The provisions of subsections (a), (b), (c) or (d) shall not apply to any police officer or other law enforcement officer while acting in performance of his duties as such, nor shall the provisions of this article be construed to prohibit the firing or discharge of a rifle, gun, air rifle or air gun of not over .22 caliber in a licensed shooting gallery. Nor shall the provisions of subsections (a), (b), (c) or (d) prohibit a law enforcement officer or animal control officer from discharging a firearm to abate a nuisance at the direction of the town manager.
(h)
The provisions of subsections (a), (b), (c) or (d) shall not apply to any person whose act is justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law.
(i)
The town manager, or his authorized designee, shall have the power to grant a special permit for the discharge of firearms or specific ceremonial or festive activities. Such ceremonies and/or activities may include, but are not limited to, funerals, holiday celebrations, ball games, and festivals. However, the granting of the special permit shall in no way allow the use of projectiles.
Permits shall be issued at the discretion of the town manager, or his authorized designee, and will be dependent upon such items as safety factors, size of firearm, noise level, and time and conditions relevant to safety. In no way shall the issuance of this permit conflict with any other town ordinances or requirements.
(Code 1967, §§ 23-2—23-4; Ord. No. 868, § (23-4), 10-28-85; Ord. No. 947, 5-29-90; Ord. No. 1040, 7-24-95; Ord. No. 1261, 10-10-2011)
Charter reference— Power of town to regulate the discharge of firearms, § 9(21).
State law reference— Willfully discharging firearms in public places, Code of Virginia § 18.2-280; forfeiture of certain weapons used in commission of criminal offense, Code of Virginia, § 18.2-310.
Washington-
Washington prohibits any person from willfully discharging any air gun or other weapon in a public place, or in any place where any person might be endangered.
Washington also prohibits any person from carrying or possessing any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas, on public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools.2
Washington does not otherwise regulate non-powder guns.
1.Wash. Rev. Code Ann. § 9.41.230(1)(b).
2.Wash. Rev. Code Ann. § 9.41.280(1)(e).
RCW 9.41.230
Aiming or discharging firearms, dangerous weapons.
(1) For conduct not amounting to a violation of chapter 9A.36 RCW, any person who:
(a) Aims any firearm, whether loaded or not, at or towards any human being;
(b) Willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby. A public place shall not include any location at which firearms are authorized to be lawfully discharged; or
(c) Except as provided in RCW 9.41.185, sets a so-called trap, spring pistol, rifle, or other dangerous weapon,
although no injury results, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) If an injury results from a violation of subsection (1) of this section, the person violating subsection (1) of this section shall be subject to the applicable provisions of chapters 9A.32 and 9A.36 RCW.
[1994 sp.s. c 7 § 422; 1909 c 249 § 307; 1888 p 100 §§ 2, 3; RRS § 2559.]
RCW 9.41.280 3(e)
RCW 9.41.280
Possessing dangerous weapons on school facilities — Penalty — Exceptions.
(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
(a) Any firearm;
(b) Any other dangerous weapon as defined in RCW 9.41.250;
(c) Any device commonly known as “nunchuk sticks”, consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;
(d) Any device, commonly known as “throwing stars”, which are multi-pointed, metal objects designed to embed upon impact from any aspect;
(e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; or
(f)(i) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or
(ii) Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse.
(2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any revoked for a period of three years. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state’s public schools in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student’s parent or guardian regarding any allegation or indication of such violation.
Upon the arrest of a person at least twelve years of age and not more than twenty-one years of age for violating subsection (1)(a) of this section, the person shall be detained or confined in a juvenile or adult facility for up to seventy-two hours. The person shall not be released within the seventy-two hours until after the person has been examined and evaluated by the designated mental health professional unless the court in its discretion releases the person sooner after a determination regarding probable cause or on probation bond or bail.
Within twenty-four hours of the arrest, the arresting law enforcement agency shall refer the person to the designated mental health professional for examination and evaluation under chapter 71.05 or 71.34 RCW and inform a parent or guardian of the person of the arrest, detention, and examination. The designated mental health professional shall examine and evaluate the person subject to the provisions of chapter 71.05 or 71.34 RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.
The designated mental health professional may determine whether to refer the person to the county-designated chemical dependency specialist for examination and evaluation in accordance with chapter 70.96A RCW. The county-designated chemical dependency specialist shall examine the person subject to the provisions of chapter 70.96A RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.
Upon completion of any examination by the designated mental health professional or the county-designated chemical dependency specialist, the results of the examination shall be sent to the court, and the court shall consider those results in making any determination about the person.
The designated mental health professional and county-designated chemical dependency specialist shall, to the extent permitted by law, notify a parent or guardian of the person that an examination and evaluation has taken place and the results of the examination. Nothing in this subsection prohibits the delivery of additional, appropriate mental health examinations to the person while the person is detained or confined.
If the designated mental health professional determines it is appropriate, the designated mental health professional may refer the person to the local regional support network for follow-up services or the department of social and health services or other community providers for other services to the family and individual.
(3) Subsection (1) of this section does not apply to:
(a) Any student or employee of a private military academy when on the property of the academy;
(b) Any person engaged in military, law enforcement, or school district security activities. However, a person who is not a commissioned law enforcement officer and who provides school security services under the direction of a school administrator may not possess a device listed in subsection (1)(f) of this section unless he or she has successfully completed training in the use of such devices that is equivalent to the training received by commissioned law enforcement officers;
(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;
(d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;
(e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;
(f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;
(g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or
(h) Any law enforcement officer of the federal, state, or local government agency.
(4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nunchuk sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.
(5) Subsection (1)(f)(i) of this section does not apply to any person who possesses a device listed in subsection (1)(f)(i) of this section, if the device is possessed and used solely for the purpose approved by a school for use in a school authorized event, lecture, or activity conducted on the school premises.
(6) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building.
(7) “GUN-FREE ZONE” signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.
[2009 c 453 § 1; 1999 c 167 § 1; 1996 c 295 § 13; 1995 c 87 § 1; 1994 sp.s. c 7 § 427; 1993 c 347 § 1; 1989 c 219 § 1; 1982 1st ex.s. c 47 § 4.]
Notes:
Finding — Intent — Severability — 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date — 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Severability — 1982 1st ex.s. c 47: See note following RCW 9.41.190.
RCW 9.41.280
Possessing dangerous weapons on school facilities — Penalty — Exceptions.
(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
(a) Any firearm;
(b) Any other dangerous weapon as defined in RCW 9.41.250;
(c) Any device commonly known as “nunchuk sticks”, consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;
(d) Any device, commonly known as “throwing stars”, which are multi-pointed, metal objects designed to embed upon impact from any aspect;
(e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; or
(f)(i) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or
(ii) Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse.
(2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any revoked for a period of three years. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state’s public schools in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student’s parent or guardian regarding any allegation or indication of such violation.
Upon the arrest of a person at least twelve years of age and not more than twenty-one years of age for violating subsection (1)(a) of this section, the person shall be detained or confined in a juvenile or adult facility for up to seventy-two hours. The person shall not be released within the seventy-two hours until after the person has been examined and evaluated by the designated mental health professional unless the court in its discretion releases the person sooner after a determination regarding probable cause or on probation bond or bail.
Within twenty-four hours of the arrest, the arresting law enforcement agency shall refer the person to the designated mental health professional for examination and evaluation under chapter 71.05 or 71.34 RCW and inform a parent or guardian of the person of the arrest, detention, and examination. The designated mental health professional shall examine and evaluate the person subject to the provisions of chapter 71.05 or 71.34 RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.
The designated mental health professional may determine whether to refer the person to the county-designated chemical dependency specialist for examination and evaluation in accordance with chapter 70.96A RCW. The county-designated chemical dependency specialist shall examine the person subject to the provisions of chapter 70.96A RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.
Upon completion of any examination by the designated mental health professional or the county-designated chemical dependency specialist, the results of the examination shall be sent to the court, and the court shall consider those results in making any determination about the person.
The designated mental health professional and county-designated chemical dependency specialist shall, to the extent permitted by law, notify a parent or guardian of the person that an examination and evaluation has taken place and the results of the examination. Nothing in this subsection prohibits the delivery of additional, appropriate mental health examinations to the person while the person is detained or confined.
If the designated mental health professional determines it is appropriate, the designated mental health professional may refer the person to the local regional support network for follow-up services or the department of social and health services or other community providers for other services to the family and individual.
(3) Subsection (1) of this section does not apply to:
(a) Any student or employee of a private military academy when on the property of the academy;
(b) Any person engaged in military, law enforcement, or school district security activities. However, a person who is not a commissioned law enforcement officer and who provides school security services under the direction of a school administrator may not possess a device listed in subsection (1)(f) of this section unless he or she has successfully completed training in the use of such devices that is equivalent to the training received by commissioned law enforcement officers;
(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;
(d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;
(e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;
(f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;
(g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or
(h) Any law enforcement officer of the federal, state, or local government agency.
(4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nunchuk sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.
(5) Subsection (1)(f)(i) of this section does not apply to any person who possesses a device listed in subsection (1)(f)(i) of this section, if the device is possessed and used solely for the purpose approved by a school for use in a school authorized event, lecture, or activity conducted on the school premises.
(6) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building.
(7) “GUN-FREE ZONE” signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.
[2009 c 453 § 1; 1999 c 167 § 1; 1996 c 295 § 13; 1995 c 87 § 1; 1994 sp.s. c 7 § 427; 1993 c 347 § 1; 1989 c 219 § 1; 1982 1st ex.s. c 47 § 4.]
Notes:
Finding — Intent — Severability — 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date — 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Severability — 1982 1st ex.s. c 47: See note following RCW 9.41.190.
ANACORTES,
Chapter 9.36 WEAPONS Anacortes, Washington Code of Ordinances
9.36.010 Aiming or discharging weapons.
A.
It is unlawful for any person, without lawful authority, to aim any gun, pistol, revolver or other firearm whether loaded or not, at or toward any human being, or to willfully discharge any firearm within the city limits, or to willfully discharge an air gun, bow and arrow, sling shot, or like weapon in any place where persons or property might be unreasonably endangered thereby, whether or not injury or damage results.
B.
The unlawful aiming or discharging of weapons is a crime.
(Ord. 2017 § 4.6, 1986)
ARLINGTON,
Chapter 9.48 CRIMES RELATING TO FIREARMS AND DANGEROUS WEAPONS – Arlington, Washington – Code of Ordinances
9.48.020 – Unlawful use of air guns, penalty.
(a)
It is unlawful for any person to point or shoot an air gun at any person or property of another, or to aim or discharge such weapon in the direction of the person or residence of another, while within such range as to cause or inflict injury to the person or damage the property of another.
(b)
As used in this section, “air gun” means and includes the following; air gun, air pistol, air rifle, BB gun and toy or other guns of any kind or nature when so designed, contrived, modified and used to propel, by compressed air or spring-loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB, rock or other hard substance a distance of more than twenty-five feet with sufficient force to break windows or inflict injury upon persons or animals.
(c)
Any person convicted of a violation of the provisions of this section is guilty of a misdemeanor and, in addition to any other punishment imposed by the court, the court will direct that the weapon so used in violation of the these provisions be confiscated and disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found weapons.
(Ord. 1289 §2, 2002).
CAMAS,
Chapter 9.28 WEAPONS Camas, Washington Code of Ordinances
9.28.030 Aiming or discharging firearms.
1.
For conduct not amounting to a violation of Chapter 9A.36 Revised Code of Washington, any person who:
a)
Aims any firearms, whether loaded or not, at or towards any human being;
b)
Willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby. A public place shall not include any location at which firearms are authorized to be lawfully discharged; or
c)
Except as provided in RCW 9.41.185, sets a so-called trap, spring pistol, rifle or other dangerous weapon, although no injury results, is guilty of a gross misdemeanor.
(Ord. 2398 § 5, 2005: prior code § 5.48.040)
(Ord. No. 2598, § II, 9-20-2010)
9.28.040 Pistol—Carrying prohibited.
No person shall carry a pistol in any vehicle unless it is unloaded, or carry a pistol concealed on his person, except in his place of abode or fixed place of business, without a license therefor as provided for in RCW Chapter 9.41.
CARNATION,
Chapter 9.16 FIREARMS AND DANGEROUS WEAPONS Carnation, Washington Code of Ordinances
9.16.020 Unlawful use of air guns, bows and arrows, and crossbows—Penalty.
A.
It is unlawful for any person to knowingly:
1.
Sell a crossbow to any person under the age of eighteen years. Prior to the sale of a crossbow, the seller thereof shall verify the age of the purchaser by viewing a valid driver’s license or state-issued identification card and shall retain a copy thereof for a period of one year; or
2.
To point or shoot an air gun, bow and arrow or crossbow at any person or at the property of another, or to aim or shoot such weapons in the direction of the person or property of another, while within such range as to cause or inflict to the person or damage to the property of another.
B.
As used in this section, the phrase “air gun” means and includes the following: air guns, air pistols, air rifles, BB guns and toys or other guns of any kind or nature when designed, contrived, modified or used to propel, by compressed air or gasses or spring-loaded plunger, any pellet, dart, dart-tipped arrow, bean, pea, BB, rock or other hard substance or projectile.
C.
Any person convicted of a violation of the provisions of this section is guilty of a gross misdemeanor and, in addition to any other punishment imposed by the court, the court may direct that the weapon so used in violation of the provisions hereof be confiscated.
(Ord. 614 § 1 (part), 2001)
9.16.030 Use of air guns, crossbows, bows and arrows, and similar weapons prohibited—Exceptions.
A.
It is unlawful for any person to use an air gun, crossbow, bow and arrow, or other similar weapon designed or used for hunting wild animals or wild birds within the city limits, except as provided in subsection B of this section.
B.
Subsection A of this section shall not affect or apply to the following:
1.
The use of air guns, crossbows, or bows and arrows with due consideration for the safety of others.
a.
At a city-licensed or permitted archery range, meet, or other similar facility;
b.
Upon and within the private property of the user;
c.
Upon and within the private property of another with the property owner’s express permission; or
d.
For the humane destruction of a dangerous animal or an animal or bird suffering from serious injury or disease.
(Ord. 614 § 1 (part), 2001)
CHENEY,
CHAPTER 9A.07 FIREARMS Cheney, Washington Code of Ordinances
9A.07.010 Discharging weapons within the city limits.
Every person who fires or discharges any air compression rifle or pistol, or any gun, rifle, fowling piece, pistol or any other firearm within the limits of the City of Cheney, without first having obtained permission of the chief of police to do so, is guilty of a misdemeanor; provided, this section shall not apply to police and other peace officers in the lawful discharge of their duties.
(Ord. No. J-44, § 4(part), 1976)
CHEWELAH,
Chapter 9.08 DISCHARGE OF WEAPONS – Chewelah, Washington – Code of Ordinances
9.08.010 – Discharge of weapons unlawful.
It is unlawful for any person within the city limits of Chewelah to discharge a firearm and/or otherwise shoot or cast a projectile by means of a blowgun, air or CO 2 gun, rifle, pistol, slingshot, or bow and arrow capable of projecting any shot, ball, bullet, stone, gravel, arrow or any other substance or missile which may or could cause injury if striking a human being or animal. A written waiver allowing for an organization to use air or CO 2 guns or slingshots for educational or recreational purposes may be granted by the city council on a case by case basis.
(Ord. 473 § 1, 1984)
(Ord. No. 840, § 2, 3-7-2012)
COLLEGE PLACE,
Chapter 12.20 CITY PARKS College Place, Washington Code of Ordinances
12.20.060 Firearms and other dangerous weapons prohibited.
It is unlawful to carry, while in any city park, any firearm, pistol, rifle, shotgun, bow and arrow, cross bow, sling shot, air rifle, BB gun or any other weapon or device capable of hurling or propelling a projectile.
(Ord. 684 § 6, 1992)
COUPEVILLE,
Chapter 9.08 HUNTING AND SHOOTING – Coupeville, Washington – Code of Ordinances
9.08.020 – Shooting prohibited.
It is unlawful for any person to aim, fire or discharge any slingshot, arrow, air gun, air rifle, gun, pistol, revolver, tear gas gun or spray, mace gun or spray, any other firearm, or any other weapon likely to cause bodily harm within the limits of the Town, or outside the Town limits in such a manner that bullets, pellets, missiles, or other projectiles released by such actions could land within the Town limits. This section shall not apply to peace officers in the lawful performance of their duties, or to the lawful discharge of a weapon as outlined in RCW 9A.16.
(Ord. 530 § 3, 1996)
9.08.030 – Violation—Penalty.
Any person violating the provisions of this chapter shall be guilty of a misdemeanor, punishable by a fine of up to one thousand dollars ($1,000.00) or imprisonment of up to ninety (90) days, or by both fine and imprisonment.
(Ord. 530 § 4, 1996)
DARRINGTON,
Article XII. Firearms, Explosives, and Fireworks – Darrington, Washington – Code of Ordinances
9.04.725 – Aiming and discharging firearms and air guns prohibited.
A.
Any person who aims any firearm, whether loaded or not, air gun, deadly missile or other weapon at or towards any other person with the town, or who willfully discharges a firearm, air gun, or other weapon, or throws or launches any deadly missile or other weapon, in any public place or in any place where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized within the town is guilty of a misdemeanor.
B.
The provisions of this section do not apply to:
1.
A person engaged in military activities sponsored by the federal or state governments;
2.
Law enforcement personnel;
3.
Security personnel while engaged in official duties; or
4.
A person utilizing a properly licensed institutional, membership and/or commercial shooting range.
C.
“Air gun” means: air gun, air pistol, air rifle, BB gun, and toy and other guns designed or modified and used to propel by compressed air or spring loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB, rock, or other hard substance a distance of more than twenty-five feet with sufficient force to break a window or inflict injury upon persons or animals.
(Ord. No. 573, § 1, 9-11-2002)
Editor’s note—
Ord. No. 573, § 1, adopted September 11, 2002, enacted provisions intended for use as section 9.04.730. Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as section 9.04.725
DAYTON,
No local Air-gun ordinances listed, refer to Washington State laws pertaining to Air-Guns (see above State Law references).
DUVALL,
No local Air-gun ordinances listed, refer to Washington State laws pertaining to Air-Guns (see above State Law references).
FRANKLIN COUNTY,
ORDINANCE NO. 4-63
AN ORDINANCE PROHIBITING THE DISCHARGE OF FIREARMS OR GAS-OPERATED PELLET GUNS WITHIN CERTAIN PORTIONS OF FRANKLIN COUNTY CONTIGUOUS TO THE CITY OF PASCO AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF
BE IT ORDAINED BY THE COMMISSIONERS OF FRANKLIN COUNTY, WASHINGTON AS FOLLOWS:
Section 1. That from and after the effective date of this ordinance it shall be unlawful to discharge any firearm or gee operated pellet gun except in the otherwise lawful defense of the person, within the following described portion of Franklin County, to-wit:
Commencing at the intersection of the west city limits of the City of Pasco with the Columbia River, thence westerly along said Columbia River to the point where the Franklin County Irrigation District #3. pipeline empties into said river, thence northeasterly along said pipeline to the Franklin County Irrigation District #1 canal, thence in a general westerly direction along the north line of said canal to its end, thence on a line due easterly from the end of said canal to the west boundary of the Pasco city limits, thence in a general southerly direction along said boundary to the point of beginning.
Section 2. This Ordinance is deemed reasonably necessary to protect the health and safety of the occupants of the area described above; and will take effect immediately upon its passage and publication.
Section 3. Any person found guilty of violating the terms or provisions of this Ordinance may be punished by fine of not more than One Hundred ($100.00) dollars or imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment.
PASSED by the Board of Franklin County, Commissioners this 3rd day of November, 1963.
***
ORDINANCE 3-64
AN ORDINANCE AMENDING ORDINANCE NO. 4-63 AND PROHIBITING HUNTING AND THE DISCHARGE OF FIREARMS OR GAS-OPERATED PELLET GUNS WITHIN CERTAIN PORTIONS OF FRANKLIN COUNTY CONTIGUOUS TO AND WEST OF THE CITY OF PASCO AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF
BE IT ORDAINED BY THE COMMISSIONERS OF FRANKLIN COUNTY, WASHINGTON THAT ORDINANCE NO. 4-63 BE AMENDED TO READ AS FOLLOWS:
Section 1. That from and after the effective date of this ordinance it shall be unlawful to hunt birds and game involving the use of firearms or gas-operated pellet guns, or to discharge any firearm or gas-operated pellet gun except in the otherwise lawful defense of person or property, within that portion of Franklin County bounded as follows:
Commencing at the intersection of the west city limits of the City of Pasco with the north line of Argent -Road, thence west on said north line of Argent Road to the west line of Road 144, thence north on said west line of Road 144 to its intersection with the north line of the Franklin County Irrigation District #1 canal, thence westerly along the north line of said canal to its intersection with the west line of Road 68, thence south along the west line of Road 68 to its intersection with the north line of Argent Road, thence west on the north line of Argent Road to the west line of Road 81, thence south on the west line of Road 814 to the north line of Court Street, thence westerly on the north line of Court Street to its intersection with the Franklin County Irrigation District #1 pipeline, thence southerly along said pipeline to the Franklin County Irrigation District #1 pumping plant and the Columbia River, thence on a line due south from said pumping plant to a point of intersection with the south boundary of Franklin County lying within the channel of the Columbia River, thence downstream along said south boundary of Franklin County to its intersection with the west city limits of the city of Pasco, thence in a generally northerly direction along said west city limits to the point of beginning.
Section 2. This ordinance is deemed reasonably necessary to protect the health and safety of the occupants of the area described above; and will take effect immediately upon its passage and publication.
Section 3. Any person found guilty of violating the terms or provisions of this ordinance may be punished by fine of not more than One Hundred ($100.00) Dollars or imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment.
PASSED by the Board of Franklin County, Commissioners this 3rd day of March, 1964.
ORDINANCE 3-64
AN ORDINANCE AMENDING ORDINANCE NO. 4-63 AND PROHIBITING HUNTING AND THE DISCHARGE OF FIREARMS OR GAS-OPERATED PELLET GUNS WITHIN CERTAIN PORTIONS OF FRANKLIN COUNTY CONTIGUOUS TO AND WEST OF THE CITY OF PASCO AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF
BE IT ORDAINED BY THE COMMISSIONERS OF FRANKLIN COUNTY, WASHINGTON THAT ORDINANCE NO. 4-63 BE AMENDED TO READ AS FOLLOWS:
Section 1. That from and after the effective date of this ordinance it shall be unlawful to hunt birds and game involving the use of firearms or gas-operated pellet guns, or to discharge any firearm or gas-operated pellet gun except in the otherwise lawful defense of person or property, within that portion of Franklin County bounded as follows:
Commencing at the intersection of the west city limits of the City of Pasco with the north line of Argent -Road, thence west on said north line of Argent Road to the west line of Road 144, thence north on said west line of Road 144 to its intersection with the north line of the Franklin County Irrigation District #1 canal, thence westerly along the north line of said canal to its intersection with the west line of Road 68, thence south along the west line of Road 68 to its intersection with the north line of Argent Road, thence west on the north line of Argent Road to the west line of Road 81, thence south on the west line of Road 814 to the north line of Court Street, thence westerly on the north line of Court Street to its intersection with the Franklin County Irrigation District #1 pipeline, thence southerly along said pipeline to the Franklin County Irrigation District #1 pumping plant and the Columbia River, thence on a line due south from said pumping plant to a point of intersection with the south boundary of Franklin County lying within the channel of the Columbia River, thence downstream along said south boundary of Franklin County to its intersection with the west city limits of the city of Pasco, thence in a generally northerly direction along said west city limits to the point of beginning.
Section 2. This ordinance is deemed reasonably necessary to protect the health and safety of the occupants of the area described above; and will take effect immediately upon its passage and publication.
Section 3. Any person found guilty of violating the terms or provisions of this ordinance may be punished by fine of not more than One Hundred ($100.00) Dollars or imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment.
PASSED by the Board of Franklin County, Commissioners this 3rd day of March, 1964.
ORDINANCE NO. 7-71
AN ORDINANCE AMENDING ORDINANCE NO. 4-63 and 3-64, AND PROHIBITING HUNTING AND THE DISCHARGE OF GAS-OPERATED PELLET GUNS WITHIN CERTAIN PORTIONS OF FRANKLIN COUNTY CONTIGUOUS TO THE WEST OF THE CITY OF PASCO AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF
BE IT ORDAINED BY THE COMMISSIONERS OF FRANKLIN COUNTY, WASHINGTON THAT ORDINANCE NO. 3-64 BE AMENDED TO READ AS FOLLOWS:
Section 1. That from and after the affective date of this ordinance it shall be unlawful to hunt birds and game involving the use of firearms or gas-operated pellet guns, or to discharge any firearms or gas-operated pellet gun except in the otherwise lawful defense of person or property, within that portion of Franklin County bounded as follows:
Commencing at the intersection of the west city limits of the City of Pasco to its intersection with the north line of the Franklin County Irrigation District No. 1 canal, then westerly along the north line of said canal to the Franklin County Irrigation District (Rd. 111) No. 1 pumping plant and the Columbia River, thence on a line due south from said pumping plant to a point of intersection with the south boundary of Franklin County lying within the channels of the Columbia River, thence downstream along said south boundary of Franklin County to its intersection with the west city limits of the City of Pasco, thence in a generally northerly direction along said west city limits to the point of beginning.
Section 2. This ordinance is deemed reasonably necessary to protect the health and safety of the occupants of the area described above; and will take effect immediately upon its passage and publication.
Section 3. Any person found guilty of violating the terms or provisions of this ordinance may be punished by fine of not more than One Hundred ($100.00) Dollars or imprisonment in the county jail for not more than thirty (30) days, or by both fine and imprisonment.
PASSED by the Board of Franklin County Commissioners this 8th day of November, 1971.
BOARD OF COUNTY COMMISSIONERS
ORDINANCE LIST AND DISPOSITION TABLE Franklin County, Washington Code of Ordinances
3-64 Amends Ord. 4-63, discharge of firearms or gas-operated pellet guns (Not codified)
GOLD BAR,
No local Air-gun ordinances listed, refer to Washington State laws pertaining to Air-Guns (see above State Law references).
GRANT COUNTY,
No local Air-gun ordinances listed, refer to Washington State laws pertaining to Air-Guns (see above State Law references).
KLICKITAT COUNTY,
Chapter 1.28 COUNTY PARKS Klickitat County, Washington Code of Ordinances
28.010 Rules.
The following rules remain the same as previously adopted for all other county park facilities:
I.
Discharge of Firearms and Other Weapons is Prohibited. No person shall display, discharge or propel across, in, or into any park area a firearm, a bow and arrow, spear, spear gun, harpoon, or air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property.
