Tiburon Municipal Code Art. III Restrictions on the Use of Air Rifles and Other Firearms

(a) It is unlawful for any person to discharge an air rifle within five hundred feet of any structure or street.

(b) The provisions of this section shall not be applicable to the following:

(1) When such person is in the immediate charge and presence of a parent, guardian or adult person having responsibility for the conduct of such person.

(2) When such person is lawfully hunting pursuant to the provisions of the Fish and Game Code of the state, and has in his possession a valid hunting license issued as prescribed in such code.

(3) When the discharge occurs at a bona fide shooting gallery, target range, gun club, educational institution or military institution, organized, operated and supervised by adult personnel.

(4) When such person is engaged in the necessary defense of his person or property.

(c) Any air rifle discharged in violation of this section shall be deemed a public nuisance and shall by surrendered immediately to the chief of police. Annually, the chief of police shall destroy or cause to be destroyed such air rifles unless the town council shall, by resolution, provide for the disposal of such air rifles in some other lawful manner.

(d) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(1) "Air rifle" means any air rifle, B-B gun, air pistol or air gun, or similar instrument, from or by means of which any bullet, shot, B-B or similar missile may be projected.

(2) "Person" means one under the age of eighteen years.

(3) "Street" means any state highway, county highway, city street or public roadway used by the public or available to the public for use.

(4) "Structure" means any building, residential or otherwise, used, normally used or available for use by human beings for purposes of inhabitation of business.

(Ord. No. 52, §§ 1, 2, 3, 5; Ord. No. 453 N.S., § 2 (part))

(a) No person shall discharge any firearm within the city.

(b) No person shall possess any firearm on or upon any lands belonging to or occupied by another unless he has in his possession the written permission of the owner of such lands or his agent or person in lawful possession thereof.

(c) The provisions of this section shall not apply to the following:

(1) Any peace officer or person summoned by peace officers to assist in making an arrest or in preserving the peace, or to any person who is a member of the armed services of the United States, the National Guard or the State Guard, or to any person employed by the county, state or by the United States to destroy predatory animals, birds or pests, while such persons are acting in a lawful discharge of their duties.

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

(3) Members of any bona fide club or organization organized for the principal purpose of practicing shooting at targets upon established target ranges, while such members are using any firearm upon such target ranges, or while going to or coming from such ranges. Nothing in this section shall be deemed to authorize the use of any property in the town as a target range without the specific approval of the town council.

(4) Licensed hunters while going to or returning from a hunting expedition.

(d) Any firearm discharged or possessed in violation of this section shall be deemed a public nuisance and shall be surrendered immediately to the chief of police. Annually, the chief of police shall destroy or cause to be destroyed such firearms unless the town council shall by resolution provide for the disposal of such firearms in some other lawful manner.

(e) For the purposes of this section, the term "firearm" means any gun, pistol, revolver, rifle, automatic pistol or rifle, shotgun or any other weapon of a similar nature. The term "firearm" shall not mean "air rifle," "B-B gun," "air pistol" or "air gun," or similar instrument from or by which any bullet, shot, B-B or similar missile may be projected.

(Ord. No. 53, §§ 1 to 4, 7; Ord. No. 453 N.S., § 2 (part))