San Jose Municipal Code Part 1 Discharging Firearms

Footnotes:

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State Law reference— For statutory provisions on the discharge of firearms, see Penal Code § 246.

A. No person shall fire or discharge, or cause to be fired or discharged within the limits of the city any cannon, anvil, gun, pistol or other firearm, except as hereinafter provided.

B. The foregoing provisions as to the use of firearms shall not apply to:

1. Peace officers or soldiers in the discharge of their official duties and while in the exercise of reasonable care;

2. City employees or contract biologists who have been trained to use and discharge firearms as necessary to implement an airport wildlife hazard management program within the perimeter of the Norman Y. Mineta San José International Airport;

3. A person using firearms in necessary self-defense;

4. Persons conducting a shooting gallery who have first procured a license therefor in accordance with the license ordinance of the city; and

5. Shooting clubs where such shooting clubs are conducted within a fixed place within the city and in such a manner that there is no danger to any person whatsoever, provided such shooting club first secured permission from the city manager to conduct the same.

C. The prohibition against the discharge of firearms within city limits shall not apply to a person conducting wild pig depredation in compliance with all of the following requirements:

1. Non-lethal or less-lethal measures were taken to prevent property damage caused by one or more wild pigs prior to requesting the issuance of a wild pig depredation permit from the California Department of Fish and Wildlife, or the department of fish and wildlife has determined that non-lethal or less lethal measures were not feasible;

2. Possession of and compliance with the requirements of a wild pig depredation permit duly issued and approved by the California Department of Fish and Wildlife pursuant to California Fish and Game Code Section 4181 et seq., and Section 401 of Title 14 of the California Code of Regulations, as may be amended;

3. Notice of the intent to discharge a firearm, and the location within the city limits is provided to the San José Police Department at one hour before discharge of the firearm; and

4. The discharge of the firearm in connection with the depredation of a wild pig occurs while the wild pig is contained in a trap.

(Prior code § 4258a; Ords. 29183, 29336, 29377, 29532.)