MASON COUNTY,
Chapter 9.44 COUNTY PARKS AND FAIRGROUNDS* Mason County, Washington Code of Ordinances
090 Firearms and/or other weapons.
No person shall possess a firearm with a cartridge in any portion of the mechanism within any county park area or the fairgrounds, nor shall any person discharge or propel across, in or into any county park area or the fairgrounds, a firearm, bow and arrow, spear, spear gun, harpoon or air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property, except where the county for good cause has authorized a special recreational activity upon finding that it is not inconsistent with county parks or fairgrounds use.
(Ord. 91-06 Att. B (part), 2006).
MILLWOOD,
Chapter 9.32 OFFENSES BY OR AGAINST MINORS – Millwood, Washington – Code of Ordinances
9.32.040 – Possession of spring guns, air guns or slingshots.
A.
It is unlawful for anyone other than a parent or guardian or a person having their permission, to sell, give, furnish or cause to be furnished, or permit to be sold, given or furnished to a minor or knowingly to permit him to use or have in his possession any spring gun, air gun or any ammunition for any such gun, or any sling or slingshot.
B.
Penalty — Class B offense.
(Ord. 73 § 72.24.160, 1972)
NAPAVINE,
Chapter 12.16 PARKS, PLAYGROUNDS AND PUBLIC WAYS Napavine, Washington Code of Ordinances
12.16.080 Firearms restricted.=
No person shall possess, use or discharge any firearm, air gun, BB gun, slingshot or any bow and arrow in a public park, or use or discharge any such weapon in a public place, unless otherwise authorized as a part of an organized recreation program of the park and recreation department of the city, or other public agency.
(Ord. 136 § 15(8), 1983)
OAKVILLE,
Chapter 9.34 FIREARMS, DANGEROUS WEAPONS, EXPLOSIVES, AND HAZARDOUS WASTE – Oakville, Washington – Code of Ordinances
9.34.010 – Weapons apparently capable of producing bodily harm—Carrying, exhibiting, displaying or drawing unlawful—Exceptions.
A.
It is unlawful for anyone to carry, exhibit, display or draw any pistol, rifle, dagger, sword, knife or other cutting or stabbing instrument, club or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons. It is also unlawful, except as provided herein, for any person to possess, or have within an area of dominion and control, throwing stars and chako sticks. For the purposes of this section, pistol and rifle shall include but are not limited to pellet guns, B-B guns, air-propelled guns and similar devices. For the purpose of this section, chako sticks are defined as an instrument consisting of two or more sticks, clubs, bars or rods to be used as handles, connected by rope, cord, wire or chain in the design of a weapon used in connection with the practice of a system of self-defense, such as karate. In addition, for the purpose of this section, throwing stars are defined as an instrument consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape for use as a weapon.
B.
Any person violating the provisions of subsection A shall be guilty of a misdemeanor.
C.
Subsection A shall not apply to or affect the following:
1.
Any act committed by a person while in his or her place of abode or fixed place of business in self-defense of such abode or business;
2.
Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses while in the performance of such duty;
3.
Any person acting for the purpose of protecting himself or herself against the use or presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by the third person;
4.
Any person making or assisting in making a lawful arrest for the commission of a felony;
5.
Any person engaged in military activities sponsored by the federal or state governments; or
6.
Provision relating to chako sticks or throwing stars shall not apply to or affect regularly enrolled members of clubs and associations organized for the practice, instruction or demonstration of self-defense arts involving chako sticks or throwing stars while such members are at, or are going to and from their place of residence, a practice session, an instruction session, a demonstration, or place of repair, or while such members are going from the place of purchase, providing that the chako sticks or throwing stars are in a carrying case in the possession of the owner.
D.
The provisions of this section shall be subject to the provisions of RCW 9.41.270, incorporated later in this chapter, to the extent that they may be inconsistent.
(Ord. 510 § 1(part), 1999).
PIERCE TRANSIT,
No local Air-gun ordinances listed, refer to Washington State laws pertaining to Air-Guns (see above State Law references).
PORT ANGELES,
CHAPTER 9.42 WEAPONS Port Angeles, Washington Code of Ordinances
9.42.010 Discharging firearms.
It shall be unlawful for any person to fire or discharge any gun, pistol or firearm of any type within the City of Port Angeles; provided that this section shall not apply to peace officers engaged in the lawful performance of their duties, or persons discharging starting guns at athletic events, or to persons target shooting at a duly licensed shooting gallery in a carnival, circus, fair, parade, or unless otherwise allowed by ordinances of City or State or specifically authorized in writing by the Chief of Police. Discharging firearms shall be a Class II misdemeanor.
(Ord. 2447 § 1, 6/16/1987)
9.42.020 Air guns.
A.
It shall be unlawful for any person to use or discharge air guns, “BB” guns, slingshots or any other device capable of shooting or hurling pellets, slugs, “BB” shot, buckshot or any other missile or pellet over, along, or across any public street, alley, property, or private property of another without the consent of the owner or person in control thereof, within the City.
B.
Any air gun, “BB” gun or other device used in violation of this section may be confiscated by the Port Angeles Police Department and forfeited to the City. Discharging air guns shall be a Class II misdemeanor.
(Ord. 2447 § 1, 6/16/1987)
RIDGEFIELD,
Chapter 9.07 OFFENSES AGAINST GOVERNMENTAL ORDER Ridgefield, Washington Code of Ordinances
9.07.150 Weapons—Discharging firearms.
It is unlawful for any person willfully and without lawful authority to fire, set off, or discharge any bomb, gun, pistol, or firearm of any kind and/or otherwise shoot or cast a projectile by means of any blowgun, air gun, rifle, pistol, slingshot, bow, or any other device capable of causing physical injury or property damage in the city, except that this subsection shall not apply:
A.
To police officers while in the discharge of their lawful duties or for persons exercising the right specified in RCW 9A.16.020;
B.
To persons continuing with best farm management practices currently in existence, including, but not limited to, the slaughtering or humane destruction of livestock or wildlife, or the hazing of wildlife or wildfowl in conformance with the requirements of the Washington State Fish and Game Department or its successors, the U.S. Department of Agriculture, and the United States Wildlife Service.
C.
Violation of this section is a misdemeanor.
(Ord. 761 § 1, 2000: Ord. 495 § 1 (part), 1987).
(Ord. No. 1029, § 1, 4-9-2009)
ROYAL CITY,
No local Air-gun ordinances listed, refer to Washington State laws pertaining to Air-Guns (see above State Law references).
RUSTON,
Chapter 9.11 AIR GUNS, SLING SHOTS, WHIPS, TASERS AND SIMILAR DEVICES Ruston, Washington Code of Ordinances
9.11.010 Use of certain weapons prohibited.
It is unlawful for any person to carry, shoot, discharge, or use within the Town of Ruston any air gun, air rifle, slingshot, long bow, compound bow, crossbow, or any whip capable of inflicting serious injury to a human being, or any knife in a manner, under circumstances, and at a time and place which either manifests an intent to intimidate another or which warrants alarm for the safety of other persons.
(Ord. 507 § 1, Oct. 3rd, 1960; Ord. 947 § 1, April 17th, 1995).
TITLE 9 PUBLIC PEACE AND SAFETY Ruston, Washington Code of Ordinances
9.11.010 Use of certain weapons prohibited.
It is unlawful for any person to carry, shoot, discharge, or use within the Town of Ruston any air gun, air rifle, slingshot, long bow, compound bow, crossbow, or any whip capable of inflicting serious injury to a human being, or any knife in a manner, under circumstances, and at a time and place which either manifests an intent to intimidate another or which warrants alarm for the safety of other persons.
(Ord. 507 § 1, Oct. 3rd, 1960; Ord. 947 § 1, April 17th, 1995).
ORDINANCE TABLE Ruston, Washington Code of Ordinances
336 Discharge of air guns, rifles and other weapons (Repealed by 507)
SEATTLE,
Chapter 12A.14 WEAPONS CONTROL Seattle, Washington Municipal Code
12A.14.010 Definitions.
The following definitions apply in this chapter:
A.
“Air gun” means any air pistol or air rifle designed to propel a BB, pellet or other projectile by the discharge of compressed air, carbon dioxide or other gas.
12A.14.083 Weapons in public places.
A.
It is unlawful to knowingly carry or shoot any spring gun, air gun, sling or slingshot in, upon or onto any public place.
B.
For purposes of this section, “public place” means an area generally open to the public, regardless of whether it is privately owned, and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, parking lots, transit stations, transit vehicles and buildings.
(Ord. 123191, § 9, 2009; Ord. 119010 § 10, 1998: Ord. 117569 § 123, 1995: Ord. 90047 § 42, 1961.)
SELAH,
Chapter 6.12 DISCHARGING AIR GUNS OR FIREARMS Selah, Washington Code of Ordinances
6.12.010 Prohibited.
It shall be unlawful to discharge a firearm or an air gun in the city of Selah.
(Ord. 974 § 1 (part), 1990.)
6.12.020 Definition of air gun.
An air gun, including any air pistol or air rifle, designed to propel a BB pellet or other projectile by the discharge of compressed air, carbon dioxide or other gas.
(Ord. 974 § 1 (part), 1990.)
6.12.030 Exceptions.
Section 6.12.010 shall not include prohibitions against self-defense as defined by Washington state law, the exercise of authority by law enforcement personnel, sanctioned educational or firearm courses or armed forces memorial salutes.
(Ord. 1725 § 1, 2008: Ord. 974 § 1 (part), 1990.)
6.12.040 Violation.
Violation of this chapter shall constitute a misdemeanor.
(Ord. 974 § 1 (part), 1990.)
Title 6 PUBLIC PEACE, SAFETY AND MORALS Selah, Washington Code of Ordinances
6.12.010 Prohibited.
It shall be unlawful to discharge a firearm or an air gun in the city of Selah.
(Ord. 974 § 1 (part), 1990.)
6.12.020 Definition of air gun.
An air gun, including any air pistol or air rifle, designed to propel a BB pellet or other projectile by the discharge of compressed air, carbon dioxide or other gas.
(Ord. 974 § 1 (part), 1990.)
6.12.030 Exceptions.
Section 6.12.010 shall not include prohibitions against self-defense as defined by Washington state law, the exercise of authority by law enforcement personnel, sanctioned educational or firearm courses or armed forces memorial salutes.
(Ord. 1725 § 1, 2008: Ord. 974 § 1 (part), 1990.)
6.12.040 Violation.
Violation of this chapter shall constitute a misdemeanor.
(Ord. 974 § 1 (part), 1990.)
1725 Amends § 6.12.030, discharging air guns or firearms (6.12)
SKAMANIA,
Article I. Prohibited Activities. – Skamania County, Washington – Code of Ordinances
12.04.060 – Discharge of weapons prohibited—Exception.
It is unlawful in any park to use or discharge any firearms, air gun, BB gun or sling shot, or to use any bow and arrow except in connection with an organized program authorized by the park and recreation board of their assignee.
(Ord. 1974-01 § 5)
SPOKANE,
Chapter 6.06 NO SHOOTING AREA Spokane County, Washington Code of Ordinances
6.06.010 Definitions.
“Bow and arrow” means an instrument consisting of a curved, flexible strip of material strung taut from end to end (bow) used to launch a straight, thin shaft with a pointed head (arrow).
“Gun” means any shotgun, fowling piece, rifle, BB gun, air compression rifle, pellet gun, revolver, pistol, or other firearm which projects any bullet, shot, slug, pellet, BB, or any other missile or projectile of any nature.
“Restricted shooting” means a designation within a no shooting area or no shooting and no bow and arrow area wherein it is lawful to discharge a shotgun during hunting season as established by the appropriate Washington state agency.
(Res. 04-0831 (part), 2004; Res. 57-457 (part), 1957)
6.06.030 Prohibited acts.
(a)
It is unlawful for any person to discharge a gun in any of the no shooting areas described in this chapter. Provided, however, it is not unlawful to discharge a shotgun in any no shooting area which has also been designated a restricted shooting area during hunting season as established by the appropriate Washington state agency.
(b)
It is unlawful for any person to shoot a bow and arrow in any of the no bow and arrow areas described in this chapter.
(c)
It is unlawful for any person to discharge a gun except as provided for in subsection (a) of this section or shoot a bow and arrow in any of the no shooting and no bow and arrow areas described in this chapter.
(Res. 04-0831 (part), 2004; Res. 57-457 (part), 1957)
6.06.035 Exemptions.
(a)
The following shall be exempt from the provisions of Section 6.06.030(a):
(1)
Discharging a gun in the lawful protection of persons or property;
(2)
Maintaining and operating rifle and pistol ranges so long as they are consistent and in compliance with applicable land use regulations, if a permit is obtained from the Spokane County sheriff;
(3)
Small arms target practice by individuals, if a permit is obtained from the Spokane County sheriff;
(4)
Discharge of guns to eliminate pests, if a permit is obtained from the Spokane County sheriff; and
(5)
Discharge of guns equipped with blank cartridges, if a permit is obtained from the Spokane County sheriff.
(b)
The following shall be exempt from the provisions of Section 6.06.030(b):
(1)
Shooting a bow and arrow in the lawful protection of persons or property;
(2)
Holding of special trap shoots, turkey shoots and similar shooting contests by duly organized clubs, organizations and associations, if a permit is obtained from the Spokane County sheriff; and
(3)
Target practice by individuals on their own property, if a permit is obtained from the Spokane County sheriff.
(c)
All the activities described in subsections (a) and (b) of this section shall be exempt from the provisions of Section 6.06.030(c).
(Res. 04-0831 (part), 2004)
STEVENSON,
Chapter 9:9.41 FIREARMS AND DANGEROUS WEAPONS Stevenson, Washington Code of Ordinances
9:9.41.300 Firearms prohibited in certain places-Local laws and ordinances-Exceptions-Penalty.
(Adopting by reference RCW 9.41.300).
2.
Any person other than a peace officer aiming any gun, pistol, revolver or other firearm, whether loaded or not, operational or not operational, at or towards any other person or who willfully discharges any firearm, air gun or other weapon, or sets into motion a deadly missile, or detonates an explosive within the corporate limits of the city is guilty of a misdemeanor.
B.
Air guns.
1.
As used in this chapter, “air gun” means a gun of any kind or nature when so designed, contrived, modified and used to propel, by compressed air or spring—loaded BB, rock or other hard substance a distance of more than twenty-five feet with sufficient force to break windows or inflict injury upon persons or animals.
2.
Except as provided in this section, it is unlawful:
a.
For any person under sixteen years of age to carry or shoot any air gun within the city when not in the presence of his parent or other adult in loco parentis and under the direction and control of such adult;
b.
For any person to point or shoot an air gun at any person or property of another, or to aim or discharge such weapon in the direction of the person or residence of another while within such range as to cause or inflict injury to the person or damage the property of another;
c.
For any parent or person in loco parentis to allow, give or permit the possession of any air gun falling within the definition contained in this section to any child under the age of sixteen years, except under the provision of subsection (B)(2)(a) of this section;
d.
For any merchant to sell or rent any air guns to minors under sixteen years of age, except when the minor is in the presence of his parent or other adult in charge of the child.
3.
The provisions of subsections (B)(2)(a) and (B)(2)(c) of this section shall not apply:
a.
When the minor is possessing or using such weapons on a gun range operated or conducted by any school, educational institution or other regulated group pursuant to rules and regulations provided by the county sheriff or city ordinance and licensed by the city; or
b.
When the minor is carrying the weapon unloaded or otherwise properly dismantled, to and from the licensed or authorized course; or
c.
When the minor has obtained a certificate of proficiency from the county sheriff under the rules and regulations promulgated by the county sheriff to ensure the safe handling of the toys or weapons by the minor, or when confined to an area within the property of the parents of the minor which complies with the regulations relating to private practice or target ranges as promulgated by the county sheriff.
4.
Any person convicted of a violation of the provisions of this section shall be punished by a fine in a sum not exceeding one hundred dollars.
(Ord. 951 §2(part), 1998).
TENINO,
CHAPTER 10.24. DISORDERLY CONDUCT – Tenino, Washington – Code of Ordinances
10.24.020. – Term defined.
(a)
A person is guilty of disorderly conduct if, without lawful authority, he knowingly:
E.
Fires off or discharges any firearm, air gun or CO2 gun of any kind, or any bomb, not amounting to reckless endangerment as defined in the Revised Code of Washington;
THURSTON COUNTY,
No local Air-gun ordinances listed, refer to Washington State laws pertaining to Air-Guns (see above State Law references).
TIETON,
Chapter 8.24 NUISANCES – Tieton, Washington – Code of Ordinances
8.24.020 – Types of nuisances.
Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the enforcement officer determines that any of these conditions exist upon any premises the officer may require or provide for the abatement thereof pursuant to this chapter:
33.
The firing of any gun, pistol, firearm of any kind, pellet gun or BB gun within the city limits except by police officers in the lawful discharge of their duty;
UNION GAP,
No local Air-gun ordinances listed, refer to Washington State laws pertaining to Air-Guns (see above State Law references).
Union Town,
Chapter 9.10 FIREARMS AND DANGEROUS WEAPONS – Uniontown, Washington – Code of Ordinances
9.10.010 – Unlawful use of air guns, bows and arrows, slingshots and crossbows.
A.
It is unlawful for any person to point or shoot an air gun, bow and arrow, slingshot or crossbow at any person or at the property of another, whether or not damage or injury result.
B.
As used in this section, the words “air gun” mean and include the following: air gun, air pistol, air rifle, BB gun and toy or other guns of any kind or nature that are capable of propelling any pellet, dart, hard-tipped arrow, bean, pea, BB, rock or other hard substance.
(Ord. 328 §2(part), 1995)
WALLA WALLA,
No local Air-gun ordinances listed, refer to Washington State laws pertaining to Air-Guns (see above State Law references).
WHITE SALMON,
No local Air-gun ordinances listed, refer to Washington State laws pertaining to Air-Guns (see above State Law references).
WHITMAN COUNTY,
No local Air-gun ordinances listed, refer to Washington State laws pertaining to Air-Guns (see above State Law references).
WOODLAND,
No local Air-gun ordinances listed, refer to Washington State laws pertaining to Air-Guns (see above State Law references).
West Virginia-
West Virginia State Air-gun laws:
§ 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.
A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.
B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.
C. For purposes of this section, the word “firearm” means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word “ammunition,” as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.
(Code 1950, § 18.1-69.2; 1968, c. 513; 1975, cc. 14, 15; 1990, cc. 588, 599; 1992, c. 735; 2003, c. 976; 2005, c.
§ 22.1-277.07. Expulsion of students under certain circumstances; exceptions.
A. In compliance with the federal Improving America’s Schools Act of 1994 (Part F-Gun-Free Schools Act of 1994), a school board shall expel from school attendance for a period of not less than one year any student whom such school board has determined, in accordance with the procedures set forth in this article, to have possessed a firearm on school property or at a school-sponsored activity as prohibited by § 18.2-308.1; to have possessed a firearm or destructive device as defined in subsection E, a firearm muffler or firearm silencer, or a pneumatic gun as defined in subsection E of § 15.2-915.4 on school property or at a school-sponsored activity. A school administrator, pursuant to school board policy, or a school board may, however, determine, based on the facts of a particular situation, that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate. A school board may promulgate guidelines for determining what constitutes special circumstances. In addition, a school board may, by regulation, authorize the division superintendent or his designee to conduct a preliminary review of such cases to determine whether a disciplinary action other than expulsion is appropriate. Such regulations shall ensure that, if a determination is made that another disciplinary action is appropriate, any such subsequent disciplinary action is to be taken in accordance with the procedures set forth in this article.
B. The Board of Education is designated as the state education agency to carry out the provisions of the federal Improving America’s Schools Act of 1994 and shall administer the funds to be appropriated to the Commonwealth under this act.
C. Each school board shall revise its standards of student conduct no later than three months after the date on which this act becomes effective. Local school boards requesting moneys apportioned to the Commonwealth through the federal Improving America’s Schools Act of 1994 shall submit to the Department of Education an application requesting such assistance. Applications for assistance shall include:
1. Documentation that the local school board has adopted and implemented student conduct policies in compliance with this section; and
2. A description of the circumstances pertaining to expulsions imposed under this section, including (i) the schools from which students were expelled under this section, (ii) the number of students expelled from each such school in the school division during the school year, and (iii) the types of firearms involved in the expulsions.
D. No school operating a Junior Reserve Officers Training Corps (JROTC) program shall prohibit the JROTC program from conducting marksmanship training when such training is a normal element of such programs. Such programs may include training in the use of pneumatic guns. The administration of a school operating a JROTC program shall cooperate with the JROTC staff in implementing such marksmanship training.
E. As used in this section:
“Destructive device” means (i) any explosive, incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or other similar device; (ii) any weapon, except a shotgun or a shotgun shell generally recognized as particularly suitable for sporting purposes, by whatever name known that will, or may be readily converted to, expel a projectile by the action of an explosive or other propellant, and that has any barrel with a bore of more than one-half inch in diameter that is homemade or was not made by a duly licensed weapon manufacturer, any fully automatic firearm, any sawed-off shotgun or sawed-off rifle as defined in § 18.2-299 or any firearm prohibited from civilian ownership by federal law; and (iii) any combination of parts either designed or intended for use in converting any device into any destructive device described in this subsection and from which a destructive device may be readily assembled. “Destructive device” does not include any device that is not designed or redesigned for use as a weapon, or any device originally designed for use as a weapon and that is redesigned for use as a signaling, pyrotechnic, line-throwing, safety, or other similar device, nor shall it include any antique firearm as defined in subsection G of § 18.2-308.2:2.
“Firearm” means any weapon, including a starter gun, that will, or is designed or may readily be converted to, expel single or multiple projectiles by the action of an explosion of a combustible material or the frame or receiver of any such weapon. “Firearm” does not include any pneumatic gun, as defined in subsection E of § 15.2-915.4.
“One year” means 365 calendar days as required in federal regulations.
“School property” means any real property owned or leased by the school board or any vehicle owned or leased by the school board or operated by or on behalf of the school board.
F. The exemptions set out in § 18.2-308 regarding concealed weapons shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to persons who possess such firearm or firearms or pneumatic guns as a part of the curriculum or other programs sponsored by the schools in the school division or any organization permitted by the school to use its premises or to any law-enforcement officer while engaged in his duties as such.
G. This section shall not be construed to diminish the authority of the Board of Education or the Governor concerning decisions on whether, or the extent to which, Virginia shall participate in the federal Improving America’s Schools Act of 1994, or to diminish the Governor’s authority to coordinate and provide policy direction on official communications between the Commonwealth and the United States government.
(1995, cc. 724, 801; 1999, cc. 707, 1027; 2000, c. 523, § 22.1-277.01; 2001, cc. 688, 820; 2003, cc. 843, 976; 2004, c. 930; 2006, c. 703; 2013, c. 288.)
§ 18.2-287.01. Carrying weapon in air carrier airport terminal.
It shall be unlawful for any person to possess or transport into any air carrier airport terminal in the Commonwealth any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind, (ii) frame, receiver, muffler, silencer, missile, projectile or ammunition designed for use with a dangerous weapon, and (iii) any other dangerous weapon, including explosives, stun weapons as defined in § 18.2-308.1, and those weapons specified in subsection A of § 18.2-308. Any such weapon shall be subject to seizure by a law-enforcement officer. A violation of this section is punishable as a Class 1 misdemeanor. Any weapon possessed or transported in violation of this section shall be forfeited to the Commonwealth and disposed of as provided in § 19.2-386.28.
The provisions of this section shall not apply to any police officer, sheriff, law-enforcement agent or official, or conservation police officer, or conservator of the peace employed by the air carrier airport, nor shall the provisions of this section apply to any passenger of an airline who, to the extent otherwise permitted by law, transports a lawful firearm, weapon, or ammunition into or out of an air carrier airport terminal for the sole purposes, respectively, of (i) presenting such firearm, weapon, or ammunition to U.S. Customs agents in advance of an international flight, in order to comply with federal law, (ii) checking such firearm, weapon, or ammunition with his luggage, or (iii) retrieving such firearm, weapon, or ammunition from the baggage claim area.
Any other statute, rule, regulation, or ordinance specifically addressing the possession or transportation of weapons in any airport in the Commonwealth shall be invalid, and this section shall control.
(2004, c. 894; 2007, cc. 87, 519; 2013, c. 746.)
§ 18.2-283.1. Carrying weapon into courthouse.
It shall be unlawful for any person to possess in or transport into any courthouse in this Commonwealth any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind, (ii) frame, receiver, muffler, silencer, missile, projectile or ammunition designed for use with a dangerous weapon and (iii) any other dangerous weapon, including explosives, stun weapons as defined in § 18.2-308.1, and those weapons specified in subsection A of § 18.2-308. Any such weapon shall be subject to seizure by a law-enforcement officer. A violation of this section is punishable as a Class 1 misdemeanor.
The provisions of this section shall not apply to any police officer, sheriff, law-enforcement agent or official, conservation police officer, conservator of the peace, magistrate, court officer, judge, or city or county treasurer while in the conduct of such person’s official duties.
(1988, c. 615; 2004, c. 995; 2007, cc. 87, 519; 2012, c. 295.)
Notes on “Air-guns” and what is considered an air-gun under West Virginia Statutes:
In a series of cases that began in 1993, the question of whether or not a BB gun is a firearm for purposes of simple possession statutes has been definitively answered.
<!–[if !supportLists]–>è <!–[endif]–>In 1993, the court said in Jones v. Commonwealth (429 S.E.2d 615) that:
<!–[if !supportLists]–>è <!–[endif]–>Code § 18.2-308.2 prohibits a felon from possessing a device that has the actual capacity to do serious harm because of its ability to expel a projectile by the power of an explosion, and it is not concerned with the use or display of a device that may [merely] have the appearance of a firearm.
<!–[if !supportLists]–>è <!–[endif]–>This holding was followed in 1998 in Gregory v. Commonwealth (504 S.E.2d 886) and again in 2000 in Williams v. Commonwealth (537 S.E.2d 21).
<!–[if !supportLists]–>è <!–[endif]–>The currently controlling case is from 2001. In Armstrong v. Commonwealth (549 S.E.2d 641) the court made it very clear:
<!–[if !supportLists]–>è <!–[endif]–>[T]here is no public policy or legislative intent to find a felon who possesses a BB gun, a squirt gun or a plastic toy gun to be in possession of a firearm. That is all the Jones decision held. When the General Assembly used the term “firearm” in Code § 18.2-308.2, it meant a “firearm” is a firearm under that statute if it was made to shoot bullets, not BBs or tap water.
