Gustine Municipal Code Art. 2 Weapons

Footnotes:

--- (1) ---

State Law reference— Deadly weapons, Penal Code § 12000 et seq.

(a) This article shall not be deemed to make punishable the act of carrying or discharging a weapon in the lawful discharge of duties as a public officer, or private person duly licensed therefor.

(b) This article shall not apply to the keeping of weapons at a place of business or residence by a person 18 years of age or older lawfully in possession of such weapon.

(c) This article shall not apply to the keeping or use of weapons on the premises of any shooting gallery, practice range, skeet field, archery range, or similar place conducted at a fixed location and with regard to which adequate safeguards have been provided to protect persons and property from injury.

(d) This article shall not apply to any organized hunt for the purpose of ridding premises larger than one acre of vermin, when the setting of traps or poison is impractical and the chief of police has approved the time, place, and method of the hunt. Such approval shall be given upon a showing that public peace and public safety will not be endangered.

(e) This article shall not be deemed to make punishable any act that is allowed or prohibited by any state law.

The chief of police is authorized to seize and impound any weapon or missile which is kept, possessed or used in violation of this article, and to hold the same for a period of 30 days and until it is claimed by its owner. Such articles may not be returned to any person under the age of 18 years but may be returned to his parent or guardian. This section shall not be deemed to make punishable acts which are allowed or prohibited by any law of the state.

No parent, guardian, or any adult person having the control, custody, or charge of any person under the age of 18 years, shall knowingly permit, allow, or let such person use or possess a weapon in violation of this article.

No person shall hunt wildlife with any weapon described in this article within the city limits.

No person shall discharge a firearm into or within the city limits.

(Code 1966, § 4-4.01)

No person shall propel a missile by, or possess a slingshot, slungshot, bow or other instrument commonly used or which is designed for the throwing of any shot, bullet, rock, stone, arrow, or other missile or similar device.

(a) No person under the age of 18 years shall have in his possession any firearm within the city limits unless he, at all times during the possession has on his person the written consent of a parent or guardian, is accompanied by his parent or guardian or is participating in and going to and from and organized, lawful recreational or competitive shooting activity or lawful hunting activity.

(b) As used in this section, the term "firearm" means any firearm except any pistol, revolver, or firearm capable of being concealed upon the person as described in Penal Code § 12001, or a BB gun, pellet gun or spot-marking gun as described in Penal Code § 12001.1 or any other firearm the possession of which by minors is regulated by state law.

State Law reference— Possession of concealable firearms by minors, Penal Code § 12101.

Every person who discharges an air rifle, BB gun and pneumatic weapons of all types within the city limits, but excluding toy weapons incapable of harming either persons or property, such as water pistols and popguns, shall be guilty of an infraction unless written permission has been obtained beforehand from the chief of police. Such permission shall be given upon a showing that public peace and public safety will not be endangered.