Chapter 9.12
FIREARMS AND WEAPONS DISCHARGE*
Sections:
9.12.040 Discharge of firearms and certain weapons prohibited.
9.12.050 Discharge of certain weapons prohibited.
9.12.060 Penalties, seizure and disposition of firearms and weapons.
* Code reviser’s note: See also Chapter 9.10 SHMC.
9.12.010 Short title.
This chapter shall be known as the “firearms and weapons discharge ordinance.” (Ord. 2814 § 1, 2000)
9.12.020 Purpose.
The purpose of this chapter is to promote the health, safety, and welfare of the citizens of St. Helens by making all public and private property safer by prohibiting the discharge of firearms within the city limits. These regulations are intended to achieve protection of the public with a minimum of infringement on the personal liberty of the citizens of the city. (Ord. 2814 § 2, 2000)
9.12.030 Definitions.
As used in this chapter, “firearm” means a pistol, revolver, gun, rifle, or other ordnance, including a miniature weapon, which projects a missile or shot by force of gunpowder or any other explosive. (Ord. 2814 § 3, 2000)
9.12.040 Discharge of firearms and certain weapons prohibited.
Except as provided below, it is unlawful for any person to knowingly, recklessly, or negligently fire or discharge a firearm, crossbow, bow and arrow, or blowgun within the boundaries of the city:
(1) A person discharging a firearm or weapon in the lawful defense of a person or property. “Lawful defense” is a defense recognized by Oregon law (e.g., ORS 161.195 et seq.);
(2) A person discharging a firearm or weapon on a licensed public or private shooting range, shooting gallery or other approved area designed or built for the purpose of target shooting, when such person is a member or guest of said range or area;
(3) A peace officer or member of the military discharging a firearm or weapon while acting within the scope of his or her official duty;
(4) A government employee discharging a firearm or weapon when authorized and required by his or her employment or public office to carry or use firearms or weapons and while acting within the scope of his or her official duty;
(5) A person conducting an athletic contest who fires blank ammunition in a plugged firearm toward the sky;
(6) Persons authorized by permit of the chief of police to discharge blank ammunition or a weapon for a lawful purpose;
(7) A person lawfully engaging in hunting in compliance with rules and regulations adopted by the State Department of Fish and Wildlife. (Ord. 3004 § 2, 2006; Ord. 2814 § 4, 2000)
9.12.050 Discharge of certain weapons prohibited.
No person other than a peace officer or animal control officer shall discharge a spring- or air-actuated pellet gun, air gun or BB gun on public property, rights-of-way, or across property lines in the city of St. Helens. (Ord. 3004 § 2, 2006; Ord. 2814 § 5, 2000)
9.12.060 Penalties, seizure and disposition of firearms and weapons.
(1) Unlawful discharge of a firearm or weapon in violation of SHMC 9.12.040 is a class A misdemeanor.
(2) Unlawful discharge of a weapon identified in SHMC 9.12.050, in violation of SHMC 9.12.050, is a class A violation.
(3) It is the duty of the police department to seize and take possession of any firearm or weapon being used unlawfully or for an unlawful purpose.
(4) Upon conviction of a violation of this chapter, the municipal court shall order the seized firearm or weapon disposed of in accordance with ORS 166.279 and other applicable laws, for returning, selling, or destroying seized weapons or firearms.
(5) If, after investigation or adjudication, it is determined the firearm or weapon was not used unlawfully, it shall be released to the owner only after the owner files a written claim with the city of St. Helens police department and the municipal court has entered an order releasing the firearm or weapon from evidence. Nothing herein shall prohibit the municipal court in the exercise of its discretion to withhold release of a firearm or weapon in the interests of justice and in accordance with law. The firearm or weapon will be available to be claimed for 90 days after the municipal court has released the firearm or weapon. If there is a question as to ownership or right to possession, the firearm or weapon shall be released as ordered by the court in proceedings initiated under ORS 133.633 through 133.663 by any person claiming ownership or right to possession. If the name and address of a person entitled to claim possession of a firearm or weapon is known to the police department, the department shall give that person written notice that said person may claim the firearm or weapon, including the 90-day claim period. If the firearm or weapon is not claimed within 90 days of the court’s release of the firearm or weapon from evidence, or the firearm or weapon was used unlawfully by the owner, it is a nuisance. Subject to a court order to the contrary, the firearm or weapon shall be returned, sold, or destroyed in accordance with ORS 166.279 and other applicable Oregon laws. Notwithstanding any other provision of this section, an unclaimed firearm or weapon may be disposed of as provided in ORS 98.245. (Ord. 3073 § 1, 2008; Ord. 3004 § 2, 2006; Ord. 2814 § 6, 2000)