Menifee Municipal Code Ch. 11.25 Firearms and Bb Guns

As used in this chapter, the following words and phrases shall have the meanings set out here.

BB DEVICE. Any instrument that expels a projectile, which projectiles are limited to bird or buck shot for purposes of this chapter, such as a BB gun or air gun, not exceeding six-mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun, but explicitly excludes a pellet gun.

FIREARM. Mean and include any device, designed to be used as a weapon, from which a projectile is expelled through a barrel by the force of any explosion or other form of combustion; such devices include but not limited to a cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun or pellet gun.

RIFLE. A shoulder weapon with a rifled bore or rifled artillery piece, as distinguished from a smooth bore shotgun.

RIFLE SLUGS. The projectiles shot through a smooth bore weapon such as a shot gun.

(Ord. 2010-72, passed 3-2-2009)

It shall be unlawful and a violation of this code for any person to shoot or discharge any rifle, pellet gun or other weapon firing rifle slugs within the boundaries of the City of Menifee.

(Ord. 2010-72, passed 3-2-2009)

It shall be unlawful and a violation of this code for any person to shoot or discharge any firearm or BB device (as defined herein) in the following areas, unless otherwise exempted pursuant to the provisions of this chapter:

(A) Within 150 yards of the boundaries of any area or building used as a school, day care center, public campground, public trail, public park or church, whether or not occupied;

(B) Within 300 yards of any public or private highway, road or street;

(C) Within 300 yards of any building other than those set out in division (A) above, or any house or dwelling, whether or not occupied, without the prior written consent of the owner or occupant;

(D) Within 300 yards of any corral, paddock, feed yard, dairy barn or other farm building where cattle, horses, sheep or other animals are raised, milked, fed, trained, housed or confined, without the written consent of the owner or occupant of the property;

(E) Where the owner of public or private property has posted signage prohibiting discharge of firearms or BB devices.

(Ord. 2010-72, passed 3-2-2009)

This chapter shall not apply to the following:

(A) The discharging of a firearm or BB device used in lawfully hunting pursuant to a valid hunting license during hunting season, provided that this exemption shall not apply to § 11.25.020 above;

(B) Any peace officer, member of the armed services or animal control officer while acting in the lawful discharge of his or her duties;

(C) Any person in the lawful defense of himself or herself, another person or his or her real or personal property;

(D) Discharging a firearm or BB device in an approved and properly permitted area or at an established shooting, firing or target range, gun or hunting club;

(E) Discharging a firearm in accord with all conditions of a valid depredation permit issued to the shooter by the United States Fish and Wildlife Services or other permitted agency for the control of vectors, and subject to additional conditions imposed by the city to protect public health and safety.

(F) Discharging a firearm to euthanize an injured animal on the person's own property.

(G) Discharging a firearm or BB device (i) outdoors within the boundaries of one's own property, provided that the property is at least one-half acre and there is no violation of § 11.25.020 as to adjacent property; or (ii) at a properly constructed indoor home range on such property;

(H) Paint guns.

(Ord. 2010-72, passed 3-2-2009)

(A) Any person violating any provision of this chapter shall be deemed guilty of an infraction for the first two violations of this chapter unless otherwise prosecuted as a misdemeanor by the City Attorney. Thereafter, the third and any subsequent violation shall constitute a misdemeanor, punishable by a fine not exceeding $1,000 and/or six months in jail. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this chapter occurred.

(B) The provisions of this chapter also may be enforced by administrative citation or any other means legally available to the city. Violation of this chapter shall be a public nuisance.

(Ord. 2010-72, passed 3-2-2009)