<!–[if !supportLists]–>è <!–[endif]–>I should note at this point that the courts have made one broad exception to this interpretive rule and that is in a case where an air gun is used to facilitate a crime of violence where victim perception is a factor. In any case where a “firearm” is being used in such a crime, the Virginia courts have adopted a broader definition that does include air guns. This rationale was explained in Witeiner v. Commonwealth (656 S.E.2d 418, 51):
<!–[if !supportLists]–>è <!–[endif]–>[A]s a practical matter, a crime victim ‘cannot be required to distinguish between a loaded pistol and a spring gun when it is brandished during the commission of a felony.’
<!–[if !supportLists]–>è <!–[endif]–>The statutes to which this broader interpretation extend include § 18.2-53.1 (Use or display of firearm in committing felony) and § 18.2-51 (Shooting, stabbing, etc., with intent to maim, kill, etc.).
<!–[if !supportLists]–>è <!–[endif]–>But so far as mere purchase, possession, or lawful-use is concerned, the Virginia courts agree with my assessment that the term “firearm” does not include air guns and only those provisions which expressly apply to air guns will affect the legality of their use.
<!–[if !supportLists]–>è <!–[endif]–>So let’s turn to Virginia’s other purchase and possession provisions to see if any of them expressly apply to air guns.
BECKLEY,
ARTICLE I. IN GENERAL Beckley, West Virginia Code of Ordinances
Sec. 10-49. Same—Discharge of firearms and other weapons.
It shall be unlawful for any person to fire or discharge within the city any cannon, gun, pistol, B-B gun, B-B pistol, air rifle, air pistol, slingshot or gravel shooter or any firearm, except in case of necessity or in the discharge of some public duty or at a military formation by order of the officer in command, or with the permission of the mayor or chief of police; provided, that nothing herein shall prohibit the firing or shooting of a B-B gun, B-B pistol, air rifle, air pistol, slingshot or gravel shooter by a person on such person’s property, or on the property of another with the permission of the latter, so long as the stone, pellet or other missile projected by such device does not leave the property from which it is fired or shot and does not endanger the person or property of any other person.
(Code 1971, § 25-4)
CHAPTER 18 (House Bill No. 598—Mr. Heaberlin.) Beckley, West Virginia Code of Ordinances
Sec. 21. General powers of common council.
The council of said city shall have the general powers enumerated in the subdivisions of this section, as follows:
(22)
To regulate the keeping, handling and transportation of explosives and dangerous combustibles within the municipality; and to regulate or prohibit the use of firecrackers, sky rockets, toy pistols, air rifles or guns within the said municipality.
BLUEFIELD,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
CHARLESTON,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
GAULEY BRIDGE,
ARTICLE I. IN GENERAL – Gauley Bridge, West Virginia – Code of Ordinances
Sec. 24-19. – Responsibility of parents, etc., for use of air guns, etc., possessed by minors under their charge; penalties.
(a)
It shall be unlawful for any parent, guardian of any minor, or anyone standing in loco parentis with reference to any minor, knowingly to permit such minor to have in his possession any pneumatic gun, air gun or other device of any kind capable of inflicting any damage or injury to any part of the anatomy of any person at a distance of more than 500 feet from the place where the same is discharged or fired, upon the public streets, sidewalks or other public places in the town, or to fire or discharge the same upon any private property of another; and knowledge of the possession of such gun or mechanical device by such minor or child at any place within the town, whether within the home of such parent, guardian or other person standing the place of the parent with reference to such minor, or in any public place therein, shall be prima facie evidence of knowledge by such parent, guardian or those standing in loco parentis of the possession thereof by such minor upon the public streets, sidewalks or other public places, and upon private property where there exists the possibility that the projectile or missile fired therefrom may come to rest or alight as hereinbefore set forth.
(b)
Any parent, guardian or person standing in loco parentis of any minor who violates any of the provisions of this section shall, upon conviction thereof, be fined not less than $5.00 nor more than $50.00 for the first offense, and for each subsequent violation shall be fined not less than $10.00 nor more than $100.00 and, in addition, may be imprisoned for not more than 30 days.
(Code 1979, § 16-25; Ord. of 7-6-1954)
HURRICANE,
ARTICLE 545. WEAPONS AND EXPLOSIVES – Hurricane, West Virginia – Code of Ordinances
Sec. 545.11. – Discharging firearms.
(a)
No person shall discharge any air gun, rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the City.
(b)
This section does not apply when firearms are used in self-defense, in the discharge of official duty or when otherwise lawfully authorized.
(Code 1991, § 545.11)
ARTICLE 967. PARKS AND RECREATION – Hurricane, West Virginia – Code of Ordinances
Sec. 967.02. – Firearms, fireworks, explosives and other weapons.
(a)
Firearms. No person shall carry a firearm of any description, air or gas gun, fireworks, explosive, slingshot or missile-throwing device into or within the park or discharge the same therein, provided, that a qualified law enforcement officer may carry a firearm within the park, provided, further, that shotguns enclosed in cases may be transported to and discharged in connection with a skeet and trap shooting range and such other shooting areas as may be designated in writing for such purpose by the Mayor.
MONTGOMERY,
CHAPTER 18 OFFENSES—MISCELLANEOUS* Montgomery, West Virginia Code of Ordinances
18-66 Weapons and explosives, restrictions applicable to minors under age sixteen, and restrictions as to firing of weapons and explosives.
(a)
No person under the age of sixteen years shall carry or have in his possession upon any street, park or other public space in the city any gun, pistol, rifle, air gun, bean shooter, bow and arrow, slingshot or other dangerous weapon of any character; provided, that nothing in this section shall be construed to prohibit any person under the age of sixteen years from carrying within the city a cased weapon while en route to or returning from lawful hunting grounds during any lawful hunting season and be then lawfully qualified to hunt.
(b)
No person shall cause to fire or shoot a firearm, pellet gun, bow and arrow, slingshot, bb gun, or any type of fireworks or explosives within the city limits, unless such person has previously obtained permission to do so in writing issued by the mayor, the recorder, the chief of police, or the senior police officer on duty in the absence of the chief of police.
MOOREFIELD,
CHAPTER 15.1 PARKS AND RECREATION Moorefield, West Virginia Code of Ordinances
Sec. 15.1-3. Firearms, fireworks, etc.; dangerous weapons; bows and arrows; hunting, trapping, etc.
(a)
Firearms, fireworks, explosives and weapons. No person shall have in his possession any firearm of any description, air or gas gun, fireworks, explosives, slingshot, or missile throwing device within the park, except that the director may authorize in writing possession and use of fireworks.
Corporation of
RANSON,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
Wisconsin-
Wisconsin State laws pertaining to Air-guns:
Wis. Stat. 948.61:
948.61 Dangerous weapons other than firearms on school premises.
(1) In this section:
(a) “Dangerous weapon” has the meaning specified in s. 939.22 (10), except “dangerous weapon” does not include any firearm and does include any BB or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol.
(b) “School” means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (15m), which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.
(c) “School premises” means any school building, grounds, recreation area or athletic field or any other property owned, used or operated for school administration.
(2) Any person who knowingly possesses or goes armed with a dangerous weapon on school premises is guilty of:
(a) A Class A misdemeanor.
(b) A Class I felony, if the violation is the person’s 2nd or subsequent violation of this section within a 5-year period, as measured from the dates the violations occurred.
(3) This section does not apply to any person who:
(a) Uses a weapon solely for school-sanctioned purposes.
(b) Engages in military activities, sponsored by the federal or state government, when acting in the discharge of his or her official duties.
(c) Is a law enforcement officer or state-certified commission warden acting in the discharge of his or her official duties.
(d) Participates in a convocation authorized by school authorities in which weapons of collectors or instructors are handled or displayed.
(e) Drives a motor vehicle in which a dangerous weapon is located onto school premises for school-sanctioned purposes or for the purpose of delivering or picking up passengers or property. The weapon may not be removed from the vehicle or be used in any manner.
(f) Possesses or uses a bow and arrow or knife while legally hunting in a school forest if the school board has decided that hunting may be allowed in the school forest under s. 120.13 (38).
(4) A person under 17 years of age who has violated this section is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.
History: 1987 a. 332; 1991 a. 17; 1993 a. 336; 1995 a. 27, 77; 2001 a. 109; 2005 a. 290; 2007 a. 27; 2009 a. 302.
Pellet guns and BB guns are dangerous weapons under this section. Interest of Michelle A.D. 181 Wis. 2d 917, 512 N.W.2d 248 (Ct. App. 1994).
Wisconsin generally prohibits the knowing possession of, or going armed with, a BB or pellet-firing gun on school premises.
1.Wis. Stat. § 948.61(1)(a), (2). A school is defined as a public, parochial or private school for students in grades 1 through 12, and school premises include any school building, grounds, recreation area or athletic field or any property owned, used or operated for school administration. Wis. Stat. § 948.61(1)(b), (c). For exceptions, see Wis. Stat. § 948.61(3).
Gun-Free Schools. Wisconsin law, which was modeled on the federal Gun-Free School Zone Act of 1990, prohibits the possession or shooting of a firearm within a school zone. It defines a school zone as in the school building, the school grounds, and the area within 1000 feet of the school grounds. The law provides a number of exceptions, including possessing a firearm on private property, using a firearm for a school program, or carrying a firearm while crossing a school zone to get to lands open to hunting, and it excludes BB guns, air guns, and starter pistols from the definition of “firearm” [s. 948.605].
ANTIGO,
ARTICLE II. PUBLIC SAFETY AND PEACE – Antigo, Wisconsin – Code of Ordinances
Sec. 22-31. – Firearms, explosives and other missiles.
(a)
Definition. For purposes of this section, a firearm is defined as any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device or gunpowder.
(b)
Discharge of firearms. No person, except a police officer, deputy sheriff, warden or other law enforcement officer in the performance of an official duty shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description in his/her possession or under his/her control within the city, provided that this subsection shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the common council.
ASHWAUBENON,
ARTICLE II. MISCELLANEOUS OFFENSES Ashwaubenon, Wisconsin Code of Ordinances
Sec. 9-02. Possession of dangerous weapons.
(f)
Weapons other than firearms. No person shall carry or have under his control any rifle, pellet gun, BB gun, slingshot or other weapon other than a firearm, as defined above, that projects any type of missile in public while such weapon is loaded or uncased or uncovered.
(g)
Discharge prohibited. No person shall discharge, or cause to be discharged, any weapon as defined herein within the village limits as defined in this section.
(Code 2006, § 9.02; Ord. No. O8-01-84, 8-28-1994; Ord. No. O12-02-84, 12-18-1994; Ord. No. O10-2-09, § 1, 10-13-2009; Ord. No. O9-5-11, § 1, 9-27-2011)
Barron,
DIVISION 3. WEAPONS AND EXPLOSIVES Barron, Wisconsin Code of Ordinances
Sec. 36-77. Firearms, explosives, and other missiles.
(a)
Firearm defined. For purposes of this section, a firearm is defined as any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gun powder.
(b)
Discharge prohibited; exception for shooting ranges. No person, except a police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description other than for target practice, within the city. In addition, no person shall in the territory adjacent to the city discharge any firearm in such manner that the discharge shall enter or fall within the city. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the common council where proper safety precautions are taken.
(c)
Detonation of explosive devices prohibited; exception. No person shall discharge or detonate any dynamite, nitroglycerin or other explosive within the city without first obtaining a permit to do so from the common council.
(d)
Hunting in city limits prohibited. Discharging a firearm or bow and arrow while hunting is prohibited within the corporate limits of the city.
(Code 1991, § 11-2-1)
ARTICLE II. CITY PARKS AND SWIMMING POOL Barron, Wisconsin Code of Ordinances
Sec. 38-23. Prohibited and restricted activities.
The following rules shall apply to all parks in the city now existing or hereafter established:
(21)
Firearms; hunting. Possessing or discharging of any air gun, sling shot, explosive, firearm or weapon of any kind is prohibited in all city parks.
BARRON COUNTY,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
BAYSIDE,
ARTICLE VII. WEAPONS Bayside, Wisconsin Code of Ordinances
Sec. 62-267. Discharging firearms or other dangerous weapons.
It shall be unlawful for any person except a sheriff or police officer to fire or discharge within the limits of the village any firearm, BB gun, pellet gun, air gun or gas-operated gun, or make use of a bow and arrow or slingshot or other dangerous weapon as defined in section 62-266 except as part of a deer management program approved by the village board and conducted under the supervision of the chief of police or the use of a bow and arrow used upon a range provided for that purpose, which range shall be under proper supervision.
(Ord. No. 318, § 1(41.05), 10-4-90; Ord. No. 96-376, § 1, 8-1-96)
BEAVER DAM,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
BELOIT,
CHAPTER 15 PUBLIC PEACE AND GOOD ORDER Beloit, Wisconsin Code of Ordinances
(1g)
DEFINITIONS. (Cr. #3455)
(a)
Dangerous Weapon means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation of blood; or any electric weapon, as defined in §941.295(1c)(a), Wis. Stats.
(4)
DISCHARGING FIREARMS. No person shall fire or discharge any firearm or air gun within the City, except a police officer in the lawful discharge of his duty, provided this subsection shall not apply to the target practice of the regular club, or any shooting gallery conducted within the permission of the Police Department.
BERLIN,
ARTICLE II. OFFENSES AGAINST PUBLIC SAFETY AND PEACE – Berlin, Wisconsin – Code of Ordinances
Sec. 46-31. – Regulation of firearms and explosives.
(a)
Discharge of firearms. No person, except a police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge a firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description, crossbow, or bow and arrow, within the city, except as set forth in subsections (c), (d), (e) and (f) of this section. Also, this section does not apply and may not be enforced if the actor’s conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in Wis. Stats. § 939.45.
(b)
Shooting into city limits. No person shall, in the territory adjacent to the city, or in the city but in a conservancy-1 or conservancy-2 zoning district, discharge any firearm in such a manner that the discharge shall enter or fall within a portion of the city not located in a conservancy-1 or conservancy-2 zoning district.
(c)
School district and city parks and recreation department shooting ranges. This section shall not apply to the lawful and supervised use of shooting ranges established by the Berlin School District and/or city parks and recreation department during scheduled lessons or events.
(d)
Conservancy-1 zoning district conditional use exception. The provisions of this section shall not prevent the discharge of firearms, rifles, spring guns, air guns or pneumatic guns of any description, or bows and arrows, within a conservancy-1 zoning district within the city limits, if the land upon which such activities are occurring is permitted as a shooting range under a valid conditional use permit.
(e)
Conservancy-2 zoning district exception. The provisions of this section shall not prevent the discharge of firearms, rifles, spring guns, air guns or pneumatic guns of any description, or bows and arrows, within a conservancy-2 zoning district within the city limits.
BIRCHWOOD,
DIVISION 2. FIREARMS, EXPLOSIVES AND HUNTING Birchwood, Wisconsin Code of Ordinances
Sec. 16-44. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearm means any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gunpowder.
(Code 1989, § 11-2-1(f))
Sec. 16-45. Discharge and possession of firearms regulated.
No person, except a police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description within the village or have any firearm, rifle, spring gun, air gun or pneumatic pellet gun in his possession or under his control unless it is unloaded and enclosed or encased within a carrying case or other suitable container pursuant to state law.
(Code 1989, § 11-2-1(a))
Sec. 16-46. Shooting into village limits.
No person shall in the territory adjacent to the village discharge any firearm in such manner that the discharge shall enter or fall within the village.
(Code 1989, § 11-2-1(b)
BONDUEL,
Chapter 22 ORDERLY CONDUCT – Bonduel, Wisconsin – Code of Ordinances
Sec. 22-2. – Possession and use of firearms and other dangerous weapons.
Other dangerous weapon includes bow and arrow, crossbow, sling shot, blow gun, air guns and BB guns, and other similar weapons.
BRILLION,
ARTICLE I. IN GENERAL – Brillion, Wisconsin – Code of Ordinances
Wis. Stats. § 948.605 Gun free school zones.
Sec. 58-12. – Regulation of firearms, explosives, and other missiles.
(a)
Discharge of firearms regulated. No person, except a police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description in his possession or under his control within the city, provided that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the common council.
(b)
Hunting prohibited. Hunting within the city is prohibited, but the chief of police may issue written permits to owners or occupants of private premises to hunt or shoot on such premises if he finds such privileges necessary for the protection of life or property, and subject to such safeguards as he may impose for the safety of the lives and property of other persons within the city.
(c)
Shooting into city limits. No person shall in the territory adjacent to the city discharge any firearm in such manner that the discharge shall enter or fall within the city.
(d)
Shooting ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the common council, upon the recommendation of the chief of police, where proper safety precautions are taken.
(g)
Definitions. For purposes of this section, a firearm is defined as any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gun powder.
Sec. 58-13. – Regulation of firearms and dangerous weapons
(d)
Reckless use of weapons prohibited.
(1)
No person shall endanger another’s safety by reckless conduct in the operation or handling of a firearm, air gun, knife or bow and arrow.
(2)
No person shall operate or go armed with a firearm, air gun, knife or bow and arrow while he is under the influence of an intoxicant.
(3)
No person shall intentionally point a firearm, air gun, knife or bow and arrow at or toward another person.
This subsection (d) does not prohibit any conduct that is subject to a valid defense under Wis. Stats. § 939.45.
(e)
Discharge of firearms and other weapons. No person, except a law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun (whether a missile is expelled by compressed air, gas or chemical), electric weapon or paint ball gun within the City of Brillion. This subsection (e) shall not prohibit any of the following:
(1)
The discharge of a BB gun when done on private property with the permission of the owner, under the supervision and in the presence of an adult, where the projectile does not leave the private property where the discharge occurs.
BROWN DEER,
ARTICLE II. OFFENSES INVOLVING PERSONAL INJURY OR DANGER Brown Deer, Wisconsin Code of Ordinances
Sec. 34-28. Firearms, weapons, missiles, and fireworks.
(a)
Discharging and carrying firearms; prohibitions.
(1)
No person, except a peace or law enforcement officer or member of the military in the line of duty as defined in Wisconsin Statutes, shall fire or discharge any firearm, rifle, spring gun, air gun (whether a missile is expelled by compressed air, gas or chemical) electric weapon, or paint ball gun within the Village of Brown Deer.
(2)
No person, except a peace or law enforcement officer or member of the military the line of duty or person acting within the terms of a license to carry a concealed weapon as defined in Wisconsin Statutes, shall have any firearm, spring gun, air gun (whether a missile is expelled by air, gas, or chemical) electric weapon, or paint ball gun in his or her possession or under his or her control unless it is both unloaded and locked or enclosed within a carrying case or other suitable container, excepting on private property the person owns, leases, or legally occupies.
BURNETT COUNTY,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
CAMBRIDGE,
Chapter 9.44 WEAPONS – Cambridge, Wisconsin – Code of Ordinances
9.44.010 – Definitions.
For purposes of this chapter, a “firearm” is defined as any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gun powder.
(Prior code § 11-2-1(g))
9.44.020 – Regulation of firearms, explosives and other missiles.
A.
Discharge of Firearms Regulated. No person, except a law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun or bow and arrow of any description in his or her possession or under his or her control within the village, and no person shall possess any firearm, rifle, spring gun, air gun or pneumatic pellet gun or bow and arrow unless it is unloaded and lawfully enclosed in a proper carrying case, provided that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the village board, or the firing or discharging of BB guns upon private premises by persons over sixteen (16) or under the direct personal supervision of a parent or guardian.
B.
Hunting Prohibited. Hunting within the village is prohibited.
C.
Shooting Into Village Limits. No person shall in the territory adjacent to the village discharge any firearm in such manner that the discharge shall enter or fall within the village.
D.
Shooting Ranges. This chapter shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the village board, upon the recommendation of the chief of police, where proper safety precautions are taken.
Chapter 12.48 PARKS – Cambridge, Wisconsin – Code of Ordinances
12.48.010 – Purpose and definition.
In order to protect the parks, parkways, recreational facilities and conservancy areas within the village from injury, damage or desecration, the regulations of this chapter are enacted. The term “park” as used in this chapter means and includes all grounds, structures and watercourses which are or may be located within any area dedicated to the public use as a park, parkway, recreation facility, play ground, swimming pool or conservancy area in the village.
(Prior code § 12-1-1(a))
12.48.020 – Specific regulations
21.
Firearms and Hunting. Possessing or discharging of any air gun, sling shot, explosive, firearm or weapon of any kind is prohibited in all village parks.
CAMPBELLSPORT,
ARTICLE X. WEAPONS Campbellsport, Wisconsin Code of Ordinances
Sec. 20-243. Discharge of weapons.
(a)
No person shall, within the limits of the Village of Campbellsport, commit any of the following offenses, namely: discharge any pistol, gun, air rifle, air pistol, fireman or other weapon for the discharge of bullets, projectiles or pellets, whether the bullets, projectiles or pellets be propelled by an explosion of a gun powder or other explosion or by a spring, air pressure, or other mechanical device or whether the bullets, projectiles or pellets be propelled in any other manner within the village limits unless granted a permit to do so by the police department. Permits shall be granted only to discharge any such weapons on land owned or leased by the applicant or some members of his/her family and then only when the circumstances are such that the discharge of such weapons on such land may be accomplished with safety. Permits may also be granted to persons 16 years of age or over to hunt on lands within the village limits if such persons have the consent of the owner or tenants on the property on which such hunting will be done. It is provided, however, that nothing in this section shall be construed to prevent shooting on duly supervised rifle or pistol ranges, duly supervised shooting galleries and shooting of bows of less than 15 pounds pull, which activities are specifically hereby exempted from the restrictions of this section.
CASHTON,
CHAPTER 2. OFFENSES AGAINST PUBLIC SAFETY AND PEACE – Cashton, Wisconsin – Code of Ordinances
Sec. 11-2-1. – Regulation of firearms, explosives, and other missiles.
(a)
Discharge of firearms regulated. No person, except a law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun or bow and arrow of any description in his possession or under his control within the village, unless it is unloaded and lawfully enclosed in a proper carrying case, provided that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the village board, or the firing or discharging of BB guns upon private premises by persons over 16 years or under the direct personal supervision of a parent or guardian.
CHETEK,
DIVISION 2. WEAPONS Chetek, Wisconsin Code of Ordinances
Sec. 62-84. Discharge and possession regulated.
(a)
Prohibitions; exceptions. No person, except a police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description, or bow and arrow/crossbow, within the City or have any firearm, rifle, spring gun, air gun or pneumatic pellet gun or bow and arrow, in his possession or under his control unless it is unloaded and enclosed or encased within a carrying case or other suitable container pursuant to State law.
(b)
Shooting into City limits. No person shall in the territory adjacent to the City discharge any firearm in such manner that the discharge shall enter or fall within the City.
(c)
Shooting ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the Common Council, after an advisory recommendation from the Chief of Police, where proper safety precautions are taken.
(d)
Explosive devices. No person shall discharge or detonate any dynamite, nitroglycerin or other explosive within the City without first obtaining a permit to do so from the Chief of Police.
(e)
Hunting prohibited. Hunting is prohibited within the corporate limits of the City.
(Code 2005, § 11-2-1(a)—(e))
Sec. 62-87. Weapons in public establishments prohibited.
(a)
No person shall have in his possession or carry any firearm, rifle, handgun, spring or air gun, knife with a three-inch or larger blade, bow and arrow device or switch blade as defined in Wis. Stats. § 941.24 within any public or business establishment within the City.
DIVISION 1. GENERALLY Chetek, Wisconsin Code of Ordinances
Firearm means any instrument from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gun powder.
CHIPPEWA FALLS,
CHAPTER 9 ORDERLY CONDUCT Chippewa Falls, Wisconsin Code of Ordinances
9.01 UNLAWFUL USE OF FIREARMS AND OTHER WEAPONS. (Am. #2011-18)
(1)
DISCHARGE. No person within this city, except in lawful defense of self, family or property, or in the lawful discharge of official duty shall fire or discharge any rifle, gun, or revolver or any cap pistol or other device for exploding percussion paper, caps or blank cartridges (subject to exceptions for blank cartridges under the next subsection). No person shall fire off or discharge any spring, air gun, crossbow, slingshot, or other similar device within this City in such a manner as to endanger the person or property of another. No person shall hunt (as defined in ch. 29, Wis. Stats., or any subsequent amendment or renumbering) within the City limits while in possession of a firearm. Police officers and their permittees may discharge weapons at the police firing range(s). National Guards, their officers and permittees may discharge weapons at the National Guard firing range(s).
SETTING SPRING GUNS PROHIBITED. No person shall set or fix any gun, pistol or other firearm or any spring gun so that it may be discharged by coming in contact therewith or with any string, wire or other contrivance attached thereto, whether for the purpose of killing game or for any other purpose.
CLARK COUNTY,
DIVISION 1. GENERALLY – Clark County, Wisconsin – Code of Ordinances
Sec. 28-36. – Weapon possession and use restricted.
It is unlawful for any person to have in his possession or under his control any firearm or air gun, as defined in Wis. Stats. § 939.22 unless the same is unloaded and enclosed in a carrying case, or any bow unless same is unstrung or enclosed in a carrying case, in any county park or in any campground or picnic area. Nothing in this section shall prohibit the approved use of such weapons on designated target ranges.
(Compiled Ords. of 2009, §§ 12.04.430(A), (C))
CLEVELAND,
CHAPTER 2. OFFENSES AGAINST PUBLIC SAFETY AND PEACE – Cleveland, Wisconsin – Code of Ordinances
Sec. 9-2-1. – Regulation of firearms and guns.
(a)
No person, except a sheriff, police officer or their deputies, shall fire or discharge any firearm, rifle, spring or air gun of any description, or tipped arrow, within the village or have any firearm, compound or strung bow, rifle, spring or air gun in his possession or under his control unless it is unloaded and enclosed or encased within a carrying case or other suitable container.
(b)
No person shall in the territory adjacent to the village discharge any firearm in such manner that the discharge shall enter or fall within the village.
(c)
This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges, shooting galleries or archery ranges approved by the chief of police and village board where proper safety precautions are taken.
Sec. 9-2-13. – Possession of firearms in public buildings and business establishments prohibited.
(a)
Definitions.
(1)
“Firearm” means any rifle, shotgun, handgun, spring gun, air gun or bow and arrow device.
CLINTON,
ARTICLE I. IN GENERAL – Clinton, Wisconsin – Code of Ordinances
Sec. 29-2. – Firearms and weapons.
(a)
Prohibited use. No person shall discharge any pistol, gun, air rifle, air pistol, firearm, bow, arrow, crossbow, or other weapon within the village.
(b)
Exception. Firearms may be discharged within the village under permit granted by the chief of police. Such permits shall be granted only for the discharge of such weapons on land owned or leased by the applicant or some member of his family only when the circumstances are such that the discharge of such weapons on such land may be accomplished with safety.
(Code 1979, § 9.02; Ord. No. 10-2011, 11-15-2011)
State law reference— Endangering safety by use of dangerous weapon, Wis. Stats. § 941.20.
