Milpitas Municipal Code Ch. 10 Air Guns

The City Council of the City of Milpitas finds and declares that persons have and now are damaging or destroying public and private property through the use of various types of air guns, gas operated guns, pellet guns, BB guns or spring guns. Such weapons are often used indiscriminately by minors who have not and are not trained or supervised in the use of firearms and in necessary safety precautions or who lack sufficient experience to recognize the danger of the improper use of such weapons. Such weapons are often treated by the users as toys and are discharged near dwellings or places where other children or adults may be present, endangering eyesight or occasioning risks of other personal injury. Home and school windows, signs and street lights are used for target practice. The Council finds and declares that the possession or use of such weapons is a public nuisance. The Council finds and declares that the effective control of such weapons requires the prohibition of their possession or use, except as hereinafter provided, and requires regulations authorizing police officers of the City to impound such weapons when used or possessed in violation of this Chapter.

(Ord. 89 (part), 12/12/60)

The term "air gun" as used in this Chapter includes, but is not limited to, any gas operated or air operated gun or rifle, BB or pellet gun or rifle, spring gun or rifle, or any other weapon of the same class. It shall not include toys incapable of harming either persons or property, such as water pistols, pop guns or cap guns which do not expel a pellet or a missile.

(Ord. 89 (part), 12/12/60)

Except as hereinafter provided, it shall be unlawful for any person to possess or use any air gun within the City Limits of the City of Milpitas.

(Ord. 89 (part), 12/12/60)

The provisions of this Chapter shall not apply:

To the possession of an air gun by any person while in his domicile.

(Ord. 89 (part), 12/12/60)

To the possession of an air gun by any person conveying it to or from his domicile and (a) the place where said air gun was purchased or was or will be repaired and while at said place of repair, (b) outside the City limits, and (c) at a target range approved by the Chief of Police.

(Ord. 89.2, 8/6/85)

To the possession thereof while in the ordinary course of business of an air gun by a retail or wholesale merchant.

(Ord. 89 (part), 12/12/60)

To any police officer in the discharge of his duties.

(Ord. 89 (part), 12/12/60)

To the possession or use of an air gun at a target range approved by the Chief of Police.

(Ord. 89.2, 8/6/85)

Any police officer shall be empowered to summarily abate as a public nuisance the unlawful possession or use of any air gun by taking said air gun from the person violating the provisions of this Chapter and impounding it. All air guns impounded under the provisions of this Chapter shall be retained, destroyed or disposed of in accordance with the provisions of Section 12028 of the Penal Code of the State of California.

(Ord. 89 (part), 12/12/60)

Any person violating any provision of this Chapter shall be guilty of an infraction under Section I-1-4.09-1 of the Milpitas Municipal Code and shall be punished as therein provided. Each day such a violation continues shall be regarded as a new and separate infraction.

(Ord. 89.2, 8/6/85)

At any time within 30 days of the confiscation of an air gun by a police officer pursuant to Section V-10-7 of this Chapter, the owner of said air gun may request a hearing before the City Manager or his designee, seeking the return of said air gun. The City Manager or his designee shall be authorized to return said air gun to the owner upon satisfactory proof that: (a) the owner did not authorize or permit the unlawful use of said air gun or (b) the owner of said air gun was a minor who did not know at the time of said unlawful possession or use of the provisions of this Chapter, (c) for other just cause, and (d) in any event, that the return of the air gun is not likely to lead to a subsequent violation of this Chapter. Reasonable conditions to prevent the unlawful possession or use of said air gun may be imposed as a condition of its return. The decision of the City Manager or his designee shall be subject to appeal to the City Council under the provisions of Section I-20-5 of the Milpitas Municipal Code.

(Ord. 89.2, 8/6/85)

11.01 Any person selling or leasing an air gun within the City:

a. shall have posted at the point of sale in a conspicuous location a sign with a length of not less than 14 inches and a height of not less than 14 inches, clearly printed with letters of not less than ¼ inch in height as follows:

WARNING

USE OF AIR GUNS IN THE CITY OF MILPITAS IS STRICTLY REGULATED BY LAW. BEFORE USING YOUR AIR GUN, PLEASE OBTAIN A COPY OF CHAPTER 10, TITLE V OF THE MILPITAS MUNICIPAL CODE AT THE POLICE DEPARTMENT, CITY HALL, MILPITAS

OR

b. shall deliver a legible copy of the above described warning to the buyer or lessee of said air gun.

11.02 In addition to such other remedies as are herein provided or as allowed by law for violation of this Chapter, the failure of any seller or lessor of an air gun to comply with this Section shall be grounds for rescission of the sale or lease of said air gun.

11.03 It shall be a defense to any action for rescission hereunder to produce a copy of the above-described warning, signed and dated by the buyer or lessee.

(Ord. 89.3, 12/17/85)