Chapter 9.34 — DISCHARGE OF FIREARMS

No person shall discharge upon any public street or in any public place in the City, any gun by means of which any missile is projected by means of a spring, bow or compressed air. (Ord. 3763 §2, 1975)

It is unlawful to discharge any firearm of any description in the City of Santa Barbara; provided, that this section shall not be construed to prohibit:

• A. Any Peace Officer or other person duly constituted and authorized by law to discharge a firearm when lawfully defending person or property; nor

• B. Any citizen to discharge a firearm within any building or structure expressly constructed for and commonly used as a rifle or pistol range; and provided further, that any person desiring to operate any mechanical amusement device, which in its operation involves the discharge of any firearm, shall apply to the City Council in writing for such authorization.

• (Ord. 3763 §2, 1975)

• A. A firearm of any nature used in violation of Section 9.34.020 is, upon a conviction of the defendant, or upon a plea of no contest or guilty to the violation, or upon voluntary payment of the bail or fine by the defendant without an appearance in court, or upon a juvenile court finding that the offense which would be a violation of Section 9.34.020 if committed by an adult was committed by a juvenile, a nuisance. A finding that the defendant was guilty of a violation of Section 9.34.020 but was insane at the time the offense was committed is a conviction for the purposes of this section.

• B. A firearm determined to be a nuisance pursuant to the provisions of subsection A of this section shall be destroyed or sold at public auction in accordance with the provisions of California Penal Code Section 12028.

• (Ord. 4464, 1987; Ord. 4908, 1995)