COLUMBUS,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
County of
CRAWFORD,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
CUBA CITY,
CHAPTER 7 ORDERLY CONDUCT Cuba City, Wisconsin Code of Ordinances
7.01 OFFENSES AGAINST PUBLIC HEALTH AND SAFETY
(1)
REGULATION AND USE OF FIREARMS AND OTHER WEAPONS.
(c)
Air-guns, Slingshots, Spring Guns and Throwing Stones or Missiles. (Am. 6/3/86) No person shall discharge or shoot any air gun, air pistol, slingshot or other similar device and no person shall throw any stone, object, snowball or other missile or projectile at or into any building or vehicle within the City.
CUDAHY,
CHAPTER 10 PUBLIC NUISANCES Cudahy, Wisconsin Code of Ordinances
10.08 CHRONIC NUISANCE PREMISES. (Cr. #2075, Am. #2265.4)
(1)
FINDINGS. The Common Council finds that any premises that has generated 3 or more calls for police and/or fire department service for nuisance activities has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the city. The Common Council therefore directs the Chief of Police as provided in this section, to charge the owners of such premises the costs associated with abating the violations at premises at which nuisance activities chronically occur.
(2)
DEFINITIONS.
19.
Discharge of a firearm or any other related firearm or dangerous weapons offense, state or municipal, including carrying a concealed weapon, air gun, pellet gun, or paint ball gun. (Am. #2113)
CUMBERLAND,
CHAPTER 9 ORDERLY CONDUCT Cumberland, Wisconsin Code of Ordinances
9.01 DISCHARGING WEAPONS RESTRICTED.
(1)
No person shall shoot, fire or discharge any firearm, air gun, pellet gun, BB gun, sling shot or bow and arrow within the City except in an approved shooting gallery, and except in the case of the use of bow and arrows, on a target range approved and inspected by the Chief of Police; provided this section shall not prohibit any peace officer from discharging a firearm in the performance of his duty.
(2)
The Chief of Police shall inspect any target range within the City, upon request of a prospective user thereof, to determine whether such range is so constructed and designed as to reasonably protect the person and property of the users of such range and of the public from danger of injury to person and property.
Town of
DAYTON,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
DE PERE,
Chapter 8 OFFENSES AGAINST PUBLIC PEACE, SAFETY AND MORALS De Pere, Wisconsin Code of Ordinances
Sec. 8-2. Loading and discharge of weapons.
(b)
Weapons other than firearms.
(1)
No person shall carry or have under his control any air rifle, pellet gun, BB gun, slingshot or other weapon other than a firearm as defined above, that projects any type of missile in public while such weapon is loaded or uncased or uncovered.
(2)
No person shall discharge, or cause to be discharged, any weapon as defined herein within the city limits as defined in this section, except for the purpose of elimination of animals, as authorized by the department of natural resources and the city police department, and such decision may be appealed to the common council.
(Code 1974, § 41.02; Ord. No. 02-04, §§ 1, 2-20-2002; Ord. No. 09-16, § 1, 8-18-2009; Ord. No. 09-30, § 3, 12-15-2009)
DELAFIELD,
Chapter 9 PUBLIC PEACE AND GOOD ORDER – Delafield, Wisconsin – Code of Ordinances
9.02 – Firearms and Bows and Arrows. (Rep. & recr. #351)
(1)
Discharge and use restricted. It is hereby determined and declared necessary in the interest of the public health, safety and welfare that the discharge of firearms and use of bows and arrows be regulated within the City.
(2)
Definitions. For purposes of this section:
Firearms. A rifle of any caliber, spring powered rifle, air rifle, shotgun of any gauge, pistol or revolver of any caliber.
(e)
No person shall fire or go armed with any firearm or bow and arrow or discharge or be in immediate possession of any air or gas propelled gun while under the influence of any alcohol, drug or intoxicant.
County of
DODGE,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
EAGLE RIVER,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
ELKHORN,
Article 19.01. Parks and Recreation Elkhorn, Wisconsin Code of Ordinances
19.01.11 Firearms—Weapons.
No person in any park shall:
(1)
Carry onto, possess or discharge a shotgun, rifle, pistol, air rifle, sling shot, air gun, archery equipment, firearms or any other weapons or device that discharges projectiles either by air, explosive substance or any other force. This shall not apply to those law enforcement officers acting in their official capacity;
(2)
Possess any knife, hatchet or ax unless engaged in an appropriate activity.
(Ord. No. 02-02, § 1 (part).)
Chapter 9 PUBLIC PEACE AND GOOD ORDER Elkhorn, Wisconsin Code of Ordinances
9.045 Possession of a firearm.
No person, except a duly authorized current or qualified retired, peace officer, shall, within the City of Elkhorn, possess or carry in any manner any firearm, spring or air gun of any description.
FITCHBURG,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
County of
FOND DU LAC,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
FONTANA-ON-GENEVA LAKE,
ARTICLE II. OFFENSES AGAINST PUBLIC SAFETY AND PEACE Fontana-on-Geneva Lake, Wisconsin Code of Ordinances
Sec. 42-42. Dangerous weapons and firearms.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dangerous weapon means any device, excluding firearms, designed as a weapon and capable of producing death or great bodily harm, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.
Firearm means any firearm, whether loaded or unloaded, including a spring or air gun.
(d)
Discharging limited. No person, except a peace officer, shall fire or discharge any firearm, rifle, dangerous weapon, spring or air gun within the village limits, nor in the territory adjacent to the village, in such a manner that the discharge shall enter or fall within the village limits.
FORT ATKINSON,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
GERMANTOWN,
CHAPTER 9 PUBLIC PEACE AND GOOD ORDER Germantown, Wisconsin Code of Ordinances
9.02 FIREARMS AND OTHER DANGEROUS WEAPONS REGULATED. (Rep. & Recr. Ord. #16-95; Am. Ord. #7-11)
(1)
DEFINITIONS. (Am. Ord. #4-96; Am. Ord. #15-11)
(a)
Weapon. Includes bow and arrow, crossbow, air gun, BB gun, sling shot, blow gun and other similar weapons, as well as those enumerated in §§175.60(1)(j) and 939.22(10), Wis. Stats., which are adopted by reference.
GREENFIELD,
Chapter 10 PUBLIC PEACE AND GOOD ORDER Greenfield, Wisconsin Code of Ordinances
(3)
Discharge of firearms and other weapons.
(a)
No person, except a peace officer shall fire or discharge any firearm, rifle, spring or air gun within the City. The City Council may permit the maintenance and use of supervised rifle or pistol ranges or shooting galleries. This subsection shall prohibit hunting within the City.
(b)
This section may not be enforced if the actor’s conduct is justified or, had it been subject to criminal penalty would have been subject to a defense described in § 939.45, Wis. Stats.
10.02 Throwing or shooting of arrows, stones and other missiles prohibited. (Cr. #1414)
No person shall throw or shoot any object, arrow, stone, snowball or other missile or projectile by hand or by any other means at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the City. This section shall not prevent the maintenance of public archery ranges or properly supervised private archery ranges or shooting galleries using air rifles, constructed and maintained as required by the Building Inspector so as not to endanger life, limb or property. Any implement used in violation of this section may be confiscated.
GREENWOOD,
CHAPTER 2. OFFENSES AGAINST PUBLIC SAFETY AND PEACE – Greenwood, Wisconsin – Code of Ordinances
Sec. 11-2-1. – Discharge of firearms, explosives, and other missiles within city limits.
(a)
Discharge of Firearms Regulated. No person, except a law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description in his/her possession or under his/her control within the City of Greenwood, provided that this Section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the Common Council, or the firing or discharging of BB guns upon private premises by persons over sixteen (16) or under the direct personal supervision of a parent or legal guardian.
(g)
Definitions. For purposes of this Section, a firearm is defined as any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gun powder.
HAMMOND,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
HARRISON, CALUMET COUNTY,
DIVISION 2. DISCHARGE OF FIREARMS – Harrison, Calumet Co, Wisconsin – Code of Ordinances
Sec. 16-60. – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Ammunition means any single slug, single ball, scatter shot, fine shot, pellet, or BB.
Dwelling means any house, apartment, business building, cottage, or mobile home.
Firearm means any rifle, shotgun, muzzle loader, handgun, or air gun.
(Ord. No. 5, § 1, 6-8-1976; Ord. No. 91, § 1, 6-29-2003)
HARTLAND,
ARTICLE I. IN GENERAL Hartland, Wisconsin Code of Ordinances
Sec. 66-3. Firearms.
To the extent not otherwise specifically permitted by Wisconsin Statutes:
(a)
No discharge of firearm. No person, except a law enforcement officer, shall fire or discharge any firearm, air gun or similar weapon of any description within the village unless the discharge is justified pursuant to Wis. Stats. § 167.31(4) or if the discharge is subject to a defense of privilege under Wis. Stats. § 939.45.
(b)
Possession or control of weapon. The following additional provisions shall apply to firearm possession or control:
(1)
No person, except a law enforcement officer, shall have in his or her possession or under his or her control, a firearm on land located in municipal parks unless the firearm is unloaded and enclosed within a carrying case, or the person is specifically permitted to carry such a firearm by Wisconsin Statutes.
(2)
No person may place, possess, carry or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is a hand gun or unless the bow or crossbow is unstrung or is enclosed in a carrying case, or the person is specifically permitted to carry or transport such an item by Wisconsin Statutes. This subsection does not apply under the conditions specified in Wis. Stats. § 167.31(4).
(3)
No person may place, possess, carry or transport a weapon, as defined by Wis. Stats. 175.60(j), whether concealed or otherwise, in any municipal building, including but not limited to all areas within village hall, the public library, the department of public works and the fire department building, unless such person qualifies as a law enforcement officer under Wis. Stats. § 165.85(2)(c).
(c)
Shooting galleries. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the village board, or the firing or discharging of BB guns for target shooting upon private premises if the property owner is present or has provided written consent, by persons over 16 or under the direct personal supervision of a parent or guardian. Material must be placed on the back of any target to prevent the BB from passing completely through it and targets must be placed so that any BB missing the target cannot enter any adjacent property.
(Code 1991, § 9.01; Ord. No. 711-05, § 2, 5-23-2005; Ord. No. 779-10, § 2, 4-12-2010; Ord. No. 791-11, § 1, 10-24-2011)
HOWARD,
Subdivision II. Restrictions on Use Howard, Wisconsin Code of Ordinances
Sec. 24-69. Use of firearms and other weapons prohibited.
(a)
Discharge of firearms within the village limits. Except as provided for in section 24-70, no person, except an authorized police officer, shall discharge, or cause to be discharged, any firearm within the village limits as defined in this section. It shall be unlawful for any center fire rifle to be discharged in the village and the exceptions set forth in section 24-70 do not apply to the discharge for any center fire rifle.
(b)
Weapons other than firearms. No person shall carry or have under his control any rifle, pellet gun, BB gun, slingshot or other weapon other than a firearm, as defined above, that projects any type of missile in public while such weapon is loaded or uncased or uncovered.
ARTICLE II. PARK REGULATIONS Howard, Wisconsin Code of Ordinances
Sec. 28-21. Unlawful conduct prohibited.
It shall be unlawful for any person to commit any of the following acts in or upon any park within the village:
(11)
Paintball. Paintball, airsoft guns, BB guns or similar activities and devices are prohibited in parks.
JUNEAU,
Chapter 9.04 OFFENSES AGAINST PUBLIC SAFETY Juneau, Wisconsin Code of Ordinances
9.04.010 Discharging and carrying firearms and guns prohibited.
No person, except a sheriff, constable, police officer or their deputies, shall fire or discharge any firearm, rifle, spring or air gun within the city or have any firearm, rifle, spring or air gun in his possession or under his control unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container; provided that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries by the chief of police.
(Prior code § 9-2-1)
KEWASKUM,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
KEWAUNEE,
ARTICLE II. OFFENSES AGAINST PUBLIC HEALTH AND SAFETY – Kewaunee, Wisconsin – Code of Ordinances
Sec. 54-31. – Firearms and other weapons.
(a)
Carrying concealed weapons. No person shall carry any concealed pistol, revolver or other similar firearm about the city, or have any firearm, rifle, spring gun or air gun in his possession, unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container, except that this provision shall not apply to any policeman or other officer of the law entitled to carry firearms.
(b)
Intoxicated person not to carry firearms. No person in a state of intoxication shall go armed in and about the city with any firearm, whether loaded or unloaded.
(c)
Discharging firearms and other weapons. No person except a peace officer shall discharge any pistol, revolver, rifle, shotgun or other firearm or hunting arrow or arrows within the city, except where the use of such firearm or arms or hunting arrows are required for the protection of person or property, or where used in supervised rifle or pistol ranges or shooting galleries.
(Code 1994, § 8.01(1))
KOHLER,
Chapter 10.90 CARRYING AND USE OF DANGEROUS WEAPONS – Kohler, Wisconsin – Code of Ordinances
10.90.020 – Restrictions.
A.
No person except as authorized by Wis. Stat. § 941.23 shall go armed with a concealed weapon.
B.
No person except a sheriff, police officer or other law officers or state licensed detective, security guard or commercial guard who is properly attired in the uniform of his/her employer shall discharge any firearm, rifle, spring gun or air gun or shoot any bow and arrow within the village except at established target ranges or on game farms and hunting reserves duly licensed as such by the state. This subsection shall not apply to the discharge of a firearm if the actor’s conduct is justified, or had been subject to criminal penalty, would have been subject to a defense described in Wis. Stat. § 939.45.
(Ord. No. 2012-5, § 1, 2-14-2012)
10.90.030 – Confiscation.
Any peace officer shall confiscate any weapon discharged or carried contrary to this chapter.
(Ord. No. 2012-5, § 1, 2-14-2012)
10.90.040 – Penalties.
Any person who violates this chapter is subject to a forfeiture of not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00), plus penalty assessment and court costs.
(Ord. No. 2012-5, § 1, 2-14-2012)
LANNON,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
County of
LINCOLN,
CHAPTER 19 PARKS AND RECREATION (Rep.& recr. #2005-09-456) Lincoln County, Wisconsin Code of Ordinances
19.06 FIRES, FIREWORKS, FIREARMS.
(3)
DISCHARGE OF WEAPONS PROHIBITED. (Am. #2012-03-586) No person may discharge a firearm, air gun or gas operated gun, slingshot, bow or crossbow or other weapon in a Lincoln County park or other recreational facility.
LITTLE CHUTE,
ARTICLE II. OFFENSES AGAINST PUBLIC SAFETY AND PEACE Little Chute, Wisconsin Code of Ordinances
Sec. 30-21. Regulation on the discharging of firearms, electric weapons and other devices.
(b)
Regulated acts:
(3)
Discharge of spring gun, air gun, pneumatic pellet gun or paintball gun prohibited. No person shall fire or discharge any spring gun, air gun, paintball gun, or pneumatic pellet gun of any description within the Village of Little Chute.
(4)
Shooting into village limits. No person shall in the territory adjacent to the village discharge any firearm in such manner that the discharge shall enter or fall within the Village of Little Chute.
Madison,
Chapter 25 – Offenses Against Public Safety
25.08 POSSESSING FIREARMS OR BOW AND ARROW IN CONSERVANCY DISTRICTS OR
PARKS AND RECREATION DISTRICTS PROHIBITED WITHOUT CONSENT. No person shall
possess or carry about any cannon or firearm of any description, or any air gun, or any bow, crossbow or
Sec. 25.08 OFFENSES AGAINST PUBLIC SAFETY
Rev. 3/15/13 25 – 18
similar device which propels or projects an arrow or similar projectile, in a conservancy zoning district
without the written consent of the owner or the owner’s agent or operator of any land therein located. (Cr.
by Ord. 8330, 5-11-84; Am. by ORD-12-00134, 1-2-13)
County of
MARATHON,
WAUSAU CITY PARKS Marathon County, Wisconsin Code of Ordinances
Sec. 19.20. Fires, fireworks, firearms, missiles.
(3)
Firearms.
(a)
No person, except a law enforcement officer, shall discharge any firearm, rifle, bow, arrow, spear, spring or air gun of any description in any Wausau park provided that this section shall not prevent the maintenance and use of supervised rifle or pistol ranges or shooting galleries authorized by the Wausau Common Council. This subsection shall be deemed to prohibit hunting in Wausau parks. [WMC 9.08.010(a)]
McFarland,
ARTICLE II. OFFENSES AGAINST PUBLIC SAFETY AND PEACE – McFarland, Wisconsin – Code of Ordinances
Sec. 38-21. – Regulation of firearms and explosives.
(a)
Definition. For the purposes of this Section, the term “firearm” means any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gunpowder.
(b)
Discharge and possession of firearms regulated. No person, except a police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description, or bow and arrow, within the Village or have any air gun or pneumatic pellet gun or bow and arrow, in their possession or under their control unless it is unloaded and enclosed or encased within a carrying case or other suitable container pursuant to state law.
(c)
Shooting into Village limits. No person shall in the territory adjacent to the Village discharge any firearm in such manner that the discharge shall enter or fall within the Village.
MENOMONEE FALLS,
DIVISION 2. PERMITS Menomonee Falls, Wisconsin Code of Ordinances
Sec. 66-51. Activities for which a permit is required.
(g)
[Use of firearms, rockets, torpedos and fireworks; hunting with bow and arrow; trapping.] Unless otherwise authorized by Wisconsin Statutes, no person shall fire or discharge any gun, pistol, firearm, bow and arrow, nor any rocket, torpedo or any other fireworks of any description; nor shall any person engage in trapping; nor shall any person hunt with bow and arrow within any park or parkway except upon written permit. The word “gun” shall include air guns.
DIVISION 3. WEAPONS Menomonee Falls, Wisconsin Code of Ordinances
Weapons means and includes all instruments and devices used for the purpose of propelling bullets, shot, arrows or other missiles, either by explosion, compression, tension, gas, spring or any other means, and shall include, without limitation for lack of specific enumeration, all forms of guns, rifles, air rifles and air guns, revolvers, bows and arrows, slingshots and other similar type of equipment or device capable of propelling such bullets, shot, arrows or missiles through the air by reason of discharge therefrom.
MEQUON,
ARTICLE II. PUBLIC USE OF PARKS Mequon, Wisconsin Code of Ordinances
Sec. 54-29. Rules and regulations governing Ozaukee Interurban Trail within the corporate limits of the City of Mequon.
(a)
Intent or purposes. The following rules and regulations shall apply exclusively to the Ozaukee Interurban Trail for the purpose of operating that multi-use transportation/recreational trail in an orderly and efficient manner. These rules are necessary to promote and protect the safety of all persons using the trail and to preserve and maintain the trail in good condition. The Ozaukee County parks commission will administer the Ozaukee Interurban Trail as designated multi-use trail.
(b)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
e.
The use of all fireworks, air guns, paintball guns, firearms, projectile devices or archery equipment is prohibited within the boundaries of the Ozaukee Interurban Trail. This prohibition shall not apply to authorized law enforcement personnel while they are engaged in their official duties.
i.
No person may carry, have in his/her possession or have under his/her control any firearms, air gun, paintball gun, projectile devices or archery equipment, unless it is unloaded and within a case within the boundaries of the Ozaukee Interurban Trail. This prohibition shall not apply to authorized law enforcement personnel while they are engaged in their official duties.
DIVISION 2. RESTRICTIONS ON CARRYING AND DISCHARGING WEAPONS AND HUNTING Mequon, Wisconsin Code of Ordinances
Sec. 46-105. Definitions.
As used in this division 2, the following terms shall have the following meanings:
1.
“City” means the City of Mequon.
2.
“DNR” means the Wisconsin Department of Natural Resources or any successor agency of the State of Wisconsin.
3.
“Designated closed area” means (a) the area bounded by Lake Michigan on the east, the southern boundary of the city on the south, Cedarburg Road on the west and Highland Road on the north; and (b) all property adjacent to the Milwaukee River in the city.
4.
“Look-alike weapon” means any item that bears a reasonable resemblance to or which reasonably can be perceived to be an actual weapon.
5.
“Police department” means the Mequon Police Department.
6.
“Weapon” means any instrument used to propel bullets, shot, arrows or other missiles, whether from cartridge, shell or other container, either by explosion, compression, tension or other means, and shall include without limitation all handguns, shotguns, rifles (including air rifles and air guns of any description), bow and arrows and all similar equipment from which bullets, shot, arrows or missiles are propelled through the air.
(Ord. No. 2004-1115, § I(11.02(a)), 8-17-2004)
MERRILL,
ARTICLE II. OFFENSES AGAINST PUBLIC SAFETY AND PEACE Merrill, Wisconsin Code of Ordinances
Sec. 26-21. Regulation of firearms and explosives; hunting.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearm means any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gunpowder.
(b)
Discharging and carrying firearms and air guns.
(1)
No person shall fire or discharge any firearm, rifle, air gun or handgun in the city.
(2)
No person shall have in his possession or under his control any rifle, in the city, unless it is unloaded and knocked down or enclosed within a carrying case or holster.
(3)
No handguns, either holstered, cased or uncased shall be worn on a person while the person is inside a public building which has been posted to prohibit the carrying of a concealed weapon.
(c)
Exceptions. This section shall not apply to the following:
(1)
A sheriff, deputy sheriff, warden, constable, U.S. marshal, state trooper, police officer or other law enforcement officer while engaged in official duties;
(2)
The maintenance and use of city-approved supervised rifle or pistol ranges, shooting galleries or firearm, rifle air gun or handgun safety courses;
(3)
The firing or discharging of BB guns upon private premises by persons over 16 years or persons under such age under the direct personal supervision of a parent or guardian;
(4)
Display of unloaded firearms, rifles, air guns or handguns in public premises;
(5)
Display or possession of unloaded or loaded firearms, rifles or guns on private premises;
(6)
A licensed or certified security agency, while actively engaged in the handling or transporting of money, security or other items of value and only as previously authorized by the chief of police or county sheriff.
MERTON,
CHAPTER 9 PEACE AND ORDER Merton, Waukesha Co, Wisconsin Code of Ordinances
9.01 DISCHARGE OF FIREARMS AND USE OF BOW AND ARROW. (Am. 9/28/93) t
(1)
DECLARATION OF POLICY. It is hereby determined and declared necessary in the interest of public health, public safety and public welfare of the Town that the discharge of firearms be regulated within the Town.
(2)
DEFINITIONS.
Firearms. a rifle of any caliber, air rifle, shot gun of any gauge, pistol or revolver of any caliber.
Permission of Land Owner. Written permission.
MILTON,
ARTICLE II. OFFENSES ENDANGERING PUBLIC SAFETY – Milton, Wisconsin – Code of Ordinances
Sec. 50-31. – Discharging and carrying firearms and guns.
(a)
No person shall possess or have under his or her control any firearm, spring or air gun of any description in the following locations within the city:
(1)
Buildings owned or leased by the city, state, or any other political subdivision of the state, except such prohibition does not apply to peace officers, not including a commission warden who is not a state-certified commission warden, armed forces or military personnel who go armed in the line of duty, to any person duly authorized by the chief of police of the city, or the county sheriff, a qualified out-of-state law enforcement officer who meets the requirements of Wis. Stats. § 941.23, a former officer who meets the requirements of Wis. Stats. § 941.23, a licensee who meets the requirements of Wis. Stats. § 175.60, or an out-of-state licensee who meets the requirements of Wis. Stats. § 175.60;
County of
MILWAUKEE,
Chapter 4 COUNTY AIRPORTS Milwaukee County, Wisconsin Code of Ordinances
4.02. General regulations
(6)
Conduct of the public.
(j)
No person shall carry or transport firearms, gas, air or spring actuated guns, or dangerous weapons, except when such firearms, guns, or weapons are properly encased for transhipment. This subsection shall not apply to peace officers and other persons who are authorized by federal and state laws to be armed as a part of their official duties.
SUBCHAPTER I. IN GENERAL Milwaukee County, Wisconsin Code of Ordinances
47.05. Use of firearms, fireworks; hunting with bow and arrow and trapping; throwing of missiles; making of fires; deposit or breakage of tin cans, bottles and glassware; prohibitions.
(1)
Use of firearms and fireworks; hunting with bow and arrow; trapping. No person shall carry, fire or discharge any gun, pistol or firearm, nor any rocket, torpedo or other fireworks of any description, nor shall any person engage in trapping within any park or parkway without a written permit of the department of parks, recreation and culture; nor shall any person hunt with bow and arrow within any park or parkway. No person shall carry, fire or discharge any gun, pistol or firearm, nor any rocket, torpedo or other fireworks of any description upon any premises owned or leased by Milwaukee County which is not part of the county parks and parkways. The word “gun” shall include air gun.
(c)
No person may fish with or leave any fish line(s) unattended in any waters, or take any fish by snagging or fouling, or fish with the aid or use of any firearm or pellet gun, or by any means other than angling or trolling. Dip nets three (3) feet or less in diameter and a gaff may be used for the purpose of landing fish legally hooked.
MINOCQUA,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
MINONG,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
County of
MONROE,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
MOSINEE,
ARTICLE II. OFFENSES AGAINST PUBLIC SAFETY AND PEACE Mosinee, Wisconsin Code of Ordinances
Sec. 54-36. Regulation of firearms and explosives
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearm means any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device or gunpowder.
(b)
Discharge and possession of firearms. Except as otherwise provided by law, no person, except a sheriff, police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description, within the city or have any firearm, rifle, spring gun, air gun or pneumatic pellet gun in his possession or under his control unless it is unloaded and enclosed or encased within a carrying case or other suitable container pursuant to state law.
(c)
Shooting into city limits. Except as otherwise provided, no person shall in the territory adjacent to the city discharge any firearm in such manner that the discharge shall enter or fall within the city.
MOUNT HOREB,
CHAPTER 9 PUBLIC PEACE AND GOOD ORDER – Mount Horeb, Wisconsin – Code of Ordinances
9.03 – DISCHARGING WEAPON. (Rep. & recr. #2001-19)
(1)
Except as provided in subsection (2), no person shall fire or discharge any cannon, firearm, air gun or bow and arrow of over 15 pounds pull of any description within the Village, provided that shooting on supervised target, rifle, or pistol ranges and shooting galleries may be authorized by the Village President or Chief of Police by written permit.
(2)
The Village Board may authorize, by permit, the use of bow and arrow for wildlife management purposes, such as a deer herd management hunt authorized by the Village Board. The authorization of a wildlife management hunt may include authorization for the use of bow and arrow.
MUKWONAGO,
ARTICLE III. OFFENSES AGAINST PUBLIC HEALTH AND SAFETY – Mukwonago, Wisconsin – Code of Ordinances
Sec. 54-53. – Discharging pellet guns, paint ball guns or other like weapon are subject to conditions.
A pellet gun, air gun or paint ball gun or like weapons or instruments designed and used to propel a projectile by use of a spring mechanism, compressed air or chemical propellant may be discharged within the boundaries of the village, subject to the following conditions:
(a)
The weapons may only be discharged on those lands zoned agricultural or floodplain or shoreland/wetland or public or semipublic.
