VIII. WEAPONS
Chapter 9.88
FIREARMS
Sections:
9.88.010 Firearms defined.
9.88.020 Discharge—Prohibitions.
9.88.030 Discharge—Prohibition exception.
9.88.040 Possession by minor—Prohibited.
9.88.050 Possession by minor—Prohibition exceptions.
9.88.060 Sale to minors prohibited.
9.88.070 Firing range or hunting ground permit.
9.88.080 Violation—Penalty.
* Prior history: Ord. 444.
9.88.010 Firearms 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, powder or air. (Ord. 503 § 1 (part), 2003: Ord. 76 § 1, 1973)
9.88.020 Discharge—Prohibitions.
No person shall, within the incorporated area of the city, discharge or fire any firearm, except as provided in Section 9.88.030, and no parent, guardian or person having the care, custody or control of a minor may permit the minor to fire or discharge a firearm within the city. (Ord. 503 § 1 (part), 2003: Ord. 76 § 2, 1973)
9.88.030 Discharge—Prohibition exception.
The provisions of Section 9.88.020 as to the use of any firearm shall not apply to any of the following cases:
A. To 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;
B. To persons using firearms in the lawful defense of self, third persons or the user’s property;
C. 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 and/or person in charge of any such firing, shooting or target range and subject to permit review, limitations, conditions and approval as set forth in Section 9.88.070. “Regularly-established firing, shooting or target range” as used in this subsection includes properly-constructed indoor and/or outdoor home ranges on private property when such range is supervised by an adult;
D. To sheriffs, constables, marshals, policemen or other peace officers for the purpose of training, provided by the local police agency. (Ord. 503 § 1 (part), 2003: Ord. 76 § 3, 1973)
9.88.040 Possession by minor—Prohibited.
It is unlawful for any person under the age of eighteen years to have in his possession in a public place any firearm, except as provided in Section 9.88.050. (Ord. 503 § 1 (part), 2003: Ord. 76 § 4, 1973)
9.88.050 Possession by minor—Prohibition exceptions.
The provisions of Section 9.88.040 shall not apply to said persons under the age of eighteen in the following cases:
A. When said person is in the immediate charge of a parent, guardian or adult person having the responsibility for the conduct of said person under the age of eighteen years;
B. When the firearm is unloaded and either (1) in a dismantled “take-down” condition, or (2) completely wrapped or in a carrying case for the purpose of carrying such firearm. A gun shall be deemed not to be loaded only when no ammunition or propellant is in any part of the gun or magazine or clip thereof. (Ord. 503 § 1 (part), 2003: Ord. 76 § 5, 1973)
9.88.060 Sale to minors prohibited.
No person shall sell, deliver or transfer ownership to any person under the age of eighteen years any pistol, revolver or other similar weapon and designed to discharge a projectile propelled by the expansion of a gas, powder or air. (Ord. 503 § 1 (part), 2003: Ord. 76 § 6, 1973)
9.88.070 Firing range or hunting ground permit.
The chief of police, subject to review by the planning commission and approval by the city council, may issue an annual permit for a firing, shooting or target range or hunting ground. A person desiring a permit shall file an application on a form prescribed by the city and shall pay an application fee of one hundred fifty dollars. The chief of police subject to city council approval, may issue a permit only if he finds that the proposed area to be used for the range can be maintained and operated for the use of a firearm without jeopardizing the safety, well-being and peace of neighboring residents and their livestock, domestic animals and property. (Ord. 503 § 1 (part), 2003: Ord. 235 § 1, 1981)
9.88.080 Violation—Penalty.
A person who violates this chapter shall be punished as provided in Section 1.08.020 of this code. Each day during which a violation of this chapter is committed, continues or is permitted is a separate offense. (Ord. 503 § 1 (part), 2003: Ord. 76 8, 1973)