View Full Version : BB and Pellet Gun exception laws and Codes

01-06-2009, 2:06 PM
I have seen the topic about shooting (discharging) BB and Pellet gun in the city come up more than once. So I thought I would start a topic with specific references to the exceptions allowed in city limits.

Add your local areas in as you find them.

Here is the specific reference for the City Of Pacifica:

Pacifica, CA Municipal Code (http://municipalcodes.lexisnexis.com/codes/pacifica/maintoc.htm),
TITLE 5 PUBLIC WELFARE, MORALS, AND CONDUCT (http://municipalcodes.lexisnexis.com/codes/pacifica/_DATA/TITLE05/index.html),
CHAPTER 14 WEAPONS, HUNTING, AND TRAPPING (http://municipalcodes.lexisnexis.com/codes/pacifica/_DATA/TITLE05/_CHAPTER_14_WEAPONS__HUNTING__AND_/index.html),
Sec. 5-14.03. Firearms: Discharging: Exceptions. (http://municipalcodes.lexisnexis.com/codes/pacifica/_DATA/TITLE05/_CHAPTER_14_WEAPONS__HUNTING__AND_/Sec__5_14_03__Firearms__Discha.html)

Sec. 5-14.03. Firearms: Discharging: Exceptions.
The provisions of Section 5-14.02 of this chapter shall not apply to any of the following:
(a) Sheriffs, constables, marshals, policemen, or other peace officers, or persons summoned by any such officers to assist in making arrests or preserving the peace, or persons who are members of the armed services of the United States or the National Guard while such persons are acting in the lawful discharge of their duties;
(b) Persons using firearms in the lawful defense of self, third persons, or the user’s property; and
(c) Persons discharging or firing firearms, or causing them to be discharged or fired, at a regularly established firing, shooting, or target range, for which a use permit issued by the City is in effect, with the consent of the owner and/or person in charge of any such firing, shooting, or target range. For the purposes of this subsection, “regularly established firing, shooting, or target range” shall include properly constructed indoor and/or outdoor home ranges on private property when such ranges are supervised by an adult.
(§ 3, Ord. 45, as amended by § 1, Ord. 68, and § 3, Ord. 307)

01-06-2009, 3:42 PM
Note that that Ordinance requires that you are issued a "Use" permit in order to have the range.

01-06-2009, 4:32 PM
First off, is a pellet or BB gun by definition a firearms? I thought they are air rifle or air guns.

01-06-2009, 4:37 PM
First off, is a pellet or BB gun by definition a firearms? I thought they are air rifle or air guns.

Some cities have included them in their definition of firearms or "dangerous weapons" so that codes that prohibit the discharge of a firearm include air guns, BB, pellet, Air Soft, etc.

Others explicitly include them, for example, Costa Mesa municipal code states:

Sec. 11-14. Discharge of weapons.
It is hereby declared unlawful for any person, other than a peace officer acting in his official line of duty, to shoot, fire or discharge, or for any person to cause or permit to be shot, fired or discharged within the corporate limits of the city, any rifle, shotgun, pistol, revolver or other firearm, or any air gun, air pistol or air rifle, or any other weapon which emits a projectile as a result of pressure exerted at the breech, except when it may be necessary to do so to protect life or property, or to destroy or kill any predatory or dangerous animal, unless said person shall have first obtained permission in writing to do so from the chief of police.
(Code 1960, § 3275)

01-06-2009, 10:13 PM
La Mirada

http://www.amlegal.com/nxt/gateway.dll/California/lamirada_ca/title9publicpeacemoralsandsafety*/chapter936dischargingofweapons?f=templates$fn=altm ain-nf.htm$q
9.36.010 Discharge of weapons prohibited.

It is unlawful to fire or discharge, or cause to be fired or discharged within the city limits, any firearm, rifle, pistol, shotgun, cannon, air rifle, air gun, b.b. gun, pellet gun, gas operated gun, spring gun, slingshot, bow, crossbow, or any other weapon designed to discharge or propel any projectile capable of causing injury; provided, however, the provisions of this section shall not apply to:
(1) Peace officers when acting in the line of duty;
(2) Persons otherwise lawfully acting to protect life or property;
(3) Persons so discharging in or upon an educational institution as a curricular activity or a business establishment licensed by the city for such purposes; or
(4) Any person who has obtained a permit from the city council to discharge one of the above-referenced instruments for a business purpose in an area zoned M-1.

In issuing any such permit or permits, the city council shall designate the particular location in the M-1 zone where such discharge is allowed, the period of time during which such discharge is allowed and the specific business purpose for which such discharge is allowed. The city council may further condition any such permit to provide additional protection of the public health, safety and welfare.

(Ord. 418 § 1, 1988; Ord. 417 § 2 (part), 1988).
9.36.020 Penalty for violation.

It is unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership, or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter.

(Ord. 417 § 2 (part), 1988).

http://www.amlegal.com/nxt/gateway.dll/California/lamirada_ca/title9publicpeacemoralsandsafety*/chapter942threatswithreplicafirearms?f=templates$f n=altmain-nf.htm$q
9.42.010 Replica firearms and firearms--Definitions.

As used in this chapter, the term "replica firearm" includes any device or object made of plastic, wood, metal or any other material, which is a facsimile or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm including, but not limited to, any firearm as that term is used in the Dangerous Weapons Control Law, Chapter 1 of Title 2 of the California Penal Code, including California Penal Code Section 12001, 12001.5 or 12020. The term "firearm" shall also include air rifles, pellet guns and/or BB guns.

(Ord. 491 § 12, 1995; Ord. 405 § 1 (part), 1987).
9.42.020 Unlawful acts.

Every person who, except in self defense, in the presence of any other person, draws, exhibits or brandishes a replica firearm or who simulates a firearm in a rude, angry and threatening manner, or who in any manner unlawfully uses the same in any fight or quarrel and causes the victim to reasonably believe that the person is actually in possession of an operable firearm is guilty of a misdemeanor.

(Ord. 405 § 1 (part), 1987).

01-07-2009, 12:55 AM
South City.

10.56.010 Within city prohibited.

It is unlawful for any person or persons, within the city limits to discharge any pistol, revolver, gun, rifle (of any caliber), cannon, anvil or any other firearm, and also any air gun, B-B gun, blow gun, slingshot, bow or any instrument of any kind, character or description which throws or projects bullets, pellets or missiles of any kind to any distance, by means of powder or any explosive substance or by means of the elastic force of air, rubber or steel springs, or by any other means; or in any manner to use the same to the danger or annoyance of any person or injury to property except in lawful defense of a person or persons or of property. (Ord. 360 § 1, 1955)