Brisbane Municipal Code Ch. 9.52 Discharge of Firearms and Other Weapons

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 airgun, 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).

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.

(Ord. 28 § 3, 1962).

It is unlawful for any person or persons to carry any weapon, as defined in Section 9.52.010, anywhere within the corporate limits of the city unless such person or persons shall carry the weapon unloaded, with the breech or magazine open, or the main parts of the weapon broken down and separated.

(Ord. 28 § 4, 1962).

The city council may, upon written application being made, grant permission for the location of rifle, pistol, skeet, trap, or archery ranges within the city, upon which range it may be lawful to discharge rifles, revolvers, pistols, shotguns, or bows subject to such regulations as the city council may appropriately establish.

(Ord. 261 § 28, 1980: Ord. 28 § 5, 1962).

The provisions of Section 9.52.010, as to the use of any of the devices mentioned therein, shall not apply to any of the following cases:

A. To police, peace officers or persons in military service in the discharge of their duties and using reasonable care;

B. To persons using firearms in necessary self defense;

C. To the possession of such firearms for keeping at the place of residence or business of the person otherwise in lawful possession thereof, or while traveling to or from a legal firing, shooting or target range or hunting ground;

D. To cannon, anvils or fireworks discharged upon occasions of public parades, processions or other public gatherings, after permit first obtained from the council. All acts done under the provisions of this subsection shall be performed in a careful manner, and the permit granted by the council shall not exempt the permittee from any liability for damage done under such permit to person or property.

(Ord. 28 § 6, 1962).

A. Any and all weapons, as defined in Section 9.52.010, used and employed by any person in violation of this chapter shall be seized by the authorized law enforcement officer and shall be confiscated and disposed of in the manner specified in this section. After seizure, all weapons shall remain in the custody of the police department until a forfeiture has been declared, or a release has been ordered, by the court having jurisdiction in the matter. In those cases in which the court with jurisdiction finds that the weapon was used in violation of this chapter, all individual property rights in the weapon shall be declared forfeited, if the court feels in its sole discretion that the forfeiture would be in the interests of justice. If the reasonable value of any forfeited weapon, as estimated by the chief of police, the captain of police, or the police sergeant on duty, does not exceed the sum of ten dollars ($10.00), the police department is authorized to destroy such weapon, or cause it to be destroyed, to such extent that it shall be wholly and entirely useless and ineffective for the purpose for which it was designed or constructed. However, if such reasonable value of any forfeited weapon exceeds the sum of ten dollars ($10.00), the same shall remain in the custody of the police department and thereafter be sold to the highest bidder at a public auction to be conducted by the department on a business day between the hours of nine (9:00) a.m. and five (5:00) p.m. at a public place in the city within one (1) year from the date of forfeiture. Before any such sale is conducted, notice thereof must be given by posting in at least three (3) public places within the city, at least ten (10) days before the date of the sale, a written notice containing a brief description of the weapons to be sold and stating the time and the place of the public auction. It may be specified in the notice that any and all bids may be rejected, as the police officer conducting the sale shall in his sound discretion so decide. No member of the police department shall become a purchaser at such sale, or be interested in any purchase thereat. All money received by the police department, through the public sale of the weapons shall be deposited with the city manager-clerk for distribution into the general fund. All weapons which may remain unsold after the conduct of a public auction as provided for in this section shall be destroyed by the police department, unless the chief thereof shall, in his discretion, determine to retain such weapons in the custody of the police department for the purpose of offering the same for sale at a subsequent public auction to be held under this section.

(Ord. 65 § 1, 1964: Ord. 28 § 7, 1962).

The violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code.

(Ord. 28 § 8, 1962).

(Ord. No. 554, § 34, 1-18-11)