(b)
The individual engaging in the discharge of the weapon has obtained the written permission of the property owner to discharge the weapon.
(c)
The property on which such activity is occurring shall be a minimum of two acres in area and all discharges shall occur a minimum of 25 yards from any structure, road, parks or other areas or uses where persons may congregate.
(d)
The weapon is discharged in a direction away from habitable buildings, road, parks or other areas or uses where persons may congregate.
(e)
Paint ball facilities shall be subject to review and subject to approval, approval with conditions or disapproval by the police chief.
(Code 1966, § 15.01(2); Ord. No. 856, § I, 3-20-12)
NASHOTAH,
Chapter 9 PEACE AND ORDER Nashotah, Wisconsin Code of Ordinances
9.02 THROWING OR SHOOTING OF MISSILES PROHIBITED.
(1)
No person shall discharge any firearm, slingshot, slingshot, blowgun, air rifle, pellet gun, dart gun, bow and arrow or B-B gun without written consent of the property owner. No missile shall carry over into other properties or streets.
(2)
No minor shall carry or discharge any of the above listed weapons without supervision of a responsible adult.
(3)
Whenever a minor violates any provision of this section, the parent or guardian of such minor shall be considered guilty of negligent supervision.
(4)
Property owners may discharge firearms protecting their property from rodents and dangerous animals and may hunt on their own property in accordance with State statutes.
NEENAH,
DIVISION 1. GENERALLY Neenah, Wisconsin Code of Ordinances
Sec. 11-84. Use of firearms.
No person except an authorized police officer members of the Armed Forces of the United States or National Guard, while engaged in official duties as such, shall discharge or fire any firearm or air gun within the City or have any air gun in his possession within the City unless it is unloaded and knocked down and enclosed in a carrying case or other suitable container. This section does not prevent any person from exercising their legal right of self-defense or defense of others.
(Code 1977, § 8.02)
State law reference— Weapons, Wis. Stats. § 941.20 et seq.
NEW RICHMOND,
DIVISION 1. GENERALLY New Richmond, Wisconsin Code of Ordinances
Sec. 50-81. Regulation of firearms, explosives and other missiles.
(a)
Discharge of firearms regulated. No person, except a police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description within the City, provided that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries or the firing or discharging of BB guns upon private premises by persons over 16 or under the direct personal supervision of a parent or guardian. This section shall also not prohibit persons from exercising the right of self-defense or defense of others.
NORTH HUDSON,
ARTICLE I. IN GENERAL – North Hudson, Wisconsin – Code of Ordinances
Sec. 70-5. – Shooting or throwing of arrows, pellets and other missiles or projectiles prohibited.
(a)
No person shall have in his possession within the village any air- or gas-propelled rifle or pistol, archery bow, archery arrows, slingshot or other article designed to propel any type of missile or projectile unless such rifle or pistol is unloaded and enclosed in a carrying case or other suitable container, such archery bow is unstrung or enclosed in a carrying case or other suitable container, such archery arrows are in a quiver or other suitable container, such archery bow is unstrung or enclosed in a carrying case or other suitable container, such archery arrows are in a quiver or other suitable container, such slingshot is unstrung, or such other article is rendered incapable of being readily operable. These restrictions shall not apply on licensed target ranges under subsection (c) of this section to the extent of weapons designed to propel the projectiles as specified in the permit for such range. These restrictions shall not apply to persons participating in a board approved deer management program under subsection (e) of this section.
(b)
No person shall shoot, throw or propel in any other manner by hand or by any other means any pellet, BB, arrow or any other missile or projectile within the village, except upon licensed target ranges under subsection (c) to the extent of projectiles as specified in the permit for such range. These restrictions shall not apply to persons participating in a board approved deer management program under subsection (e) of this section.
(d)
No parent or guardian or other person having permanent or temporary custody or supervision of a minor shall allow such minor to possess or use any air- or gas-propelled rifle or pistol, archery bow, archery arrows, slingshot or other article designed to propel any type of missile or projectile within the village in violation of subsections (a) and (b).
OCONOMOWOC,
CHAPTER 9 PUBLIC PEACE AND GOOD ORDER Oconomowoc, Wisconsin Code of Ordinances
9.02 DISCHARGING AND CARRYING WEAPONS. (Rep. & recr. #10-O776)
(1)
PROHIBITED. (Am. #11-O809) No person, except an authorized police officer, shall discharge any firearm, spring gun or air gun within the City. This prohibition shall not apply to a shotgun, muzzle loader, bow, crossbow, or other like weapons or instruments, air rifle, pellet gun, or like instruments, provided the use thereof complies with the requirements of subsections (4)(a) through (c) below.
(2)
PERMITTED. (Am. #11-O809) Any person may possess, openly or concealed, carry or bear any firearm or facsimile firearm, or have under his or her control any firearm or facsimile firearm, on any public street, sidewalk, boulevard, boardwalk, alley, or public parking lot if he or she complies with this section or the Wisconsin Statutes and Administrative Code sections specifically adopted under this section, with the exception of the following:
(a)
May not openly possess a firearm on any land located in City parks or within any public building owned by the City, which is similar to §§29.089(2) and 941.235, Wis. Stats.
(b)
May not concealed carry within any public building owned by the City, which is similar to §§29.089(2) and 941.235, Wis. Stats.
(c)
Within any public building or athletic field owned by the Oconomowoc Area School District, which is similar to §948.605, Wis. Stats.
(d)
Within any premises for which a Class “B” or “Class B” license or permit has been issued by the City pursuant to Ch. 125, Wis. Stats., which is similar to §941.237, Wis. Stats. This subsection shall not apply to a peace officer, a Wisconsin CCW licensee, a qualified out-of-state licensee, or a qualified out-of-state law enforcement officer so long as they do not consume alcohol on Class “B” or “Class B” premises. Active and former officers may consume alcohol on Class “B” or “Class B” premises if they are not under the influence and if the premise is not posted.
(e)
In or on school grounds or within 1,000 feet from the grounds of a school, which is similar to §948.605, Wis. Stats.
(f)
While any such person is under the influence of an intoxicant or a detectable amount of a restricted controlled substance, which is similar to §941.20(1)(b) and (1)(bm), Wis. Stats.
(g)
Giving or providing a firearm to a person under the age of 18 unless for target practice under adult supervision, which is similar to §948.60, Wis. Stats.
(h)
If the firearm is a facsimile firearm, no person may openly possess, carry, or display any facsimile firearm under circumstances that could reasonably be expected to alarm, intimidate, threaten or terrify another person, which is similar to §941.2965, Wis. Stats.
(2.5)
SIGNAGE. (Cr. #11-O809) The City Administrator shall cause signs to be erected at all entrances to all buildings owned, occupied or under the control of the City of Oconomowoc providing notice that: “Notice: Weapons Prohibited in Building.” Signs shall be 5 inches by 7 inches or larger in size.
(3)
REMOVAL FROM PROPERTY. (Am. #11-O809) If a property owner or tenant objects to any individual carrying a weapon or firearm and does not wish to allow individuals to exercise the right to carry weapons or firearms within their establishment and makes a complaint to the Police Department to remove the individual from the property and the individual refuses, the individual may be removed against their will pursuant to §9.15 of the Municipal Code.
(4)
CONDITIONS OF DISCHARGE WITHIN THE BOUNDARIES OF THE CITY. A shotgun, muzzle loader, bow or crossbow, or other like weapon or instrument may be discharged within the boundaries of the City, but only under the following conditions and regulations:
(a)
Shotguns, muzzle loaders, or like weapons or instruments designed and used to propel a single slug, multiple pellets or “shot” may only be discharged in the City where not prohibited by this ordinance, and then according to the following regulations. No such weapons or instruments shall be discharged on or onto lands less than 200 yards from the boundary of an adjacent platted subdivision. In addition, no such weapons or instruments shall be discharged within 100 yards from a habitable building on any other adjacent property, unless the owner of such adjacent property or habitable building has given written permission to be closer. In no case shall such weapons or instruments be discharged in a direction that could result in the projectile landing on or flying over any adjacent properties unless the owner(s) of such adjacent properties have given written permission to do so.
OCONTO,
CHAPTER 2. OFFENSES AGAINST PUBLIC SAFETY AND PEACE Oconto, Wisconsin Code of Ordinances
Sec. 11-2-1. Regulation of Firearms, Explosives, and Other Missiles.
(a)
Discharge of Firearms Regulated. Except for a law enforcement officer in the performance of an official duty, no person shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun or bow and arrow of any description in his possession or under his control within the City of Oconto unless they are operating within the limits of applicable Wisconsin State Statutes and current Wisconsin Hunting Regulations. This Section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the Common Council, or the firing or discharging of BB guns upon private premises by persons over sixteen (16) or under the direct personal supervision of a parent or guardian.
(b)
Hunting Within City Limits. The hunting of animals within the City limits of the City of Oconto is permitted in accordance with current Wisconsin Hunting Regulation. Hunting shall be limited to the use of shot guns and bow and arrows.
OMRO,
Chapter 9.12 OFFENSES AGAINST PUBLIC PEACE AND SAFETY – Omro, Wisconsin – Code of Ordinances
9.12.010 – Regulation of firearms, explosives and other missiles.
A.
Discharge of Firearms Regulated. No person, except a law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun, pneumatic pellet gun or bow and arrow of any description within the city limits. No person shall transport any firearm, rifle, spring gun, air gun or pneumatic pellet gun or bow and arrow of any description within the city limits unless it is unloaded and lawfully enclosed in a proper carrying case, provided that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the common council.
B.
Hunting Prohibited. The hunting of animals within the city limits is prohibited. Hunting shall not only consist of the discharging of weapons, including but not limited to firearms and bow and arrows, but also direct acts of hunting, such as, but not limited to, tracking animals while having in one’s possession a weapon, such as, but not limited to, a firearm or bow and arrow, and the driving or causing the movement of animals from an area within the Omro city limits to an area outside of the Omro city limits.
C.
Shooting Into City Limits. No person shall in the territory adjacent to the city discharge any firearm in such manner that the discharge shall enter or fall within the city.
D.
Shooting Ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the common council, upon the recommendation of the chief of police, where proper safety precautions are taken.
E.
Explosive Devices. No person shall discharge or detonate any dynamite, nitroglycerin or other explosive within the city without first obtaining a permit to do so from the common council, following a plan commission recommendation.
F.
Throwing or Shooting of Stones or Other Missiles Prohibited.
1.
It is unlawful for any person to discharge or cause the discharge of any dangerous missile from any slingshot or other means within three hundred (300) feet of any inhabited dwelling or building or any public park, square or enclosure.
2.
This subsection shall not apply:
a.
To the shooting or discharging of toy arrows or arrows which have a tip made of rubber or similar material;
b.
To a supervised archery range approved by the common council;
c.
Within the interior of a single-family dwelling.
G.
Definitions. For purposes of this section, a “firearm” is defined as any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gun powder.
(Prior code § 11-2-1)
(Ord. No. 431, 8-5-2008)
Chapter 6.04 ANIMAL CONTROL – Omro, Wisconsin – Code of Ordinances
6.04.100 – Animal traps.
Any unlicensed trap, snare, spring gun, set gun, net or other device or contrivance which might entrap, ensnare or kill game, or any trap without a metal tag attached as required by Section 29.03(5) Wis. Stats. shall be prohibited, except for live traps.
(Added during 1998 codification)
Chapter 12.24 PARKS AND NAVIGABLE WATERS – Omro, Wisconsin – Code of Ordinances
12.24.010 – Park regulations.
19.
Firearms—Hunting and Weapons. Hunting, possessing or discharging of a weapon of any kind, for any purpose, including hunting, is prohibited in all city parks. Specifically, the use of firearms, air guns, paint guns, bow and arrow, slingshots, knives, swords, explosives, fireworks and weapons of every character, except in areas authorized by the chief of police and the director of community services or designees thereof.
OUTAGAMIE,
ARTICLE I. IN GENERAL Outagamie County, Wisconsin Code of Ordinances
Sec. 40-6. Possession and use of weapons restricted.
(a)
No person other than a sheriff, constable, police officer or deputy shall fire or discharge any firearm, rifle, spring or air gun of any description or shoot any bow and arrows in any park of the county.
(b)
No person other than a person authorized to fire a weapon in subsection (a) of this section shall carry any loaded and/or uncased firearm, rifle, spring or air gun in any county park.
(c)
No person other than a person authorized to fire a weapon in subsection (a) of this section shall possess any kind of firearm in any county park except as given in the following subsections:
(1)
A firearm properly cased in a locked motor vehicle.
(2)
A person with a valid hunting license in their possession may have a properly cased weapon at the Barker, Stephensville, Buchman, Koepke boat landings while in the process of launching or recovering a boat for hunting purposes.
(Code 1992, § 19.06)
County of
PEPIN,
CHAPTER 14 PARKS AND RECREATION Pepin County, Wisconsin Code of Ordinances
14.15 FIREARMS AND FIREWORKS.
(1)
No person, other than a law enforcement officer, shall carry an un-cased gun, pistol or other firearm, or fire or discharge any gun, pistol or firearm within any campground or picnic/playground area nor shoot on, from, or across any recreation trail. The word “gun” shall include pellet gun and air gun.
(2)
No person shall carry or discharge a bow and arrow within any campground, picnic/playground area or shooting range nor shoot on, from, or across any recreation trail.
(3)
No person shall discharge any fireworks, as defined in §167.10(1), Wis. Stats., in a park, campground or shooting range or on a trail without a written permit of the Land Conservation Committee and any other authority required by law. The Land Conservation Committee may establish conditions for issuance of the permit, including reasonable security for costs which may result due to such use.
(4)
No firearm shall be discharged in any shooting range except in conformity with all the applicable rules and regulations as are adopted in accord with §14.10 above.
14.16 VIOLATIONS.
Except as otherwise provided, any person convicted of a violation of any provision of this chapter shall be subject to a forfeiture as provided in §25.04 of this Code of Ordinances.
PESHTIGO,
ARTICLE II. OFFENSES AGAINST PUBLIC SAFETY AND PEACE – Peshtigo, Wisconsin – Code of Ordinances
Sec. 28-23. – Regulation of firearms, explosives, and other missiles.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearm means any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gun powder.
(b)
Discharge of firearms regulated. No person, except a police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description in his possession or under his control within the City, provided that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the Common Council, or the firing or discharging of BB guns upon private premises by persons over 16 or under the direct personal supervision of a parent or guardian.
(c)
Hunting prohibited. Hunting within the City is prohibited.
(d)
Shooting into City limits. No person shall in the territory adjacent to the City discharge any firearm in such manner that the discharge shall enter or fall within the City.
(e)
Shooting ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the Common Council, upon the recommendation of the Chief of Police, where proper safety precautions are taken.
PEWAUKEE,
ARTICLE I. IN GENERAL – Pewaukee, Wisconsin – Code of Ordinances
Sec. 54.102. – Discharging firearms and guns.
No person except a sheriff, constable police officer or their deputies shall fire or discharge any firearm, rifle, spring or air gun within the Village of Pewaukee except as expressly permitted under Wisconsin State Law.
(Code 1967, § 9.01; Ord. No. 2009-07, § I, 5-19-2009; Ord. No. 2011-21, § I, 12-20-2011; Ord. No. 2012-04, § I, 2-21-2012)
Pittsville,
ARTICLE II. OFFENSES AGAINST PUBLIC SAFETY AND PEACE Pittsville, Wisconsin Code of Ordinances
Sec. 26-31. Regulation of firearms, explosives, and other missiles.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearm means any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gunpowder.
Hunt or hunting means and includes shooting, shooting at, or killing of any wild animal or animals.
Wild animal means any mammal or bird of a wild nature endowed with sensation and power of voluntary motion.
(b)
Discharge of firearms and bows.
(1)
No person except an authorized law enforcement officer in the performance of an official duty shall discharge any type of firearm within the city or have any type of firearm in his possession within the city unless the firearm is unloaded and enclosed in a carrying case, holster, or some such suitable container, or stored within a dwelling, except as provided for hereafter.
(2)
No person shall have in his possession or under his control, within the city, any type of crossbow or bow and arrow unless such crossbow or bow is unstrung, enclosed within a carrying case, or stored within a dwelling, except as provided for in this section.
(c)
Permit. No person except an authorized law enforcement officer or a member of the U.S. armed forces in the performance of an official duty shall shoot or discharge any type of firearm, pellet or BB gun, crossbow or bow and arrow within the city, unless in possession of a nontransferable permit issued by the chief of police. Said permit shall be issued to responsible adults, or properly supervised juveniles to engage in target practice within the city at times and places as designated by said permit.
ARTICLE II. PARK REGULATIONS Pittsville, Wisconsin Code of Ordinances
Sec. 28-21. Specific regulations.
(t)
Firearms; hunting. Possessing or discharging of any air gun, slingshot, explosive, firearm or weapon of any kind is prohibited in all city parks.
PORTAGE,
ARTICLE II. OFFENSES AGAINST PUBLIC SAFETY AND PEACE Portage, Wisconsin Code of Ordinances
Sec. 46-31. Regulation of firearms and explosives.
(a)
Discharge and possession of firearms regulated. No person, except a police officer or other law enforcement officer in the performance of an official duty, or a person working for a firm designated by the common council to harvest wildlife pursuant to a state department of natural resources approved wildlife management program, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description, or bow and arrow, within the city or have any firearm, rifle, spring gun, air gun or pneumatic pellet gun in his possession or under his control unless it is unloaded and enclosed or encased within a carrying case or other suitable container pursuant to state law.
(b)
Shooting into city limits. No person shall in the territory adjacent to the city discharge any firearm in such manner that the discharge shall enter or fall within the city.
(c)
Shooting ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the common council, after an advisory recommendation from the chief of police, where proper safety precautions are taken.
RACINE,
Sec. 22-501. License—Required.
(a)
No person or club shall use or permit to be used any property as a gun range, shooting gallery or place to practice target shooting where firearms are discharged, without a license therefor, except that no license shall be required for any range in a school or law enforcement facility which was in use on or before January 4, 1984, and each such range shall be considered to be in compliance with this article except for the requirements of range supervisors (section 22-505) and range procedures (section 22-506).
(b)
Range licenses shall be issued in the following classes:
(1)
Indoor ranges:
a.
Class A— Regular indoor range, limited to .38 special and .45 ACP handgun as the most powerful firearms to be used.
b.
Class B— Light ammunition indoor range, limited to .22 caliber long rifle rim fire ammunition of standard manufacture as the most powerful firearm to be used.
c.
Class C— Air or pellet pneumatic indoor range (rifles or handguns).
(2)
Outdoor ranges:
a.
Class MP—Police/military range.
b.
Class HP—High-powered rifle range.
c.
Class AO— Regular range, limited to .38 and .45 caliber as the most powerful ammunition to be used.
d.
Class BO— Light ammunition range, limited to .22 caliber long rifle rim fire ammunition as the most powerful to be used.
e.
Class CO— Pneumatic range, limited to air or pneumatic handguns or rifles.
f.
Class SG— Shotgun range.
(Code 1973, § 22.28.010)
County of
RACINE,
DIVISION 2. RULES AND REGULATIONS GENERALLY Racine County, Wisconsin Code of Ordinances
Sec. 14-67. Firearms, explosives, fireworks.
No person, other than duly appointed law enforcement officers, shall have in his possession or under his control any firearm, air gun, bow and arrow or other weapon, explosives or fireworks of any kind or discharge any of the same while in or upon any of the county parks or recreational areas.
(Code 1975, § 6.013(2))
Cross reference— Schedule of deposits for violation of the provisions in this section, § 5-3.
RAYMOND,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
RHINELANDER,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
RIB MOUNTAIN,
CHAPTER 19 PARKS AND RECREATION Rib Mountain, Wisconsin Code of Ordinances
19.06 FIRES, FIREWORKS, FIREARMS AND MISSILES.
(3)
FIREARMS. No person, except a peace officer, shall fire or discharge any firearm, rifle, spring or air gun of any description within Town parks or have any firearm, rifle, spring or air gun in his possession or under his control, unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container, provided that this subsection shall not prevent the maintenance and use of supervised rifle or pistol ranges or shooting galleries authorized by the Town Board. This subsection shall be deemed to prohibit hunting within Town parks.
RIPON,
Chapter 12.68 Possession and Use of Firearms and Other Dangerous Weapons and Prohibiting the Carrying of Weapons and Firearms in Municipal Buildings – Ripon, Wisconsin – Code of Ordinances
12.68.010 – Definitions.
For the purposes of this section, the following definitions shall apply:
(a)
Firearm means any weapon from which a shot may be fired by the force of an explosive or propellant, including, but not limited to, rifles, pistols, shotguns, air guns and BB guns.
(b)
Law enforcement means any person employed by the State of Wisconsin or any political subdivision of this state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he or she is employed to enforce.
(c)
Municipal building means any building owned by the city.
(d)
Weapon means a handgun, an electronic weapon as defined at Wis. Stats. § 941.24, or a billy club.
(Ord. No. 1389, 10-24-2011)
12.68.020 – Carrying of weapons and firearms in municipal buildings.
In addition to the provisions of Wis. Stats. § 175.60 enumerating places where the carrying of a weapon or a firearm is prohibited, including exceptions thereto, it shall be unlawful for any person other than a law enforcement officer to enter a municipal building while carrying a weapon or a firearm.
(Ord. No. 1389, 10-24-2011)
12.68.040 – Discharging and carrying weapons.
A.
No person except in the exercise of lawful authority shall fire or discharge any firearm, spring gun or air gun of any description within the city.
(Ord. No. 1389, 10-24-2011)
RIVER FALLS,
Chapter 9.20 WEAPONS – River Falls, Wisconsin – Code of Ordinances
9.20.020 – Air-guns and slingshots.
No person shall discharge or shoot any air gun, slingshot, air pistol, bow and arrow or any similar device within the limits of the city except when approved by city council in a resolution authorizing the discharge of these devices at designated target ranges under direct supervision of a member or employee of a bonafide organization, gun club or business.
(Prior code § 9.03)
(Ord. No. 2009-6, § 1, 6-23-2009)
Chapter 12.20 PARKS AND RECREATION AREAS – River Falls, Wisconsin – Code of Ordinances
12.20.010 – Park defined.
“Park” means any park, playground, recreation field, building, swimming pool and other areas which are under the jurisdiction of the park and recreation boards.
(Prior code § 23.02)
12.20.020 – General rules.
P.
Weapons. No person shall have in his or her possession or under his or her control, any air gun, as defined in Section 939.22, Wis. Stats. unless the same is unloaded and enclosed in a carrying case or any bow unless the same is unstrung or enclosed in a carrying case.
(Ord. 2007-17 § 1: prior code § 23.03)
ROBERTS,
ARTICLE I. IN GENERAL – Roberts, Wisconsin – Code of Ordinances
Sec. 34-4. – Firearms.
No person except an authorized police officer shall discharge any firearm within the village or have any firearm in his possession within the village unless it is unloaded and knocked down and enclosed in a carrying case or other suitable container, provided this section shall not prevent maintenance and use of supervised rifle or pistol ranges or shooting galleries authorized by the village board, or firing or discharging BB guns on private premises by persons over 16 or under the supervision of a parent or guardian. This section shall prohibit hunting within the village, except the chief of police may issue written permits to owners or occupants of private premises to hunt or shoot on such premises if he finds such privileges necessary for the protection of life or property and subject to such safeguards as he may impose for the safety of the lives and property of other persons within the village.
(Code 1980, § 9.02)
RUSK COUNTY,
ARTICLE VII. WEAPONS Rusk County, Wisconsin Code of Ordinances
Sec. 32-317. Reckless use of a weapon.
(a)
No person shall do any of the following:
(1)
Endanger another person’s safety by reckless conduct, as that term is defined at Wis. Stats. § 941.20(3), in the operation or handling of a firearm, air gun, knife or bow and arrow.
(2)
Operate or go armed with a firearm, air gun, knife or bow and arrow while he is under the influence of drugs or alcohol.
(3)
Intentionally point a firearm, air gun, knife or bow and arrow at or toward another person.
(b)
Persons alleged to be in violation of this article who are under the age of 18 years shall have their cases handled in accordance with Wis. Stats. ch. 48 as it relates to the disposition of children who violate civil laws or ordinances.
(Code 1987, § 9.30; Res. No. 88-56, 12-6-1988)
ARTICLE IV. PARK USE REGULATIONS Rusk County, Wisconsin Code of Ordinances
SCHOFIELD,
DIVISION 2. WEAPONS Schofield, Wisconsin Code of Ordinances
Sec. 37-221. Firing, discharging guns.
No person, except a sheriff, constable, police officer or deputy shall fire or discharge any firearm, rifle, spring, BB or air gun of any description within the city, or have any firearm, rifle, spring, BB or air gun in the person’s possession or under the person’s control in said city unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container, provided that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the common council or the firing or discharging of BB guns upon private premises by persons 16 years of age or older, or if under that age, under the direct personal supervision of a parent or guardian. Except as hereinafter provided, shooting or firing of a shotgun loaded with shells carrying a load not larger than four chilled, in the following areas:
(1)
While in or on the water and not nearer than 150 yards to the shoreline of that part of the flowage of the Wisconsin or Eau Claire Rivers located in said city, while lawfully hunting game during the open season therefor, is permitted; and
(2)
While in or on the water and not nearer than 150 yards south of the centerline of Country Club Road in the Pine Island area and also in and around those areas known as Dickey and Strawberry Islands but at no time less than 100 yards from the nearest residence of said islands, while lawfully hunting waterfowl during the open season therefor, is permitted.
(Code 1986, § 12.02(2)(a)
SEYMOUR,
ARTICLE II. OFFENSES AGAINST PUBLIC SAFETY AND PEACE Seymour, Outagamie Co, Wisconsin Code of Ordinances
Sec. 50-31. Regulation of firearms, explosives and other missiles.
(a)
Discharge of firearms regulated. No person, except a law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description in his possession or under his control within the city.
(b)
Hunting prohibited. Hunting within the city is prohibited, but the chief of police may issue written permits to owners or occupants of private premises to hunt or shoot on such premises if the chief of police finds such privileges necessary for the protection of life or property, and subject to such safeguards as he may impose for the safety of the lives and property of other persons within the city.
(c)
Shooting into city limits. No person shall in the territory adjacent to the city discharge any firearm in such manner that the discharge shall enter or fall within the city.
(d)
Shooting ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the common council, upon the recommendation of the chief of police, where proper safety precautions are taken.
(h)
Definitions. For purposes of this section, the term “firearm” means any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gun powder.
(Ord. No. 99-103, § 11-2-1, 11-8-1999)
SHEBOYGAN,
DIVISION 2. WEAPONS Sheboygan, Wisconsin Code of Ordinances
Sec. 70-257. Bows and arrows, spring guns and slingshots.
