Chapter 4.6
WEAPONS
Sections:
4.6.02 Loitering with weapons.
4.6.04 Sale and transfer of weapons.
4.6.05 Exceptions to provisions.
4.6.01 Defined.
For the purposes of this chapter, “dangerous or deadly weapon” shall mean and include, but not be limited to, any knife with a blade three inches (3′′) or more in length; any spring-blade, switch-blade, or snap-blade knife or other knife of a similar type; any knife having a blade which is automatically released by a spring mechanism or other mechanical device; any ice pick or similar sharp, stabbing tool; any straight-edge razor or any razor blade fitted to a handle; or any cutting, stabbing, or bludgeoning weapon or device capable of inflicting grievous bodily harm. (§ 1 A, Ord. 240)
4.6.02 Loitering with weapons.
It shall be unlawful for any person, while carrying concealed upon his person any dangerous or deadly weapon, to loaf or loiter upon any public street, sidewalk, or alley, or to wander about from place to place with no lawful business thereby to perform, or to hide, lurk, or loiter upon or about the premises of another.
It shall be unlawful for any person who has concealed upon his person any dangerous or deadly weapon to loiter about any place where intoxicating liquors are sold or any other place of public resort. (§§ 1 B and 1 D, Ord. 240)
4.6.03 Fighting with weapons.
It shall be unlawful for any person who has concealed upon his person or who has in his immediate physical possession any dangerous or deadly weapon to engage in any fight or to participate in any other rough or disorderly conduct upon or in any public street, way, or place or upon the premises of another. (§ 1 C, Ord. 240)
4.6.04 Sale and transfer of weapons.
It shall be unlawful for any person to sell, offer for sale, expose for sale, keep, carry, possess, loan, transfer, or give to any other person any spring-blade, switch-blade, snap-blade, or other knife of a similar type, or any knife having a blade which is automatically released by a spring mechanism or other mechanical device. (§ 2, Ord. 240)
4.6.05 Exceptions to provisions.
The provisions of this chapter shall not prohibit the carrying of ordinary tools or equipment carried in good faith for use in honest work, a trade, or a business or for the purposes of legitimate recreation. (§ 1 E, Ord. 240)
4.6.06 Discharge of firearms.
No person shall discharge any firearm within the City; nor shall any person explode any combustible, or any powder or any other explosive within the City without a permit in writing obtained from the Chief of Police, which permit shall designate the place and time of such firing or discharging. (§ 1, Ord. 363, eff. August 19, 1964, as amended by Ord. 06-13, eff. May 17, 2006)
4.6.07 Sale of firearms.
(a) No person who is engaged in the business of selling, leasing, or otherwise transferring, and no person who sells, leases, or otherwise transfers, either title to or possession of a pistol, revolver, or other firearm of a size capable of being concealed upon the person, shall sell, lease, or in any other way transfer title to or possession of such pistol, revolver or other firearm, or deliver the same pursuant to such sale, lease, or transfer, unless the person to whom the same is sold, leased, transferred, or delivered shall at the time exhibit a permit duly issued by the Chief of Police authorizing such person to acquire such pistol, revolver, or firearm; nor shall any person not having such permit receive or accept delivery or transfer of possession of such pistol, revolver, or other firearm of a size capable of being concealed on the person.
(b) It shall be lawful for the Chief of Police, upon satisfactory proof being made to him that the person applying for the permit specified by subsection (a) of this section is of good moral character and that good cause exists for the issuance thereof, to issue to such person a numbered permit to purchase, lease, or otherwise acquire a pistol, revolver, or other firearm of a size capable of being concealed on the person. Such application for such permit shall be made in the applicant’s own handwriting, filed with the Chief of Police, and shall set forth his true name and residence, his business and business address, the kind of firearm to be acquired for which permission is sought by the applicant, and the reason for his application. The permit, issued in duplicate, shall show the name, residence, and business of the person to whom issued and his description, including his height, weight, age, and color of his hair, skin, and eyes, and shall be countersigned by the permittee himself at the time of issuance, and the Chief of Police shall retain the duplicate copy. No sale, lease, or other transfer of any pistol, revolver, or other firearm shall be made by any person to any other person unless the description of the person to whom such transfer is made shall identify him with the description in the permit which he presents, nor unless such permit shall be then and there surrendered to the person from whom the firearm is received, who shall endorse on it the make, number, and caliber of such firearm and transmit such permit to the Chief of Police, attached to the duplicate register for that day as required by the provisions of subsection (f) of this section.
(c) No person shall sell, exchange, give, loan, or otherwise dispose of any firearm or ammunition to any individual who the person knows or has reasonable cause to believe is less than eighteen (18) years of age and, if the firearm or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the person knows or has reasonable cause to believe is less than twenty-one (21) years of age.
(d) The Chief of Police is hereby duly authorized to seize and confiscate, when found unlawfully in the possession of any person, any missile or any other instrument capable of projecting any missile, or any slingshot, slungshot, bow, or arrow, or any rifle, pistol, or gun using B-B pellets or bullets which expels a missile by spring, air, gas, or gunpowder and hold the same for a period of thirty (30) days, and thereafter, at his discretion, may return such property to the owner or, in the case of a person under the age of twenty-one (21) years, to his parent or guardian, or may destroy such property.
(e) No person shall sell, offer for sale, expose for sale, keep, carry, possess, loan, transfer, or give to any other person any spring-blade, switch-blade, or snap-blade knife, or other similar-type knife, or any knife the blade of which is automatically released by a spring mechanism or other mechanical device.
(f) Every person in the business of selling, leasing, or otherwise transferring, and every person who sells, leases, or otherwise transfers, within the City, a pistol, revolver, or other firearm of a size capable of being concealed on the person shall keep a register in which shall be entered in duplicate the time, date, place of sale, the name of the person making the sale, lease, or other transfer of any pistol, revolver, or other firearm, and the make, model, manufacturer’s number, caliber, and any identification marks thereof, and, in addition, the number of the permit issued by the Chief of Police authorizing the person to whom such sale, lease, or other transfer is made to acquire such pistol, revolver, or other firearm. No such sale, lease, or transfer shall be made unless the person to whom the same is to be made shall first sign his true name and address in such register in duplicate and not until the person making the sale, lease, or other transfer shall have signed his name in duplicate as witness to the name and address of the person to whom such sale, lease, or other transfer is made. The duplicate sheets of such register shall, on the day on which the sale, lease, or other transfer of such pistol, revolver, or other firearm is made, be placed in the United States mail, with postage prepaid, in an envelope properly addressed to the Chief of Police in Clovis, California.
(g) No person shall sign a fictitious name or a fictitious address or falsify in any manner any information required by the provisions of subsections (b) and (f) of this section.
(h) Nothing contained in this section shall apply to any duly appointed peace officer of any political subdivision of the State, or to wholesale dealers in their regular business intercourse with retail dealers, or to wholesale or retail dealers in their regular course of business when transporting unloaded pistols, revolvers, or other firearms by mail, express, or other method of shipment to points outside the City. (§ 1, Ord. 363, eff. August 19, 1964, as amended by § 1, Ord. 72-5, eff. April 5, 1972)