Milpitas Municipal Code Ch. 14 Discharge of Firearms

It shall be unlawful to discharge or shoot a firearm, cross-bow, bow and arrow or slingshot within the limits of the City of Milpitas except as hereafter provided.

(Ord. 155 (part), 5/5/70)

The provisions of this Chapter shall not apply to discharge or shooting of a firearm:

By a peace officer in the performance of his duties or in the course of his training.

(Ord. 155 (part), 5/5/70)

Guards or messengers of common carriers, banks or other financial institutions while actually employed in and about the shipment, transportation or delivery of any money, treasure, bullion, bonds or other things of value.

(Ord. 155 (part), 5/5/70)

Members of the military forces of this State or of the United States engaged in the performance of their duty.

(Ord. 155 (part), 5/5/70)

Private investigators, private patrol operators and operators of a private patrol service who are licensed pursuant to the Business and Professions Code of the State of California, and while acting within the course and scope of their employment.

(Ord. 155 (part), 5/5/70)

Uniform security guards, regularly employed and compensated as such by persons engaged in any lawful business, while actually engaged in protecting and preserving the property of their employers.

(Ord. 155 (part), 5/5/70)

Building guards and night watchmen employed by any public agency while acting within the scope and in the course of their employment.

(Ord. 155 (part), 5/5/70)

Animal control officers, regularly compensated as such by a governmental agency when acting in the course and scope of their employment.

(Ord. 155 (part), 5/5/70)

Humane officers authorized to carry weapons pursuant to Section 607f of the Civil Code of the State of California while actually engaged in the performance of their duty pursuant to such section.

(Ord. 155 (part), 5/5/70)

The provisions of this Chapter shall not apply to:

The discharge or shooting of a firearm, cross-bow, bow and arrow or slingshot at a target range or practice range authorized and operated with written permission of the Chief of Police.

(Ord. 155 (part), 5/5/70)

The discharge or shooting of a firearm, cross-bow, bow and arrow or slingshot at a demonstration or exhibition authorized and operated with written permission of the Chief of Police.

(Ord. 155 (part), 5/5/70)

The discharge or shooting of a firearm, cross-bow, bow and arrow or slingshot under circumstances prohibited by either State law or Federal law.

(Ord. 155 (part), 5/5/70)

The discharge or shooting of a firearm under circumstances where it would otherwise be lawful, by a person who reasonably believes that the person or property of himself or another is in immediate danger and that the discharge or shooting of said weapon is necessary for the preservation of said person or property.

(Ord. 155 (part), 5/5/70)

The discharge or shooting of a firearm under circumstances where it would otherwise be lawful, by a person while engaged in the act or making or attempting to make a lawful arrest.

(Ord. 155 (part), 5/5/70)

The term "firearm" as used herein includes, but is not limited to, any rifle, pistol, revolver, shotgun, air gun, BB gun or other type of gun from which a shell, shot, pellet, cartridge, bullet or other projectile is propelled by any force including, but not limited to, air, gas, explosion, spring, elasticity or leverage.

(Ord. 155 (part), 5/5/70)

If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter. The legislative body hereby declares that it would have passed this Chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

(Ord. 155 (part), 5/5/70)