No person shall shoot with or discharge in or upon any street, alley or city-owned public property, or parks within or without the city, any bow, spring gun, slingshot, or other similar device which is calculated or intended to propel or project an arrow or other projectile, nor in or upon any private grounds or building where the projectile propelled or discharged by use of such bow or similar device may endanger the life, limb or property of another; provided, however, that hunting rough fish, as defined by the state law, in the corporate limits with proper bow and arrow fishing equipment so that the arrow is attached to a line and to a reel on the bow shall not be prohibited by this section.
(Code 1975, § 26-33)
SOMERSET,
TITLE 11, CHAPTER 2. OFFENSES AGAINST PUBLIC SAFETY AND PEACE – Somerset, Wisconsin – Code of Ordinances
Sec. 11-2-1. – Discharge of firearms or explosives; throwing stones or other missiles.
(a)
Discharge of Firearms Regulated. No person, except a law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun, bow and arrow, or pneumatic pellet gun of any description in his/her possession or under his/her control within the Village of Somerset, provided that this Section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the Village Board, or the firing or discharging of BB guns upon private premises by persons over sixteen (16) or under the direct personal supervision of a parent or guardian.
(b)
Hunting Prohibited. Hunting within the Village of Somerset is prohibited.
(c)
Shooting Into Village Limits. No person shall in the territory adjacent to the Village discharge any firearm in such manner that the discharge shall enter or fall within the Village of Somerset.
(d)
Shooting Ranges. This Section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries or how and arrow ranges approved by the Village Board, upon the recommendation of the Chief of Police, where proper safety precautions are taken.
TITLE 12, CHAPTER 1. PARKS AND RECREATION – Somerset, Wisconsin – Code of Ordinances
Sec. 12-1-1. – Purpose; definitions; regulations.
(a)
Purpose and Definition. In order to protect the parks, parkways, recreational facilities and conservancy areas within the Village of Somerset from injury, damage or description, these regulations are enacted. The term “park” as hereinafter used in this Chapter shall include all grounds, structures and watercourses which are or may be located within any area dedicated to the public use as a park, parkway, recreation facility, playground, swimming pool or conservancy area in the Village.
(20)
Firearms; Hunting. Possessing or discharging of any air gun, sling shot, explosive, firearm or weapon of any kind is prohibited in all Village parks.
SPOONER,
ARTICLE V. OFFENSES AGAINST PUBLIC SAFETY AND PEACE Spooner, Wisconsin Code of Ordinances
Sec. 46-151. Firearms, explosives and other missiles.
(a)
Discharge of firearms. No person, except a law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun or bow and arrow of any description in his possession or under his control within the city. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the common council.
(b)
Hunting. The hunting of animals within the city limits is prohibited. Hunting shall not only consist of the discharging of weapons including, but not limited to, firearms and bow and arrows, but also direct acts of hunting, such as, but not limited to, tracking animals while having in one’s possession a weapon, such as, but not limited to, a firearm or bow and arrow, and the driving or causing the movement of animals for an area within the city limits to an area outside of the city limits.
(c)
Shooting into city limits. No person shall in the territory adjacent to the city discharge any firearm in such manner that the discharge shall enter or fall within the city.
(d)
Shooting ranges.
(1)
General standards. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the common council, upon the recommendation of the chief of police, where proper safety precautions are taken. The following standards for ranges/galleries shall be followed:
a.
The location must have limited access and sufficient containment for its users.
b.
Public protection and safety must be considered in the construction and use of the range or shooting gallery.
c.
Proper trained adult supervision must be on site while the range is open.
d.
Range qualifications are established according to “Shooting for Safety,” an education and training publication of the NRA, specifically the section titled, “Setting Up a Home Air Gun Range” (copy available with application for permit).
e.
The city shall be held harmless for any occurrence resulting from the operation of such range or shooting gallery.
f.
The facility should be housed in a building. Only air-operated and spring-operated firearms and the shooting of arrows with a bow will be considered for approval.
g.
An approved range must have limited, controlled access for its users.
h.
Temporary shooting ranges or shooting galleries must be connected to a civic event.
Chapter 50 PARKS AND RECREATION Spooner, Wisconsin Code of Ordinances
Sec. 50-3. Specific park regulations.
Specific park regulations are as follows:
(16)
Firearms; hunting. Possessing or discharging of any air gun, slingshot, explosive, firearm or weapon of any kind is prohibited in all city parks.
STOUGHTON,
Chapter 50 OFFENSES AND MISCELLANEOUS PROVISIONS Stoughton, Wisconsin Code of Ordinances
Sec. 50-1. Penalty.
Except as otherwise provided, any person found to be in violation of any provision of this chapter or any order, rule or regulation made under this chapter shall be subject to a penalty as provided in section 1-3 in lieu of all other penalties.
(Code 1986, § 9.15)
Sec. 50-2. Definitions; statutory offenses incorporated by reference.
(b)
Discharging firearms.
(1)
Except as provided in subsection (3), no person shall fire or discharge any gun, pistol or rifle within the city except when necessary to protect his person or property and except a police officer when in the lawful discharge of his duty. Firing or discharging any gun, pistol or rifle will include, but not be limited to, such use of a firearm, pump air gun, CO2 gun or zip gun. This section shall not be applicable to any shooting gallery conducted under a license nor to military funerals.
(2)
Except as provided in subsection (3), no person shall shoot, shoot at, pursue, take, catch or kill any game birds, as the term is defined by Wis. Stats. § 29.001(39).
STRUM,
ARTICLE II. OFFENSES AGAINST PUBLIC SAFETY AND PEACE Strum, Wisconsin Code of Ordinances
Sec. 24-21. Regulation of firearms and guns.
(a)
No person, except a sheriff, police officer or their deputies, shall fire or discharge any firearm, rifle, spring or air gun of any description, or tipped arrow, except as provided in 24-22, within the village or have any firearm, compound or strung bow, rifle, spring or air gun in his possession or under his control unless it is unloaded and enclosed or encased within a carrying case or other suitable container.
(b)
No person shall in the territory adjacent to the village discharge any firearm in such manner that the discharge shall enter or fall within the village.
(c)
This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the chief of police and village board where proper safety precautions are taken.
(d)
This section shall be deemed to prohibit hunting within the village subject to the following exception: When acting in a manner consistent with state law and administrative regulations, the village board shall by resolution, declare a hunting season for any wild animal, as that term is defined at Wis. Stats. § 29.001(90). Hunting shall be permitted within village limits but only for the wild animal designated by the village board and for such time period as is prescribed by it. For any and all other discharges of firearms or guns in the village, the chief of police is empowered, in his discretion, to issue written permits if he finds such privileges necessary for the protection of life or property and subject to such safeguards as he may impose for the safety of the lives and property of other persons within the village.
(Code 1984, § 9-2-1; Ord. of 8-15-2007)
STURGEON BAY,
Chapter 10 ORDERLY CONDUCT – Sturgeon Bay, Wisconsin – Code of Ordinances
10.012 – Discharging and carrying spring or air guns.
No person shall discharge any spring or air gun within the city or have any spring or air gun in his or her possession or under his or her control in a public place or place open to the public unless it is unloaded and knocked down or enclosed within a suitable container. This section does not prohibit the possession or use of paint ball guns when used or possessed at organized events of a governmental agency or subunit.
(Code 1992, § 10.012; Ord. No. 1022-899, § 1, 8-3-99)
Chapter 25 CONSTRUCTION AND EFFECT OF ORDINANCES – Sturgeon Bay, Wisconsin – Code of Ordinances
10.01 Possessing or discharging any firearm, rifle, spring or air gun within the city.
SUN PRAIRIE,
Chapter 9.32 WEAPONS, EXPLOSIVES AND FIREWORKS Sun Prairie, Wisconsin Code of Ordinances
9.32.030 Regulation of firearms and explosives.
A.
Discharge and Possession of Firearms Regulated. No person, unless acting in self-defense pursuant to Section 939.48, Wisconsin Statutes, except a sheriff, police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description, or bow and arrow, within the city or have any spring gun, air gun or pneumatic pellet gun or bow and arrow, in his or her possession or under his or her control unless it is unloaded and enclosed or encased within a carrying case or other suitable container pursuant to state law. Children’s toys that discharge or fire foam projectiles are exempt from this ordinance. This subsection shall not apply to the discharge of a firearm if the actor’s conduct is justified or had it been subject to criminal penalty, would have been subject to a defense described in Section 939.45, Wisconsin Statutes.
B.
Shooting Into City Limits. No person shall in the territory adjacent to the city discharge any firearm in such manner that the discharge shall enter or fall within the city.
C.
Shooting Ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the chief of police and common council, after an advisory recommendation from the chief of police, where proper safety precautions are taken.
DIVISION 1. GENERALLY Superior, Wisconsin Code of Ordinances
Sec. 86-74. Possession of weapons, discharge of firearms.
(a)
Wis. Stats. § 941.23 pertaining to concealed weapons and all amendments thereto are adopted by reference.
(b)
It shall be unlawful for any person other than a licensee or out-of-state licensee as defined in Wis. Stats. § 175.60 and all amendments thereto to carry, wear or hold any weapon, as that term is defined in Wis. Stats. § 175.60(1)(j) and all amendments thereto, within the corporate limits of the city unless such weapon is fully encased or broken down so as to be in inoperable.
(c)
Except as the common council shall allow by revocable permit fixing the time, and specific place of discharge, no person shall:
(1)
Shoot, fire or discharge any cannon, gun, fowling piece, pistol, firearms, spring or air gun, or bow or crossbow, of any description, within the city.
THIENSVILLE,
DIVISION 2. OZAUKEE INTERURBAN TRAIL – Thiensville, Wisconsin – Code of Ordinances
Sec. 50-251. – Rules and regulations governing.
(1)
Intent or purposes. The following rules and regulations shall apply exclusively to the Ozaukee Interurban Trail for the purpose of operating the multiuse transportation/recreation trail in an orderly and efficient manner. These rules are necessary to promote and protect the safety of all persons using the trail and to preserve and maintain the trail in good condition. The Ozaukee County Parks Commission will administer the Ozaukee Interurban Trail as a designated multiuse trail.
(2)
Definitions.
Designated crossing areas. Areas on the Ozaukee Interurban Trail, authorized by Ozaukee County or participating municipalities and designated by appropriate signage, where pedestrians, motor vehicles, or other vehicles may enter and cross the Ozaukee Interurban Trail.
(b)
Prohibited uses.
5.
The use of unauthorized fireworks, air guns, paintball guns, firearms, projectile devices or archery equipment is prohibited within the boundaries of the Ozaukee Interurban Trail.
9.
No person may carry, have in his/her possession or have under his/her control any firearms, air gun, paintball gun, projectile devices or archery equipment, unless it is unloaded and within a case within the boundaries of the Ozaukee Interurban Trail.
TOMAH,
ARTICLE IV. WEAPONS Tomah, Wisconsin Code of Ordinances
Sec. 28-80. Discharge of firearms.
No person, except a law enforcement officer, shall fire or discharge any cannon, gun, pistol, air or spring gun or any firearms of any description.
(Code 1993, § 9.02(1)
VERNON,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
VERONA,
Chapter 2 Offenses Against Public Safety and Peace Verona, Wisconsin Code of Ordinances
Sec. 11-2-1 Regulation of Firearms, Explosives and Other Missiles.
(a)
Discharge of Firearms Regulated. No person, except a law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun or bow and arrow of any description in his possession or under his control within the City of Verona, provided that this Section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the Common Council, or the firing or discharging of BB guns upon private premises by persons over sixteen (16) or under the direct personal supervision of a parent or guardian.
(b)
Hunting Prohibited. Hunting within the City of Verona is prohibited.
(c)
Shooting Into City Limits. No person shall in the territory adjacent to the City discharge any firearm in such manner that the discharge shall enter or fall within the City of Verona.
(d)
Shooting Ranges. This Section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the Common Council, upon the recommendation of the Chief of Police, where proper safety precautions are taken.
(g)
Definitions. For purposes of this Section, a firearm is defined as any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gun powder.
Chapter 1 Parks and Navigable Waters Verona, Wisconsin Code of Ordinances
(21)
Firearms; Hunting. Possessing or discharging of any air gun, sling shot, explosive, firearm or weapon of any kind is prohibited in all City parks.
County of
WALWORTH,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
County of
WASHBURN,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
WATERTOWN,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
WAUNAKEE,
ARTICLE VI. WEAPONS Waunakee, Wisconsin Code of Ordinances
Sec. 66-196. Firearms and explosives.
(a)
Definition. For purposes of this section, a firearm is defined as any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gunpowder.
(b)
Discharge and possession of firearms. No person, except a police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description or any bow and arrow within the village nor shall any person have any rifle, spring gun, air gun or pneumatic pellet gun or bow and arrow in such person’s possession or under such person’s control unless it is unloaded and enclosed or encased within a carrying case or other suitable container pursuant to state law.
(c)
Shooting into village limits. No person shall, in the territory adjacent to the village, discharge any firearm in such manner that the discharge shall enter or fall within the village.
(d)
Shooting ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the village board, after an advisory recommendation from the chief of police, where proper safety precautions are taken.
WAUPACA,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
WAUPUN,
CHAPTER 8 ORDERLY CONDUCT – Waupun, Wisconsin – Code of Ordinances
8.01 – OFFENSES ENDANGERING PUBLIC SAFETY.
(1)
DISCHARGING AND CARRYING FIREARMS AND GUNS PROHIBITED. (Rep. & recr. #09-06)
(a)
No person except in the exercise of lawful authority shall fire or discharge any firearm, spring gun or air gun of any description within the City.
(b)
No person shall openly possess, carry, or bear any firearm or facsimile firearm or have under his or her control any firearm or facsimile firearm on any public street, sidewalk, boulevard, boardwalk, alley or public parking lot within the City, unless he or she complies with the following provisions or the provisions of the Wisconsin Statutes and Administrative Code specifically adopted under this ordinance:
1.
No person shall have a firearm in his or her possession or under his or her control on any land located in City parks, unless the firearm is unloaded and enclosed within a carrying case. It is intended that this provision be consistent with §29.089(2), Wis. Stats.
2.
No person shall have a firearm or similar device that may be used for fishing in his or her possession or under his or her control on the waters, shores or banks of the Rock River, Mill Pond or Harris Creek. It is intended that this provision be consistent with §NR 20.05(2), Wis. Adm. Code.
3.
No person shall have a firearm in his or her possession or under his or her control within any public building or athletic field owned by the City or the Waupun School District. It is intended that this provision be consistent with §941.235, Wis. Stats.
4.
No person shall have a firearm in his or her possession or under his or her control within any premises for which a Class “A” or “Class B” license or permit has been issued by the City pursuant to Ch. 125, Wis. Stats. It is intended that this provision be consistent with §941.237, Wis. Stats.
5.
No person shall have a firearm in his or her possession or under his or her control in or on school grounds or within 1,000 feet of the grounds of any school, except that this restriction shall not include any BB gun or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol if used as part of a program approved by a school in the school zone, by an individual who is participating in the program. It is intended that this provision be consistent with §948.605, Wis. Stats.
6.
No person shall have a firearm in his or her possession or under his or her control placed on, possessed in or transported in any motorboat with the motor running or any motor vehicle unless the firearm is unloaded and encased within a carrying case. It is intended that this provision be consistent with §167.31, Wis. Stats.
7.
No person shall have a firearm in his or her possession or under his or her control while any such person is under the influence of an intoxicant or a detectable amount of a restricted controlled substance. It is intended that this provision be consistent with §941.20(1)(b) and (1)(bm), Wis. Stats.
8.
No person shall provide a firearm to a person under the age of 18 unless for target practice under the supervision of an instructor or supervisor approved by the Waupun Chief of Police. It is intended that this provision be consistent with §948.60, Wis. Stats.
9.
No person shall openly possess, carry, or bear any facsimile firearm or have under his or her control any facsimile firearm under circumstances that could reasonably be expected to alarm, intimidate, threaten or terrify another person. It is intended that this provision be consistent with §941.2965, Wis. Stats.
(c)
The City adopts by reference those provisions of the Wisconsin Statutes and Wisconsin Administrative Code as enumerated in subsection (b) above, as from time to time amended by the Wisconsin Legislature, together with all definitions of relevant terms and all exceptions contained in such provisions, as if fully set forth here.
(d)
Except as otherwise provided in subsections (a) through (c) above, no person shall wear or carry any slingshot; cross knuckles of lead, brass or other metal; switchblade knife; or any other dangerous, deadly weapon within the corporate limits of the City, unless such weapon is cased or packaged.
(e)
This ordinance shall be deemed to prohibit hunting within the City limits, except that the Chief of Police may issue written permits to owners or occupants of private premises to hunt or shoot on such premises if he finds such privileges necessary for the protection of life or property and subject to such safeguards as he may impose for the safety of the lives and property of other persons within the City.
(f)
This ordinance shall not be construed to prevent nor prohibit otherwise lawful activities conducted within the following premises:
1.
Bow and arrow target practice on an established target range;
2.
A private residential building, provided that such person is a resident or owner of such residence or an invited guest thereof; or
3.
A supervised rifle or pistol range or shooting gallery approved by the Waupun Chief of Police, subject to the restrictions identified in subsections (b)7., (b)8., and (b)9., above.
County of
WAUSHARA,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
WAUTOMA,
ARTICLE III. OFFENSES AGAINST PUBLIC SAFETY AND PEACE Wautoma, Wisconsin Code of Ordinances
Sec. 36-46. Discharging and carrying firearms and guns prohibited.
(a)
No person, except a sheriff, police officer or their deputies, shall fire or discharge any firearm, rifle, spring or air gun of any description or other dangerous apparatus, within the city or have any firearm, rifle, bow, spring or air gun in his possession or under his control unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container or be unstrung or in the case of a bow.
(b)
No person shall in the territory adjacent to the city discharge any firearm in such manner that the discharge shall enter or fail within the city.
(c)
The city council may designate ranges and areas for rifle, trap, skeet, bow and arrow or other kind of shooting practice.
(Code 1988, § 9-2-1)
State law reference— Endangering safety by use of dangerous weapon, Wis. Stats. § 941.20; carrying concealed weapon, Wis. Stats. § 941.23; carrying handgun where alcohol beverages may be sold and consumed, Wis. Stats. § 941.237; local regulation of firearms, Wis. Stats. § 66.0409; use of firearms near parks, Wis. Stats. § 167.30; safe use and transportation of firearms and bows, Wis. Stats. § 167.31.
Sec. 36-48. Definitions; possession of firearms in public buildings and business establishments prohibited.
(a)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Firearm means any rifle, shotgun, handgun, spring gun, air gun or bow and arrow device.
WAUWATOSA,
Chapter 6.84 WEAPONS Wauwatosa, Wisconsin Code of Ordinances
6.84.010 Definitions.
In this chapter, unless the context otherwise requires:
1.
“Dangerous gun” means any revolver, pistol, air rifle including all types of BB guns, rifle, shotgun, or any instrument or weapon in which loaded or blank cartridges or shells are used.
2.
“Dangerous weapon” means any blackjack, slingshot, billy, sandclub, bludgeon, metal knuckles or other similar article.
3.
“Person” means any person, firm or corporation.
(Ord. O-80-42 § 1, 1980; prior code § 6.06(1)
Chapter 7.92 DISCHARGE OF FIREARMS Wauwatosa, Wisconsin Code of Ordinances
7.92.010 Definitions.
In this chapter, unless the context otherwise requires:
A.
“Dangerous gun” means any revolver, pistol, air rifle (including all types of BB guns), rifle, shotgun, spring gun, or any instrument or weapon in which loaded or blank cartridges or shells are used.
B.
“Dangerous weapon” means any blackjack, slingshot, billy, sandclub, sandbag, bludgeon, metal knuckles, archery bows, any knife having a blade of three inches or more, or other similar article.
C.
“Person” means any person, firm or corporation.
(Ord. O-78-23 § 1 (part), 1978)
Chapter 7.65 COUNTY PARKS AND PARKWAYS Wauwatosa, Wisconsin Code of Ordinances
7.65.030 Use of firearms, fireworks; hunting with bow and arrow and trapping; throwing of missiles; making of fires; deposit or breakage of tin cans, bottles and glassware; prohibitions.
A.
Use of Firearms and Fireworks; Hunting with Bow and Arrow; Trapping. No person shall carry, fire or discharge any gun, pistol or firearm, nor any rocket, torpedo or other fireworks of any description, nor shall any person engage in trapping within any park or parkway without a written permit of the park commission nor shall any person hunt with bow and arrow within any park or parkway in all circumstances except as specifically permitted by state law. The word “gun” shall include air gun.
Chapter 6.16 ARCHERY RANGES Wauwatosa, Wisconsin Code of Ordinances
6.16.010 Discharging missiles prohibited—Archery ranges excepted.
No person shall shoot with, or discharge in or upon any street, alley, public grounds or parks within the City of Wauwatosa, any bow, spring gun, or other similar device which is calculated or intended to propel or project an arrow or other projectile, nor in or upon any private grounds or building where the projectile propelled or discharged by the use of such bow or similar device may endanger the life, limb or property of another, or will traverse any part of any street, alley, public grounds or parks; provided, however, that nothing in this section shall prevent the shooting with or discharging of bows or implements used in the practice of archery or implements for propelling arrows in or upon such properly supervised public areas as may be set aside and designated for that purpose by proper authority having jurisdiction and control over such public areas, or in or upon properly supervised private archery ranges constructed and maintained in such a manner as not to endanger life, limb or property, or to any shooting galleries using air rifles when such shooting galleries are constructed and maintained as required by the building inspector so as not to endanger life, limb or property.
(Prior code § 6.061(1))
6.16.020 Penalty for violations.
Any person violating the provisions of this chapter shall be subject to the general penalty provisions of this code.
(Ord. O-72-22 § 1, 1978)
WEST MILWAUKEE,
ARTICLE I. IN GENERAL – West Milwaukee, Wisconsin – Code of Ordinances
Sec. 58-8. – Firearms.
(a)
Discharge of. It shall be unlawful to discharge any firearm, shotgun, rifle, BB gun, toy gun, blowgun, dart gun or any other weapon, projecting lead or any missiles within the limits of the village except:
(1)
In a duly established shooting gallery, shotgun or rifle range, the construction of which has been approved by the police chief.
(2)
In lawful self-defense.
(3)
By any police officer in the lawful performance of his duties.
(b)
Exception. A person under the age of 18 may, when accompanied by his parent or guardian, purchase, receive or use a slingshot, BB gun or rifle, or its ammunition, provided such usage is consistent with subsection (a) of this section and any other ordinance or statute.
(c)
Sale and display regulated. Except as provided in Wis. Stats. §§ 941.24, 941.25, no person shall engage in the business of selling, sell or give away any blackjacks, slingshots, billy, sand bag or sand club, blowgun, dart gun, bludgeon, metal knuckles, revolvers, pistols, rifles, shotguns, machine gun, grenade, bomb or any other weapon in which loaded or blank cartridges, shells, gas, explosives or projectiles are intended to be used, or display or exhibit for sale any such weapon, cartridges, shells, gas explosives or projectiles, except in accordance with a seller’s permit or dealer’s license issued pursuant to subsection (d); and such sale or gift shall be made only to a person not otherwise prohibited from purchasing or using such items by the provisions of subsection (e).
WHITE LAKE,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
WHITEWATER,
Chapter 7.72 FIREARMS AND WEAPONS* Whitewater, Wisconsin Code of Ordinances
7.72.010 Sale of loaded firearms prohibited.
No person, firm, partnership, association, or corporation shall display for sale, offer for sale, or sell any loaded pistol, gun, shotgun, air gun, air rifle, or other firearm within the city limits.
(Ord. 983 § 27(part), 1982; Ord. 598 § 1, 1967: prior code § 15.03(a).
Chapter 7.36 DISTURBANCES OF THE PEACE—DISORDERLY CONDUCT Whitewater, Wisconsin Code of Ordinances
7.36.020 Offenses prohibited.
No person shall, within the limits of the City of Whitewater, commit any of the following offenses:
(1)
FIREARMS. No person shall discharge any pistol, gun, air gun, air rifle, BB gun, or other firearm within the city limits, except in self-defense or in the lawful discharge of official duty, or in accordance with written permission which may be granted by the chief of police.
Windsor,
DIVISION 3. WEAPONS Windsor, Wisconsin Code of Ordinances
Sec. 36-49. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(3)
Firearm. Any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gun powder.
Sec. 36-50. Discharge of firearms restricted.
No person, except a law enforcement officer in the performance of an official duty, shall fire or discharge any firearm or dangerous weapon of any description in his or her possession or under his or her control within or into a platted subdivision in the Town; provided that, this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the Town Board, or the firing or discharging of BB guns upon private premises by persons over 16 or under the direct personal supervision of a parent or guardian.
(Code 1997, § 11-2-1)
State law reference— Endangering safety by use of dangerous weapon, Wis. Stats. § 941.20; local regulation of firearms, Wis. Stats. § 66.0409.
Sec. 36-52. Reckless use of weapons.
No person shall endanger another’s safety by reckless conduct in the operation or handling of a firearm or other dangerous weapon or operate or go armed with a firearm or other dangerous weapon, air gun, knife or bow and arrow while he or she is under the influence of an intoxicant. No person shall intentionally point a firearm, crossbow or bow and arrow at or toward another person.
(Code 1997, § 11-2-2)
State law reference— Endangering safety by use of dangerous weapon, Wis. Stats. § 941.20; local regulation of firearms, Wis. Stats. § 66.0409; safe use and transportation of firearms and bows, Wis. Stats. § 167.31.
YORKVILLE,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
Wyoming-
CASPER,
Chapter 9.44 WEAPONS – Casper, Wyoming – Code of Ordinances
9.44.020 Weapons.
A.
Authority and Purpose: This ordinance is enacted pursuant to the authority vested in the city of Casper, Wyoming, to regulate weapons as provided in Wyoming Statutes Sections 6-8-401 and 15-1-103(a)(xviii), in order to prevent conduct which disturbs or jeopardizes the public health, safety, peace or morality by the wearing or carrying of concealed weapons except as provided by state law and the carrying of weapons in or to meetings of the city of Casper as provided herein.
“Deadly weapon” shall be defined as it is under Wyoming state law, and shall include, but not be limited to, any firearm, bow, crossbow, or slingshot that shoots or ejects a bullet, pellet, arrow, BB, dart or other projectile by explosion, gas propulsion, spring propulsion or by any other means of propulsion, or any knife (excepting legal pocket knives having a blade length of four inches or less), sword, or explosive device, or any replica of any such deadly weapon.
9.44.030 Discharge of firearms and other weapons.
A.
No person shall discharge any firearm, bow, crossbow or slingshot that shoots or ejects a bullet, pellet, arrow, BB, dart or other projectile by explosion, gas propulsion, spring propulsion or by any other means of propulsion, within the limits of the city, except in self-defense.
