Fullerton Municipal Code Ch. 7.52 Discharge of Firearms

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DISCHARGE. To cause any projectile to be expelled from a firearm by any blow or pressure, or by any explosion induced by the application of any blow or heat. DISCHARGE also means to cause the explosion in any firearm of any primer cap, blank cartridge or other explosive article or material without thereby causing any projectile to be emitted from such firearm.

FIREARM. Any rifle, shotgun, pistol, revolver, cannon, air gun, gas or other device which will, upon the discharge thereof, emit and propel or drive, for a distance of at least 100 feet therefrom, a projectile from one end of a tubular segment of such device, or within which any primer cap, blank cartridge or other article or material may be caused to explode without thereby expelling any projectile therefrom.

(Ord. 1881, passed - -1973)

No person shall discharge, or aid or abet any other person to discharge, any firearm in the city, except in self-defense or incident to a lawful arrest unless the time, place, manner and extent of the discharge, and the kind or type of firearm used, and the article or material discharged therein, are in accordance with a permit issued by the Chief of Police which has not expired or been revoked.

(Ord. 1881, passed - -1973)

This chapter shall not apply to any of the following:

(A) Any peace officer as defined in Cal. Penal Code § 830, persons authorized by Cal. Penal Code Part 6, Title 4, Division 5, Chapter 3, Article 3 (commencing with § 25900), or federal officers authorized to carry firearms in the discharge of their duties;

(B) Any toy which will not expel an object therefrom;

(C) Starter and timing guns used at lawfully constituted sporting events;

(D) Devices or guns used to drive staples, rivets, plate fasteners or for other purposes in connection with building or other construction maintenance or repairs or for any other use specifically authorized by any law; and

(E) Any structure or facility which is used for test firing of firearms in connection with the business of gunsmithing, as approved by the Chief of Police who shall have the right to inspect the facility at any reasonable time.

(Ord. 1881, passed - -1973; Ord. 2052, passed - -1975)

(A) Any adult person may file an application in writing with the Chief of Police for a permit to discharge a firearm. Said application shall be accompanied by $25. Permit shall be in effect for 24 hours from the date of issuance. Such application shall contain all information required by the Chief of Police to enable him or her to determine:

(1) The good moral character and propensity toward safety of the applicant;

(2) Whether the applicant is of sound mind and not prohibited by any law from the possession of a firearm;

(3) The time, place, manner and extent of the proposed discharge of the firearm;

(4) The kind or type of firearm proposed to be discharged;

(5) The article or material proposed to be discharged in the firearm; and

(6) The need for such discharge of such firearm. The Chief of Police shall proceed with due diligence to investigate all matters pertaining to any such application.

(B) He or she may issue such a permit to such person for a period of not to exceed 30 days at any one time, if his or her investigation shows that the applicant is a person of good moral character, of sound mind, with propensities toward safety, and is not prohibited by any law from the possession of firearms, and that no danger of injury to life, limb or property can reasonably be anticipated to result from the discharge of such firearm in accordance with such permit, and that it is reasonably necessary that it be issued so that the abatement of a nuisance may be thereby permitted or so that the loss, damage or injury of property, including live animals and fowls, may be prevented or stopped.

(C) Such permit shall specify the time, place, manner and extent that the firearm is thereby permitted to be discharged and the kind or type of firearm thereby permitted to be discharged.

(Ord. 1881, passed - -1973; Ord. 2411, passed - -1982; Ord. 2440, passed - -1982)

The Chief of Police shall keep a record of all permits issued by him or her as authorized by this chapter.

(Ord. 1881, passed - -1973)

No person shall assign or transfer to any other person any permit issued pursuant to this chapter. Each such permit shall confer the personal privilege upon the person named therein to act as therein specified. No such person shall delegate such privilege to any other person.

(Ord. 1881, passed - -1973)

Any violation of this chapter is a misdemeanor.

(Ord. 2825, passed - -1992)