Atascadero Municipal Code Ch. 3 Discharge of Firearms and Dangerous Weapons

As used in this chapter, unless the context clearly requires a different meaning, the following words are defined as indicated below:

Firearm.

Any device designed to be used as a weapon from which a projectile is expelled by the force of any explosion or other form of combustion.

Dangerous weapon.

Any device designed to be used as a weapon which is capable of expelling a solid projectile in excess of fifty feet.

(Ord. 64 § 4-3.101, 1983)

The provisions of this chapter shall not prohibit the discharge of appropriate firearms when necessary to protect a human life or to destroy or kill any predatory or dangerous animal while defending oneself or another person against an immediate threat of great bodily harm or as otherwise provided by law.

(Ord. 64 § 4-3.102, 1983)

It is unlawful for any person to wilfully discharge any firearm or dangerous weapon within the city limits except in either private or public archery ranges, shooting galleries and on pistol or rifle ranges, the locations of which have been approved by the Chief of Police, or as otherwise provided by law.

(Ord. 64 § 4-3.103, 1983; Ord. 391, 2002)

It is unlawful for any person under the age of eighteen, and without the immediate supervision of a parent or guardian or an adult designated by the minor's parent or guardian, to wilfully fire or wilfully discharge any weapon or device as defined in this chapter within the city limits. In no instance may such weapons be discharged by a minor within one hundred feet of any building or livestock without the permission of the property owner.

(Ord. 64 § 4-3.104, 1983; Ord. 391, 2002)

(a) Upon conviction of a defendant, a firearm or dangerous weapon used in the commission of or in reply to an attempt to commit any violation of this code, is a nuisance.

(b) Upon conviction of a defendant, any weapon described in subsection (a) of this section shall be surrendered to the Chief of Police, who shall dispose of such weapon as provided by law, except that upon the certification of a judge of a court of record, the City Attorney or of the District Attorney of the County of San Luis Obispo, that the ends of justice will be subserved thereby, the weapon shall be preserved until the necessity for its use ceases.

(Ord. 391, 2002)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The City Council declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional.

(Ord. 391, 2002)