CHEYENNE,
Chapter 9.24 WEAPONS – Cheyenne, Wyoming – Code of Ordinances
9.24.030 – Discharging firearms or air guns prohibited.
No person shall discharge or explode within the city any rifle, revolver or pistol, any air gun or other gun discharging BB or other size shot or firearms of any description or any other combustible or explosive material.
(2001 In-house code § 30-53)
DOUGLAS,
Chapter 9.12 OFFENSES AGAINST PUBLIC ORDER AND SAFETY Douglas, Wyoming Code of Ordinances
9.12.090 Discharging of dangerous or deadly weapon.
B.
No person shall discharge within the town any bow and arrow, air gun, or any other gun discharging BB’s or other size shot, except within the confines of one’s property.
C.
Nothing in this section shall prevent the use or possession of any said instrument by law enforcement personnel in the line of duty or any other person authorized to carry such weapons.
(Ord. 321 § 3-9, 1981)
GREEN RIVER,
ARTICLE V. OFFENSES AGAINST PUBLIC SAFETY – Green River, Wyoming – Code of Ordinances
Sec. 18-61. – Throwing projectiles/shooting bows.
It shall be unlawful for any person to throw any stone, brick, missile, or projectile of any kind, or to shoot projectiles from a slingshot, air rifle or other instrument at any person, animal, vehicle, building, or improvement within the city limits without the written consent of the chief of police.
It shall also be unlawful for any person to shoot an arrow or other projectile from a bow of any description within the city limits except:
(1)
With the written permission of the chief of police and subject to conditions imposed by him such as date, occasion, place and times allowed. Permission to shoot under this subsection shall be subject to revocation at any time by the chief of police. Denial of a request to shoot under this subsection shall be appealable to the governing body; or
(2)
At the outdoor archery range; or
(3)
At the White Mountain Archery “Red Barn”; or
(4)
At city or school sponsored competitive events.
(Ord. No. 6, Art. 1, § 4, 8-12-1891; Ord. No. 05-07, § 1, 3-15-05; Ord. No. 12-02, § 1, 1-3-12)
Sec. 18-63. – Discharge of firearms.
It shall be unlawful for any person to fire or discharge any cannon, gun, fowling piece, shotgun, rifle, pistol, revolver, BB gun, air rifle, pellet or paint ball gun, or firearm of any description within the city limits except:
(1)
With the written permission of the chief of police and subject to conditions imposed by him such as date, occasion, place and times allowed. Permission to discharge under this subsection shall be subject to revocation at any time by the chief of police. Denial of a request to discharge under this subsection shall be appealable to the governing body; or
(2)
At the FMC firing range; or
(3)
At city or school sponsored competitive events; or
(4)
Paint ball guns may be discharged within the area designated as the Green River paint ball range but only when appropriate protective screening is in place. This area is open for the use of paint ball guns only. No other firearms are permitted within this range.
(Ord. No. 6, Art. 1, § 6, 8-12-1891; Ord. No. 758, § 1, 12-16-64; Ord. No. 83-39, § 1, 8-16-83; Ord. No. 88-34, § 1, 11-1-88; Ord. No. 92-22, § 1, 9-15-92; Ord. No. 04-04, § 1, 5-4-04)
GREYBULL,
CHAPTER 9.32. DISCHARGE OF FIREARMS Greybull, Wyoming Code of Ordinances
9.32.010 Discharge within corporate limits prohibited.
No person or persons, firm or corporation shall discharge any firearm, air gun or rifle of any kind within the corporate limits of the town of Greybull. This chapter shall not apply to peace officers acting in the line of duty.
(Ord. 574 § 1, 1983)
9.32.020 Violation—Penalty.
Any person or persons, firm or corporation violating this chapter shall be deemed guilty of a misdemeanor and upon conviction be fined a sum not more than $750.00 together with costs and may be imprisoned for not more than six months.
(Ord. No. 761, 6-8-2009; Ord. 709 § 4 (part), 2002: Ord. 608 § 1 (part), 1988; Ord. 602 § 4 (part), 1987; Ord. 574 § 2, 1983)
LARAMIE,
Chapter 9.28 WEAPONS Laramie, Wyoming Code of Ordinances
9.28.040 Slingshots and air guns—Permit.
No person in the city shall carry or bear upon his person any slingshot, catapult, spring or air gun except as is specifically allowed under the ordinance codified in this section.
A.
The chief of police may grant written permits to national organizations or their local affiliates (such as 4-H and the Boy Scouts of America) to allow the holder of the permit to hold classes in which the use of slingshots, catapults, spring or air guns is taught, and to allow the holder of the permit to conduct competitions and demonstrations. Those attending a permitted class or event participate under the sponsor’s permit.
B.
The chief of police is authorized to adopt reasonable rules under which he will issue (and may revoke) permits, considering the safety of the public, students, event participants, spectators, wildlife, and public and private property.
C.
Possession of any slingshot, catapult, spring or air gun, is permitted within the city under these conditions: as part of the stock-in-trade of wholesale or retail merchants, by any person eighteen years of age or more upon private property, or within the public rights-of-way or on private property by any person who is transporting the weapon in plain view to or from a class or event which has been permitted by the chief of police.
D.
Discharging any of the weapons listed in this section is prohibited within the city limits, except as part of a permitted class or event.
E.
Any person who violates any provision of this section is subject to the penalty set forth in Section 1.28 of this code.
(Prior code § 26-39; Ord. 629 § 1, 1980; Ord. 1137 § 1, 1994)
LOVELL,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
NEWCASTLE,
CHAPTER 17. Offenses—Miscellaneous. – Newcastle, Wyoming – Code of Ordinances
Sec. 17-28. – Shooting or discharging firearms.
(a)
It shall be unlawful for any person, other than law officers engaged in the performance of their duties, to fire or discharge any cannon, gun, fowling piece, shotgun, pistol, revolver, BB gun, air rifle, pellet gun, weapon or firearm of any description which, by means of propulsion, shall shoot, eject or propel any form of bullet, pellet or other projectile capable of causing injury to persons or property, within the city limits; except that BB guns or air rifles may be discharged within owner’s home in a place or course or range which will prevent injury to other persons or property. The mayor may give his written consent to the firing of certain weapons for a time not to exceed forty eight hours for competitions or special events, if adequate safety precautions are provided. Such consent may be revoked at any time.
(b)
The provisions of subsection (a) of this section shall not apply to or cover the following described property:
The NE¼NE¼ of Section 32, Township 45 North, Range 61 West of the 6th Principal Meridian Weston County, Wyoming, less that portion on the ridge top where the city water tank is located.
(12-6-1889, art. 2, § 1; Ord. No. 4 (1976), § 1; Ord. No. 23 (1992), § 1.)
PINE HAVEN,
See above referenced State Air-gun laws, no local municipality Air-gun ordinances listed.
TORRINGTON,
CHAPTER 9.24. WEAPONS AND FIREWORKS Torrington, Wyoming Code of Ordinances
Sec. 9.24.050. BB guns and slingshots.
Every person who shall, within the corporate limits of the city, discharge or shoot any air gun, BB gun, slingshot or similar weapon, shall be guilty of a misdemeanor.
(Ord. No. 640 1, 1982)
International Air-gun Laws:
INTERNATIONAL AIRGUN LAW (Over-views)
Air gun law: Austria
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) No restrictions
Maximum initial velocity
(license-free) No restrictions
Hunting allowed
(license-free) ?
Pest control allowed
(license-free)
Comments
(general) None
Comments
(licenses, hunting& pest) Restriction on calibers. Firearm license required for caliber .25 and up.
Air gun law: Australia
Last verified: 18-07-2010
Minimum age
(purchase) ?
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) No restrictions
Maximum initial velocity
(license-free) No restrictions
Hunting allowed
(license-free) ?
Pest control allowed
(license-free)
Comments
(general) Silencers or anything that looks like one (but is not) are forbidden
Comments
(licenses, hunting& pest) An air gun/pistol license is always required
Air gun law: Belgium
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) Air rifle: no restrictions. Air pistol: 7.5 Joule
Maximum initial velocity
(license-free)
Air gun law: Canada
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) 5.7 Joule
Maximum initial velocity
(license-free) 152 m/s
Hunting allowed
(license-free) ?
Pest control allowed
(license-free)
Comments
(general) The rules for maximum muzzle energy AND maximum initial velocity must BOTH be met.
Comments
(licenses, hunting & pest) Firearm license (FAL) required when exceeding limits
Does not apply
Hunting allowed
(license-free) No
Air gun law: Czech Republic
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) 10 (under adult supervision only)
Maximum muzzle energy
(license-free) 16 Joule
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) ?
Pest control allowed
(license-free)
Comments
(general) None
Comments
(licenses, hunting& pest) Firearm license required when exceeding limits
Air gun law: Denmark
Last verified: 18-07-2010
Minimum age
(purchase) ?
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) No restrictions
Maximum initial velocity
(license-free) No restrictions
Hunting allowed
(license-free) ?
Pest control allowed
(license-free)
Comments
(general) Caution: the law in Denmark is about to change!
Air gun law: France
Last verified: 18-07-2010
Officially verified
information?
Minimum age
(purchase) 18
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) 10 Joule
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) No
Pest control allowed
(license-free)
Comments
(general) None
Comments
(licenses, hunting& pest) Target Shooting License required when exceeding limits
Air gun law: Germany
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) 18
Maximum muzzle energy
(license-free) 7.5 Joule
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) No
Pest control allowed
(license-free)
Comments
(general) Air guns must be stored as if they were firearms. Freely available air guns have a “F-in-pentagon” mark stamped somewhere on the gun.
Comments
(licenses, hunting& pest) Purchase autorisation required when exceeding limits. A hunting license can be applied for.
Air gun law: Ireland
Last verified: 18-07-2010
Minimum age
(purchase) ?
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) 1 Joule
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) Yes
Pest control allowed
(license-free)
Comments
(general) None
Comments
(licenses, hunting& pest) Firearm certificate (FAC) required when exceeding limits. Registration at the police office is required too. Limited hunting is allowed license-free.
Air gun law: Italy
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) 10 (under adult supervision only)
Maximum muzzle energy
(license-free) 7.5 Joule
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) ?
Pest control allowed
(license-free)
Comments
(general) No caliber restrictions
Comments
(licenses, hunting& pest) Firearm license required when exceeding limits. Registration at the police office is required too.
Air gun law: Netherlands
Last verified: 02-08-2010
Officially verified
information?
Minimum age
(purchase) 18
Minimum age
(shooting) No restrictions, adult supervision required <18
Maximum muzzle energy
(license-free) No restrictions
Maximum initial velocity
(license-free) No restrictions
Hunting allowed
(license-free) Hunting with air guns is forbidden.
Pest control allowed
(license-free) Pest control with air guns is forbidden.
Comments
(general) Air guns may not look like an imitation/replica of a real firearm. The police decides, there are almost no fixed regulations regarding this matter so think twice before importing an air gun (especially air pistols!) into The Netherlands.
Air gun law: Norway
Last verified: 18-07-2010
Minimum age
(purchase) ?
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) No restrictions
Maximum initial velocity
(license-free) No restrictions
Hunting allowed
(license-free) No
Pest control allowed
(license-free)
Comments
(general) None
Comments
(licenses, hunting& pest) Air guns exceeding caliber .177 (4.5mm) must be registered at the local police office. No license required though.
Air gun law: Poland
Last verified: 18-07-2010
Minimum age
(purchase) ?
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) 17 Joule
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) No
Pest control allowed
(license-free) No
Comments
(general) None
Comments
(licenses, hunting & pest) Air guns exceeding limits must be registered at the local police office. No license required though.
Air gun law: Portugal
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) Does not apply
Maximum initial velocity
(license-free) 360 m/s
Hunting allowed
(license-free) No
Pest control allowed
(license-free)
Comments
(general) Maximum caliber allowed without a license is .22 (5,5mm) and the air gun barrel length must be at least 300mm.
Air gun law: Russia
Last verified: 18-07-2010
Minimum age
(purchase) ?
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) 7.5 Joule
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) No
Pest control allowed
(license-free)
Comments
(general) Caution: the law in Russia may be changed!
Air gun law: Spain
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) 24 Joule
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) No
Pest control allowed
(license-free)
Air gun law: Sweden
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) No restrictions, adult supervision required <18
Maximum muzzle energy
(license-free) 10 Joule
Maximum initial velocity
(license-free) Does not apply
Hunting allowed
(license-free) No
Pest control allowed
(license-free) ?
Comments
(general) Semi- and full automatic air guns are restricted to 3 Joule. Silencers are not allowed on air guns.
Air gun law: Switzerland
Last verified: 18-07-2010
Officially verified
information?
Minimum age
(purchase) 18
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) No restrictions
Maximum initial velocity
(license-free) No restrictions
Hunting allowed
(license-free) Only bird hunting is allowed
Pest control allowed
(license-free) ?
Comments
(general) Laser sights are forbidden.
Air gun law: United Kingdom
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) 14-17: no supervision required for shooting on private premises. Under 14: you must be supervised by a person at least 21 years old when shooting.
Maximum muzzle energy
(license-free) Air rifle: 16.2 Joule. Air pistol: 8.1 Joule
Maximum initial velocity
(license-free) Does not apply
Hunting allowed
(license-free) No
Pest control allowed
(license-free)
Comments
(general) Air gun shooting within 15 meters of a public highway is an offence!
Comments
(licenses, hunting& pest) Firearm certificate (FAC) required for air rifles when exceeding limits. Higher powered air pistols are prohibited weapons! Persons under 14 years cannot own an air gun. You must be at least 18 years old to carry an air pistol in a public place.
Air gun law: United States
Last verified: 18-07-2010
(general)
The sale and possession of air guns are usually unregulated in most U.S. States. A few states and municipalities restrict or prohibit air gun sales or possession in some manner. Contact the local police department for further information.
Air gun law: Brazil
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) No restrictions
Maximum initial velocity
(license-free) No restrictions
Hunting allowed
(license-free) Yes
Pest control allowed
(license-free)
Comments
(general) Brazilian law allows the sale and possession of air guns with bore up to 6 mm. Larger bore means classification as firearm.
Comments
(licenses, hunting& pest) Hunting with air guns is not explicitly forbidden
Air gun law: Bulgaria
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) No restrictions
Maximum initial velocity
(license-free) No restrictions
Air gun law: Cyprus
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) No restrictions
Maximum initial velocity
(license-free) No restrictions
Hunting allowed
(license-free) No
Pest control allowed
(license-free)
Comments
(general) Caliber .177 only, other calibers are forbidden. All air guns must be registered to the owner at the local police station. Lasers and silencers are forbidden.
Air gun law: Estonia
Last verified: 18-07-2010
Minimum age
(purchase) ?
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) No restrictions
Maximum initial velocity
(license-free) No restrictions
Hunting allowed
(license-free) ?
Pest control allowed
(license-free)
Comments
(general) Caliber .177 only
Air gun law: Finland
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) No restrictions
Maximum initial velocity
(license-free) No restrictions
Hunting allowed
(license-free) ?
Pest control allowed
(license-free)
Comments
(general) Caution: the law in Finland is about to change!
Air gun law: Greece
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) No restrictions
Maximum initial velocity
(license-free) No restrictions
Hunting allowed
(license-free) No
Pest control allowed
(license-free)
Comments
(general) Scopes and silencers are forbidden on air guns
Air gun law: Hong Kong
Last verified: 18-07-2010
Minimum age
(purchase) ?
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) 2 Joule
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) ?
Pest control allowed
(license-free)
Comments
(general) None
Comments
(licenses, hunting& pest) Firearm license required when exceeding limits
Air gun law: Hungary
Last verified: 18-07-2010
Minimum age
(purchase) No restrictions
Minimum age
(shooting) Adult supervision required <18
Maximum muzzle energy
(license-free) 7.5 Joule
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) ?
Pest control allowed
(license-free)
Comments
(general) Air gun shooting must be confined to a railed off private property or a shooting range. Fired pellets/BB’s may not be able to leave the range or property. Air guns may be transported unloaded in a closed bag or case.
Air gun law: Isle of Man
Last verified: 18-07-2010
Minimum age
(purchase) 17
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) See comments
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) ?
Pest control allowed
(license-free)
Comments
(general) None
Comments
(licenses, hunting& pest) A “Regulated Weapon Certificate” is always required. Air pistols are limited to 8.1 Joule and air guns to 16.3 Joule. Firearm license required when exceeding limits
Air gun law: Israel
Last verified: 18-07-2010
Minimum age
(purchase) ?
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) ?
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) ?
Pest control allowed
(license-free)
Comments
(general) None
Comments
(licenses, hunting& pest) An air gun license is always required
Air gun law: Japan
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) ?
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) No
Pest control allowed
(license-free)
Comments
(general) None
Comments
(licenses, hunting& pest) Air guns firing metallic projectiles are considered firearms and require a license for specified use; for example hunting or target shooting.
Air gun law: Latvia
Last verified: 18-07-2010
Officially verified
information?
Minimum age
(purchase) ?
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) 12 Joule
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) ?
Pest control allowed
(license-free)
Air gun law: Lithuania
Last verified: 18-07-2010
Minimum age
(purchase) ?
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) 7.5 Joule
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) No
Air gun law: Luxembourg
Last verified: 18-07-2010
Minimum age
(purchase) ?
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) ?
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) ?
Pest control allowed
(license-free)
Comments
(general) None
Comments
(licenses, hunting& pest) An air gun license is always required
Air gun law: Malta
Last verified: 18-07-2010
Minimum age
(purchase) 18
Minimum age
(shooting) 14 (child and supervisor must both have a license)
Maximum muzzle energy
(license-free) No restrictions
Maximum initial velocity
(license-free) No restrictions
Hunting allowed
(license-free) No
Pest control allowed
(license-free)
Comments
(general) None
Comments
(licenses, hunting& pest) An air gun license is always required. A hunting license can be applied for (wild rabbit hunting only)
Air gun law: New Zealand
Last verified: 18-07-2010
Minimum age
(purchase) When 16 or 17 with license only; no license required when 18+
Minimum age
(shooting) Anyone under 18 may use an air gun if they hold a New Zealand Firearms License or they are under the “immediate supervision” of a firearms license holder or a person aged 18 or older.
Maximum muzzle energy
(license-free) No restrictions
Maximum initial velocity
(license-free) No restrictions
Hunting allowed
(license-free) Yes
Pest control allowed
(license-free)
Comments
(general) Caution: the law in New Zealand is about to change! “High powered” air guns may require a New Zealand Firearms License in future. “High powered” is not yet specified.
Comments
(licenses, hunting& pest) Fully automatic air guns require a New Zealand Firearms License. More powerful air guns may be used for bird and small pest control.
Air gun law: Philippines
Last verified: 18-07-2010
Minimum age
(purchase) 10
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) No restrictions
Maximum initial velocity
(license-free) No restrictions
Hunting allowed
(license-free) ?
Pest control allowed
(license-free)
Comments
(general) None
Comments
(licenses, hunting& pest) All air guns must be registered at the local police office. No license required though.
Air gun law: Slovakia
Last verified: 18-07-2010
Minimum age
(purchase) ?
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) 15 Joule
Maximum initial velocity
(license-free) ?
Hunting allowed
(license-free) No
Pest control allowed
(license-free)
Comments
(general) Pest control using air guns is allowed (rats only)
Air gun law: South Africa
Last verified: 03-01-2011
Officially verified
information?
Minimum age
(purchase) ?
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) 8 Joule
Maximum initial velocity
(license-free) Does not apply
Hunting allowed
(license-free) No
Pest control allowed
(license-free) Yes
Comments
(general) No shooting in buildup area’s.
Comments
(licenses, hunting & pest) A firearm license is required when exceeding 5.5mm bore diameter OR the maximum muzzle energy. WARNING: The law defines a .22 as 5.6mm (means license)! Pest control using air guns is allowed, hunting is forbidden.
Comments
(import, customs & travel) See warning above regarding the definition of “.22 caliber”.
Air gun law: Turkey
Last verified: 18-07-2010
Minimum age
(purchase) ?
Minimum age
(shooting) ?
Maximum muzzle energy
(license-free) No restrictions
Maximum initial velocity
(license-free) No restrictions
Hunting allowed
(license-free) ?
Pest control allowed
(license-free)
The legal definition of an air gun differs from country to country. There may be minimum ages for possession and sales of both air guns and ammunition may be restricted. Some areas may require permits and background checks similar to those required for firearms possession.
Asia& Oceania
Australian law classifies air guns and BB guns as “Category A” firearms, placing them in the same class as break-action shotguns and rim fire rifles, requiring a license for ownership.[citation needed] Anyone found in Australia possessing an unlicensed airsoft pistol faces the same charge as a person who unlawfully possesses a firearm. In many other areas of the world, however, air guns are not considered firearms and are not subject to regulation.
In Hong Kong, under the Firearms and Ammunition Ordinance (HK Laws. Chap 238), “an air rifle, air gun or air pistol from which any shot, bullet or missile can be discharged with a muzzle energy greater than 2 joules” is considered as ‘arms’. As such, a permit is required for possession which would otherwise be illegal and carries penalties up to a fine of $100000 and 14 years in jail.
In Japan, any air gun that fires a metallic projectile is restricted as a firearm, so only Airsoft-type guns are readily available.
Europe
Germany
In Germany, air guns producing a muzzle energy up to 7.5 joule (J) can be owned by persons from the age of 18 years and freely acquired, provided they comply with the “F-in-pentagon-mark” that indicates projectiles fired do not exceed 7.5 J kinetic energy. For carrying air guns in public places an arms permit is necessary. The transportation of unloaded and cased air guns to a shooting range is permitted as is shooting air guns on private land.
When shooting with air guns it must be assured the projectiles cannot leave the shooting area (WaffG, Section 12 (exemption of permit requirements), subsection (4), 1a. The minimum age for air gun shooting under adult supervision in Germany is 12 years (or 10 years if an exceptional provision is granted by the appropriate German authorities).
For the acquisition of weapons exceeding 7.5 J, so-called long range air guns, according to German law a purchase authorization is needed. Such an authorization can only be issued with a valid reason to acquire such a gun, and if the owner has mastered adequate handling skills as audited by the appropriate German authorities.
A purchase authorization is not required for air guns, manufactured and introduced onto the market before 1 January 1970 in Germany or before 2 April 1991 on the territory of the former East Germany (WaffG, Appendix 2, Section 1, Subsection 2, 1.2); they can, regardless of their muzzle energy and/or the presence of an “F-in-pentagon-mark”, be freely acquired and possessed.
The storage requirements for firearms also applies to air guns.
Italy
In Italy, any mechanism that produces a muzzle energy higher than 1 Joule and lower than 7,5 Joules is considered a “Low-power air gun”; the sale of such instruments is open to anyone over 18 years of age without license or registration, but it can take place only in authorized gun shops where the owner must require the purchaser to provide his ID Card as a proof of age. Any device developing a muzzle energy equal to, or higher than, 7.5 Joules is considered an “High-power air gun”, requiring Police licensing and registration for purchase and detention just like any firearm. Bows, crossbows and similar are exempt from this rule. The muzzle energy of such devices is certified by a governance office called “Banco di Prova”.[citation needed] Air guns developing less than 1 Joule of muzzle energy are categorized as Airsoft, which are considered by law as toys, with no restriction whatsoever to their trade, except that they can never be modified to achieve a higher muzzle energy and must be only able to shoot 6mm plastic pellets.
Netherlands
In the Netherlands, air guns can be owned by persons from the age of 18 years and freely acquired. Carrying air guns in public and the possession of air guns (and toy guns) that resemble firearms are prohibited. Air guns are allowed to be stored in private homes but must be kept unavailable for persons under 18. Under adult supervision under 18 year olds are however allowed to practice air gun shooting.
Finland
Finland is contemplating mandatory licensing of high powered air guns.
United Kingdom
In the United Kingdom, for example, air pistols generating more than 6 ft•lbf (8.1 J) or air rifles generating more than 12 ft•lbf (16.2 J) of energy are considered firearms.
In the UK, Brocock Air Cartridge System air guns, which use a pre-charged, single shot air cartridge (similar in size to a .38 Special cartridge) were banned after some pistols recovered by the police, were found to have been converted by criminals making them capable of firing rim fire ammunition or even .38 Special ammunition.
Due to further legislative restrictions in the UK, the online or mail-order sales of new air guns must be finalized “face-to-face”, either at the retail store of purchase or with a Registered Firearms Dealer (where an item may be shipped and the transfer completed). The sale and transfer of second-hand air guns is not affected by these new restrictions.
It is an offence to fire an air gun within 50 feet of the center of a public highway, If by doing so you cause any member of the public using that highway to be injured, interrupted or endangered. This applies even if you are on private property adjacent the highway. Public highways include roads, bridleways and public footpaths.
North America
In Canada, air guns with a muzzle velocity of over 500 ft/s (150 m/s) and a muzzle energy in excess of 4.2 ft•lbf (5.7 J) are classified as firearms and must be registered, transported, stored, and used as such. Some air guns are prohibited in Canada, prohibited air guns owned before December 1, 1998 are grandfathered. Persons committing a crime in Canada with an air gun face the same penalties as if they had committed the crime with a regular firearm.
Although it is illegal for U.S. cities to do so, some have attempted to restrict air gun sales and possession, usually regardless of the muzzle energy. These include: New York, New York; Camden and Newark, New Jersey; Michigan; Chicago and Morton Grove, Illinois; San Francisco, California; and Philadelphia, Pennsylvania.
UK Air gun Law
Air guns in the UK are subject to the firearms acts, under the Firearms (Dangerous air weapons) rules 1969 they are classified as low powered Air Weapons and as such they are restricted to a maximum power of 12 foot pounds energy for a rifle and 6 foot pounds energy for a pistol. Air rifles above 12ft/lbs are classified as a Section 1 Firearm and requires a license (FAC) otherwise known as a firearms certificate, and an Air pistol above 6ftlb is a prohibited weapon.
UK Legal Limit
To calculate the power of an air gun you need to use a chronograph to measure the speed of the pellet (in feet per second) when fired, and you need to know the weight of the pellet in grains. Once you have that information you perform the following calculation:- speed(ft/sec) X speed(ft/sec) X weight(grains) 450240
This gives you the result in foot pounds force (ftlb).
As mentioned the legal maximum for an unlicensed air rifle is 12 ftlb which from changing round the above formula, gives the approximate values as follows:-
A .22 pellet weighing 14.4 grains, maximum permissible speed is 612 ft/sec
A .177 pellet weighing 7.9 grains, maximum permissible speed is 826 ft/sec
The corresponding figures for a pistol are 433 ft/sec for a .22 and 584 ft/sec for a .177
The pellet weights used in the above calculation are typical weights for the sizes of pellet but you must always check the actual weight of your pellet before performing your own calculation.
Air gun Quarry
The following pests are considered suitable for controlling using a sub-12 ftlb Air gun.
BIRDS: (covered by the open general licenses) crows, rooks, jackdaws, magpies, jays, wood pigeon, collared doves, and feral pigeons.
MAMMALS: brown rats, grey squirrels, stoats, mink and rabbits.
information sheet on general licenses for the control of certain bird species in the UK please click here to read
Wildlife and Countryside Act 1981
All bird and animals are protected by law. Certain species are classified as pests or vermin and only these species can be legitimately shot and then only by authorized persons. An Authorized Person is someone who has the proper permission from the land owner to control pests on that land.
Offense Penalties
The Penalties for breaking current UK firearms laws with Air guns are as follows:-
Carrying a loaded Air-weapon in a public place 6 months imprisonment and / or £5,000 fine.
Trespassing with an air weapon 3 months imprisonment and / or £2,500 fine.
Trespassing on private land with an air weapon 3 months imprisonment and / or £2,500 fine.
Possessing or using an air weapon if sentenced to 3 months or more in custody 3 months imprisonment and / or £2,500 fine.
In addition if original sentence up to 3 years 5 year ban on use of firearms.
Or if for 3 years or more Life ban on use of firearms.
Killing or injuring any bird or protected animal unless authorized £5,000 fine.
Firing an air weapon within 15m / 50ft of a public highway £1,000 fine.
Selling or hiring air weapon or ammunition to person under 17 6 months imprisonment and / or £5,000 fine.
Making a gift of air weapon or ammunition to person under 14 £1,000 fine.
Having air weapon or ammunition with intent to damage property 10 years imprisonment.
Having air weapon with intent to endanger life ; imprisonment and / or appropriate fine.
Using air weapon to resist or prevent arrest Life imprisonment and / or appropriate fine.
Threatening others with an air weapon (even if unloaded) to cause them to fear unlawful violence 10 years imprisonment and / or appropriate fine.
Not forgetting the chance of being shot and killed by the police should you not obey instructions when challenged by them, they cannot tell if you have just an air-gun or a more lethal firearm so will treat all arms as lethal and respond accordingly.
Civil Law
It should be born in mind by every air-gun shooter that the unexpected could happen and they could find themselves facing a civil action for damage to property or even injury to persons or livestock. Every air-gun shooter should have Third Party Public Liability Insurance before venturing out of doors, and joining one of the bodies representing shooters interests is the best way to achieve this.
Following the enactment of the Violent Crime Reduction Act 2006, listed below are the current regulations relating to the purchase, ownership, sale and possession of air guns and ammunition.
Persons under the age of 14:
1) No person under the age of 14 may purchase, hire or be given an air gun or ammunition.
2) A person under the age of 14 must at all times when shooting be supervised by a person over the age of 21.
Persons over the age of 14 but under 18:
1) No person under the age of 18 may purchase, hire or be given an air-gun or ammunition.
2) A person in this age group may shoot unsupervised on private land with the permission of the landowner but must be supervised by somebody over the age of 21 if in a public place.
It should be noted that this means that a person aged seventeen and a half who may have a driving license cannot take an air rifle from home to his club to shoot unless the gun is possessed by somebody over the age of eighteen or the seventeen and a half-year old is supervised by a person over the age of twenty-one.
Persons over the age of 18:
A person over the age of eighteen can buy an air-gun and pellets and use them unsupervised.
General Restrictions:
1) It is an offence to have an air-gun in a public place “without good reason”, the proof being the responsibility of the possessor.
2) It is an offence to discharge a firearm within fifty feet of the center of a highway.
3) When shooting over private land it is an offence for the pellet to go beyond the boundary of the premises on which the gun is being used unless there is permission from the adjoining landowner.
4) Persons who by way of trade deal in air-guns, pressure bearing parts or component parts must be a Registered Firearms Dealer and any transaction must be face-to-face. Ammunition for air-guns may continue to be sold by post.
Exceptions:
1) It is not an offence for a person to have with him an air-gun or ammunition whilst being a member of a Home Office Approved Club in connection with target practice.
2) Air rifles with a muzzle energy in excess of 12 foot pounds (which require licensing) are not subject to the general restrictions listed above.
3) An “air-gun” with the kinetic energy of less than one joule is considered a toy and is therefore not covered by the above restrictions but may be considered a realistic imitation firearm (if it looks like a gun). The sale of realistic imitation firearms is now banned with one or two minor exceptions, mainly for historical re-enactment, museums and television/film/theatrical performances or as a recognized member of an airsoft site affiliated to the Association of British Air-Soft.
Australia
Australian law classifies air guns and BB guns as “Category A” firearms, placing them in the same class as break-action shotguns and rim-fire rifles, requiring a license for ownership.[citation needed] Anyone found in Australia possessing an unlicensed air gun faces the same charge as a person who unlawfully possesses a firearm.
Brazil
Brazilian law allows the sale and possession of air-guns with bore up to 6mm for anyone older than 18 years, for larger bores they are classified as firearms and virtually unavailable to most of the population. There are no provisions to where you can shoot them or how to handle them in public areas.
Canada
In Canada, air guns with a muzzle velocity of over 500 ft/s (152.4 m/s) and a muzzle energy in excess of 4.2 ft•lbf (5.7 J) are classified as firearms and must be registered, transported, stored, and used as such. Some air guns are prohibited in Canada, prohibited air guns owned before December 1, 1998 are grandfathered. Persons committing a crime in Canada with an air gun face the same penalties as if they had committed the crime with a regular firearm. The 500 ft/s law was applied because of the country’s liberal government at the time.[1]
Finland
Finland is contemplating mandatory licensing of high powered air guns.
Germany
German F-in-pentagon-markIn Germany, air guns producing a muzzle energy up to 7.5 joule (J) (5.53 ft•lbf) can be owned by persons from the age of 18 years and freely acquired, provided they comply with the “F-in-pentagon-mark” that indicates projectiles fired do not exceed 7.5 J kinetic energy. For carrying air guns in public places an arms permit is necessary. The transportation of unloaded and cased air guns to a shooting range is permitted as is shooting air guns on private land.
When shooting with air guns it must be assured the projectiles cannot leave the shooting area (WaffG, Section 12 (exemption of permit requirements), subsection (4), 1a. The minimum age for air gun shooting in Germany is 18 years, before 19 June 2009 it minimum age was 12, or even 10 years if an exceptional provision was granted by the appropriate German authorities. The change was made because of the Winnenden school shooting.
For the acquisition of weapons exceeding 7.5 J, so-called long range air guns, according to German law a purchase authorization is needed. Such an authorization can only be issued with a valid reason to acquire such a gun, and if the owner has mastered adequate handling skills as audited by the appropriate German authorities.
A purchase authorization is not required for air guns, manufactured and introduced onto the market before 1 January 1970 in Germany or before 2 April 1991 on the territory of the former East Germany (WaffG, Appendix 2, Section 1, Subsection 2, 1.2); they can, regardless of their muzzle energy and/or the presence of an “F-in-pentagon-mark”, be freely acquired and possessed.
The storage requirements for firearms also applies to air guns.
Hong Kong
In Hong Kong, under the Firearms and Ammunition Ordinance (HK Laws. Chap 238), “an air rifle, air gun or air pistol from which any shot, bullet or missile can be discharged with a muzzle energy greater than 2 joules (1.48 ft•lbf)” are considered ‘arms’. As such, a permit is required for possession (which would otherwise be illegal) and carries penalties up to a fine of $100000 .[citation needed] and 14 years in jail.
Italy
In Italy, any mechanism that produces a muzzle energy higher than 1 Joule (0.74 ft•lbf) (and lower than 7,5 Joules (5.53 ft•lbf)is considered a “Low-power air gun”; the sale of such instruments is open to anyone over 18 years of age without license or registration, but it can take place only in authorized gun shops where the owner must require the purchaser to provide his ID Card as a proof of age.
Any device developing a muzzle energy equal to, or higher than, 7.5 Joules is considered a “High-power air gun”, requiring Police licensing and registration for purchase and detention just like any firearm. Bows, crossbows and similar are exempt from this rule. The muzzle energy of such devices is certified by a governance office called “Banco di Prova”.[citation needed] Air guns developing less than 1 Joule of muzzle energy are categorized as Airsoft, which are considered by law as toys, with no restriction whatsoever to their trade, except that they can never be modified to achieve a higher muzzle energy and must be only able to shoot 6 mm plastic pellets.
Israel
In Israel all barreled arms shooting metallic ammunition are considered weapons and therefore require a special governmental permit. That leaves only softball arms outside of the licensing system. Since carrying civil weapons in Israel is not a citizen’s right (citizens have to comply with certain conditions and prove “necessity”). Air guns may be sold to any person who complies with the basic terms (clean police record and good physical / mental health). The Ministry of the Interior sometimes changes the qualifications for purchasing and holding air guns (except for sporting shooters and registered club members).
Japan
In Japan, any air gun that fires a metallic projectile is restricted as a firearm, so only Airsoft-type guns are readily available.
Malta
In Malta, all air driven guns for target sport (this includes air guns, airsoft and paintball guns) are subject to a Target Shooter B license. This license can be issued to an 18 year old person after proof of being a member of a licensed shooting club, completed and passed an air gun safe handling and Target shooter obligations course as required by the Maltese Arms Act law, and had background checks by the police.
The licensed target shooter is obliged by the Maltese law to have a shooting sports insurance policy to cover the shooting practice. A licensed Target Shooter then can purchase, keep and carry and use an air gun, airsoft gun or paintball gun, only at an authorized/licensed range. There is no restriction in muzzle velocity of air guns.
Minors from 14 years of age can be issued with a special permit from the Police Commissioner to practice air rifle or air pistol target shooting only. This permit is issued to the junior with full responsibility of the minor’s parent or guardian both of which must follow the same procedures until the license can be issued.
Air guns issued under a target shooters license are intended for sport target shooting only. Air gun license for hunting is a different license which is controlled by Hunting laws and regulations. This is issued only for wild rabbit hunting.
Netherlands
In the Netherlands, air guns can be owned by persons from the age of 18 years and freely acquired. Carrying air guns in public and the possession of air guns (and toy guns) that resemble firearms are prohibited. Air guns are allowed to be stored in private homes but must be kept unavailable for persons under 18. Under adult supervision under 18 year olds are however allowed to practice air gun shooting.[3]
New Zealand
In New Zealand any member of the public over the age of 18, may own and fire an air rifle without a firearms license, provided they use the air rifle in a safe environment with a responsible attitude. Minors over the age of 16 but under the age of 18 require a written test regarding safe firearm use before being able to purchase an air rifle, however they may use an air rifle with adult supervision without this license.
Philippines
In the Philippines, air guns can be legally owned by citizens 18 years old and above. Registration of air guns is required by the payment of a one-time but non-transferable registration fee.
Poland
In Poland it is possible to freely acquire an air guns with a muzzle energy not exceeding 17J. Air guns with muzzle energy over 17J must be registered (gun license is not needed).
Spain
In Spain, it is possible for any person over the age of 14 to freely acquire an air rifle with a muzzle energy not exceeding 18 ft•lbf (24 J)
United Kingdom
Air pistols generating more than 6 ft•lbf (8.1 J) or air rifles generating more than 12 ft•lbf (16.2 J) of energy are considered firearms [4] and as such require possession of a Firearms Certificate (F.A.C.). Pistols and rifles below this energy level are unlicensed.
The sale of Brocock Air Cartridge System air guns, which use a pre-charged, single shot air cartridge (similar in size to a .38 Special cartridge), were prohibited after some pistols recovered by the prim firer found to have been converted by criminals, making them capable of firing rim fire, or .38 Special ammunition.[5]
Continuing restrictive legislation prohibits the online or mail-order sales of new air guns. Deals must be finalized “face-to-face”, either at the retail store of purchase, or through a Registered Firearms Dealer (to which an item may be posted and the transfer completed). The sale and transfer of second-hand air guns is not affected by these new restrictions.
United States
Some U.S. cities and states restrict air gun sales and possession, usually regardless of the muzzle energy. These include: New York, New York; Camden and Newark, New Jersey; Chicago and Morton Grove, Illinois; San Francisco, California; Philadelphia, Pennsylvania, and the State of Michigan.
CANADA
Air guns (also known as BB guns, pellet guns, spring guns or air soft guns) fall into three categories:
* air (pneumatic system),
* spring (spring-air), and
* gas (CO2/nitrogen).
For purposes of the Firearms Act and the Criminal Code, air guns can be broken down further into the following four categories:
1. Air guns that are firearms for purposes of both the Firearms Act and the Criminal Code.
These are air guns with both a high muzzle velocity (greater than 152.4 meters or 500 feet per second) and a high muzzle energy (greater than 5.7 joules or 4.2 foot-pounds). The “muzzle velocity” is the speed of a projectile at the instant it leaves the muzzle of a gun, normally expressed in meters per second or feet per second. The “muzzle energy” is the energy of a projectile at the instant it leaves the muzzle of a gun, expressed in joules or foot-pounds. Air guns need to meet both standards to be classified as firearms for purposes of the Firearms Act.
These high-powered air guns are subject to the same license and registration requirements as a conventional firearm.
You are also required to store, transport, display and handle them safely in accordance with the regulations supporting the Firearms Act.
Usually, the manufacturer’s specifications are used to determine what muzzle velocity and muzzle energy an air gun was designed to have. This information may be available in the user’s manual or on the manufacturer’s web site. If the information is not available, individuals can call 1 800 731-4000 and ask to speak to a firearms technician to find out if the air gun is classified as a firearm for purposes of the Firearms Act.
High-powered air rifles are classified as non-restricted firearms. High-powered air pistols are classified as restricted if their barrel is longer than 105 mm or prohibited if their barrel length is 105 mm or less.
2. Air guns that meet the Criminal Code definition of a firearm, but that are deemed not to be firearms for certain purposes of the Firearms Act and Criminal Code.
These are air guns with a maximum muzzle velocity of 152.4 meters or 500 feet per second and/or a maximum muzzle energy of 5.7 joules or 4.2 foot pounds.
Such air guns are exempt from licensing, registration, and other requirements under the Firearms Act, and from penalties set out in the Criminal Code for possessing a firearm without a valid license or registration certificate. However, they are considered to be firearms under the Criminal Code if they are used to commit a crime. Anyone who uses such an air gun to commit a crime faces the same penalties as someone who uses a regular firearm.
The simple possession, acquisition and use of these air guns for lawful purposes is regulated more by provincial and municipal laws and by-laws than by federal law. For example, some provinces may have set a minimum age for acquiring such an air gun. For more information, please contact your local or provincial authorities.
These air guns are exempt from the specific safe storage, transportation and handling requirements set out in the regulations supporting the Firearms Act. However, the Criminal Code requires that reasonable precautions be taken to use, carry, handle, store, transport, and shipped them in a safe and secure manner.
3. Air guns that are replica firearms
These are air guns that are not powerful enough to cause serious injury or death, but that were designed to resemble a real firearm with near precision. Replica firearms, except for replicas of antique firearms, are classified as prohibited devices.
In particular, some air guns that are commonly called air soft guns may fall into this category. These are devices that have a low muzzle velocity and muzzle energy, and that usually discharge projectiles made out of a substance such as plastic or wax rather than metal or lead.
Although replica firearms are prohibited, you may keep any that you owned on December 1, 1998. You do not need a license to possess them, and they do not need to be registered. However, as an individual, you cannot import or acquire a replica firearm. If you take a replica firearm out of Canada, you will not be able to bring it back in.
The Criminal Code sets out some penalties for using a replica firearm or any other imitation firearm to commit a crime.
The Canadian Firearms Program (CFP) receives many enquiries from people wondering whether a low-powered air gun would be considered a replica if it resembles a real firearm in terms of its shape and size, but it is made of clear or brightly coloured plastic, or is much smaller in size.
Many of these devices have to be assessed on a case-by-case basis. As a general rule, however, those made out of clear plastic and those that are significantly smaller than the real version are not classified as replicas. Brightly coloured paint does not necessarily exclude a device from the definition of a replica.
4. Air guns that are neither firearms nor replicas
These are air guns that are not powerful enough to be classified as firearms and that do not resemble a real firearm closely enough to be considered a replica. An example would be a harmless air gun made out of clear plastic or a device that is obviously a child’s toy.
Like replicas, they generally fall within the definition of an “imitation firearm” and are subject to some penalties under the Criminal Code if used to commit a crime.
The law, of course, is more complex than any “Fact Sheet” could hope to explain, but it makes for a good reference and starting point.
Essentially, any instrument designed to shoot metal projectiles through a barrel falls under the provision of a ‘potential’ firearm, and can then be classified as either a “firearm” (further sub-classified as a “non-restricted”, “restricted”, “replica”) or a “non-firearm”. A “firearm” as it applies to air guns is fairly straightforward and outlined in the fact sheet information above. A “non-firearm” is something that outputs projectiles below the legal threshold listed above or some specific products outlined in the criminal code- for example an “antique” gun. That being said, (as also noted) a “non-firearm” that is used in the course of an illegal act/action becomes a “firearm” for the purposes of prosecution. So, for example, carrying a low-output BB pistol “non-firearm” into a convenience store as part of a robbery would carry the same charges and legal penalties as using any other “firearm”- pistol, rifle, shotgun.
Moving on, a barreled device that shoots a projectile that is not metal (i.e. a plastic BB such as an airsoft 6mm BB) but basically resembles an existing, non-antique “firearm” is classified as a “replica” and is “prohibited” in Canada.
A “replica firearm” is listed under the Criminal Code of Canada:
“replica firearm” means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm;
The most basic definition of “prohibited” is also found in the Criminal Code of Canada:
“prohibited weapon” means
(a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or
(b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon;
“Prohibited” products are the most difficult to classify. There is a specific list of products/product features that classify firearms as prohibited (Regulations), but often mistakes in descriptions can lead to incorrect conclusions about such products (for example, BB guns built on frames/receivers coming from the same factory as the “real deal”). “Prohibited,” quite literally means that unless you owned a specific prohibited product before laws were changed in the late 1970s and these products were “grandfathered” in as legal to be in your possession, any other device that is classified as “prohibited” is illegal to own or handle without specific legal authority (i.e. Law Enforcement, Military, or suppliers of such entities).
Brief “Air-Gun” Descriptions
Air Gun Characteristics
I. Definitions and Classifications
From references cited by gun-control groups and the gun industry:
Guns that are powered by hand-compressed air, or air power developed from carbon-dioxide gas canisters or mechanical spring, whether handguns or rifles, are known collectively as non-powder guns, or NPGs. BB and pellet guns are the most powerful of this class of guns.
Besides pellet and BB guns examined at length in this report, two other kinds of NPGs have wide appeal but are less powerful and therefore do less harm—“airsoft” guns and paint ball guns. Other forms of air-powered shooting devices, such as Tasers, described below, are less commonly in general circulation.
• The “airsoft” gun is described by makers as a low-impact device (muzzle velocities +/- 200 feet per second), using plastic BBs as ammunition. Airsoft guns closely resemble their firearm counterparts in appearance. As such, lawful uses include, besides target shooting, mock firearm drills during law enforcement training and as theatrical props. As a safety measure, AB 1455 (Negrete McLeod), Chapter 246, Statutes of 2003, required airsoft guns (but not other NPGs) to conform to federal law requiring “imitation firearms” to display identifying color markings.1 (More about AB 1455 on page 20. For broader application with similar aims, see also SB 1858, page 20.)
Pellet Guns and BB Guns: Dangerous Playthings in the Open Market
• The paintball gun is used by hobbyists or children playing war or gunfight games who discharge blobs of paint at one another. Propelling paint-filled projectiles at up to 350 feet per second (fps), paintball guns have attracted some 8.5 million users nationwide and have sent a rising number of targeted victims to hospital emergency rooms in recent years.
Performance and Power
The remainder of this report concentrates on BB and pellet guns. Data is derived from, among other sources, government agencies, medical studies, legal authorities and nonprofit organizations that advocate for the safer handling of NPGs.
Mass and speed determine the penetrating/injuring capacity of any projectile discharged from most guns made available to the public. The speed characteristic is, in turn, determined by muzzle velocity, meaning the speed at which the projectile leaves the barrel of the gun.
Various references largely agree that, at a minimum, damage to the human eye can occur from a gun discharging a pellet or BB at a muzzle velocity of 130 fps and that penetration of skin and bone can occur at 350 fps.5 (See more at Death and Injury section below.)
But muzzle velocities are higher in many compressed-air guns. The federal Centers for Disease Control and Prevention (CDC) says that of the 3.2 million NPGs sold annually in the United States, the muzzle
velocities of 80 percent of those guns exceed 350 fps, and in 50 percent, muzzle velocities reach from 500 to 930 fps.6 More recently, retailers report pellet guns are in circulation, and proving popular, with muzzle velocities of 1,000 fps.7 A November 2004 study appearing in the journal PEDIATRICS states that some air guns achieve muzzle velocities of 1,200 fps.
The ammunition and barrels of BB guns on the U.S. market are manufactured at .177 of an inch in radius, stated as .177 caliber. Pellet guns commonly are at .177 caliber as well. However, sales catalogs list pellet guns and ammunition at greater sizes, advertised at .20, .22, .25, 9mm (.35) and .45 caliber.9
(In comparison to firearms, other factors determine striking power and capacity to injure. While the velocity of some pellet guns may equal or exceed, for example, the velocity of a .45 caliber pistol, the projectile weight and subsequent kinetic energy developed in the discharge of a pellet gun is substantially less than that of a .45 caliber firearm. Thus the force of impact and capacity to injure also is less from the discharge of a pellet gun than that of a .45 and other firearms.10)
Safe and Proper Use of Air Guns
The Daisy Manufacturing Company says that the 118-year-old air gun maker produces a safe product for consumers engaging in a widely accepted form of recreation. “Safety is key with us,” said Marianne McBeth, vice president and general counsel at the company office in Rogers, Arkansas. In a phone conversation with SOR, McBeth said Daisy encourages the responsible handling of its guns, describes them as “not toys,” and added, “We do not condone the misuse of our products against any person or property.”
Injury related information & velocities
A .177-caliber pellet requires 331 fps to penetrate skin, whereas a .22-caliber pellet requires a velocity of 245 fps. Primary penetration of bone occurs at velocities of 350 fps. Ocular penetration can occur at velocities of only 130 fps. The speed at which tissue penetration occurs is easily attainable with virtually all types of air guns.
A word on Pneumatic & “Toy” gun-related injuries & deaths.
BACKGROUND
In August 1987, a man held a realistic-looking toy gun on KNBC-TV (Los
Angeles) reporter David Horowitz during a live newscast and threatened
to kill Horowitz if he didn’t read a statement about “space creatures and
the CIA.” Since this incident that first brought light to the dangers of toy
guns, there have been many documented incidents when people have
lost their lives because they brandished a toy gun either for fun or in the
commission of a crime.
In New York City (NYC), several toy gun-related incidents have resulted
in death. In 1999, New York Police Department (NYPD) officers shot
Michael Jones, a 16-year-old boy holding a toy water gun. In April of
2000, two undercover officers shot and killed two Brooklyn teenagers
who wielded toy guns wrapped in black tape during an attempted
robbery. In January of 2003, police fatally shot a 17 year-old in
Manhattan after he put a BB gun to the head of an undercover detective
dressed as a deliveryman.
In 1990, the U.S. Bureau of Justice Statistics (BJS) reported that 31,650
toy guns were seized during crime-related incidents across the nation
between January 1985 and September 1989. According to New York
State (NYS) Attorney General Eliot Spitzer’s office, five people in NYS have
been killed by police officers who mistook toy guns for actual guns since 1997.
In NYC, the most recent statistics available indicate that 1,400
crimes have been committed using toy or replica guns. Since 1998,
there have been 12 cases in NYC where officers had fired at someone
holding a toy gun that had been mistaken for an actual firearm.
In January of 2003, NYC Council Members introduced Intro. No. 298, a bill to
ban the sale of all toy guns. In an effort to end the violence related to toy
guns, the bill would make it a misdemeanor for merchants to sell any
kind of toy gun in NYC.
Other jurisdictions are also making legislative strides on the issue. In
the State of California toy guns can only be bright orange or bright green,
or both. The city of Baltimore, Maryland recently passed a law making
the sale of a BB gun to a minor a misdemeanor. In Chicago, a bill has
been introduced that would ban toy-pellet guns and in Carrollton, Texas,
the public use of replica guns is illegal.
Pellet guns are on the market today with projectile impact power often exceeding that of conventional firearms. Injuries nationally from so-called non-powder guns (NPGs) run to the tens of thousands—a big majority of them children or minors.
Yet there are few laws governing the use of NPGs, particularly in California. There are California laws barring the sale of an air-type gun to youths under 18, and placing restrictions on carrying such a weapon openly in public places, but little else in the California legal codes mandating safety controls of NPGs, or a clear path to applying penalties for NPG-inflicted injuries.
Civil Liability
Air gun injuries have reached courtrooms, though rarely in California, as civil liability cases.32 As noted above, the Daisy company settled a liability lawsuit for $18 million brought by the parents of the young shooting victim who went into a coma and died from an air gun wound in Pennsylvania in 2003.
The Daisy lawsuit alleged flaws in the design and manufacture of the gun that caused the injury. A more contentious situation arises when a cause of action results from a claim that, even though a gun functioned properly, the manufacturer nevertheless bears liability when the product causes injury and death. California courts and the Legislature have addressed that issue but only in the case of firearms, in which gun makers do not enjoy an automatic immunity from liability.
However, where air guns are concerned, courts have found civil liability on grounds other than design flaws or operational malfunction. For example, several cases in other states have turned on the issue of failure to warn, i.e., the presumption or inference of product liability based on failure to warn that the user of a product would have heeded an adequate warning had one been given.34 Courts have ruled both up and down on liability.
Conclusion
Nationally, we cite official and other credible sources reporting the proliferation of pellet and other air-type guns in the millions and injuries caused by them in the tens of thousands—most of the victims children and teens. Still, despite the hazards presented by a less than robust regime of safety measures, the legal process lacks clarity when it comes to prosecuting the unwise and dangerous use of such weapons.
Editor’s Note:
The way the World’s governments seem to view all guns and their on-going measures to prevent gun violence of every type, it’s easier to take away gun owner’s rights than to lock up all of the World’s crazies & careless gun users. If everyone would simply practice “safe gun handling & use”, the World of all guns would be a much safer and fun place to enjoy them.
Therefore, as the writer of this expansive air-gun ordinance guide, I do not encourage any form of
Government taking away the rights of gun owners over the few irresponsible people that shouldn’t have guns in their possession in the first place.
If you own any type of gun, pay attention to Federal, State & local air-gun and firearms laws and be safe.
Airgun Laws & Ordinances 