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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 01-25-2009, 6:13 PM
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Default what IS the law about discharging firearm within city limits?

never figured it out...
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  #2  
Old 01-25-2009, 6:38 PM
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Originally Posted by Noobert View Post
never figured it out...
If you do it, you'll find out!
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Old 01-25-2009, 7:07 PM
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At the range, as long as it is safe to fire (i.e. no cease fire) and you're shooting down range, it's perfectly legal

Here are the relevant laws for San Jose as found here:

http://sanjose.amlegal.com/nxt/gateway.dll?f=id$id=San%20Jose,%20CA%20Code%20of%2 0Ordinances%3Ar%3A61a5$cid=california$t=altmain-nf.htm$an=JD_10.32.010$3.0#JD_10.32.010

Quote:
10.32.010 Shooting of firearms prohibited - Exceptions.

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 peace officers or soldiers in the discharge of their official duties and while in the exercise of reasonable care; nor to a person using firearms in necessary self-defense; nor to persons conducting a shooting gallery who have first procured a license therefor in accordance with the license ordinance of the city; nor to shooting clubs where such shooting clubs are conducted within a fixed place within the city and in such 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.

(Prior code § 4258a.)
Hope this helps someone.

Turby

Last edited by Turbinator; 10-04-2012 at 1:33 PM..
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  #4  
Old 01-25-2009, 7:09 PM
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According to my Dad in Sacramento it will get you a few days in jail. Some guy coming through the window to rob him for the 3rd time in as many weeks got a taste of a 12ga. The guy ran off, the cops came and even though there was blood around the window he was arrested for discharging with-in Sac. city limits.
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Old 01-25-2009, 7:09 PM
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Check your local ordinances?
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Old 01-25-2009, 7:13 PM
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My neighbor just told me the other day that it is illegal here to fire a 'Projectile' within city limits.
So that rules out pea shooters, airguns, springers and BB guns.

Actually I suppose that prevents the spouse from launching a frying pan across the kitchen.

Been meaning to look into that projectile business with the city.

Vick
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  #7  
Old 01-25-2009, 7:18 PM
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Quote:
Originally Posted by inmyownsummerami View Post
According to my Dad in Sacramento it will get you a few days in jail. Some guy coming through the window to rob him for the 3rd time in as many weeks got a taste of a 12ga. The guy ran off, the cops came and even though there was blood around the window he was arrested for discharging with-in Sac. city limits.
Let me guess, your dad didn't get an attorney and/or you are leaving out some important facts.
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  #8  
Old 01-25-2009, 7:33 PM
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Quote:
Originally Posted by ohsmily View Post
Let me guess, your dad didn't get an attorney and/or you are leaving out some important facts.
It does seem likely, considering...
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  #9  
Old 01-25-2009, 7:37 PM
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Quote:
Originally Posted by ohsmily View Post
Let me guess, your dad didn't get an attorney and/or you are leaving out some important facts.
That's all he told me which is why I said "According to my Dad". Wouldn't surprise me if there was more to the story.
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  #10  
Old 01-26-2009, 10:42 AM
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most places non-firearms (airguns) are o.k. provided the projectile can't leave your property. most ordinances refer to discharge of a firearm.
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  #11  
Old 01-26-2009, 10:51 AM
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Obviously it depends on the city.
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  #12  
Old 01-26-2009, 11:00 AM
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Oh boy!

Easy one, Discharge of a firearm within City limits is a FELONY.

Discharge of a pellet/airgun in my city is a Misdemeanor.
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Old 01-26-2009, 11:02 AM
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Anyone with examples? I"m always tempted to test fire my 22lr rifle in the house (with appropriately barricaded shooting areas, of course). And not that anyone outside could hear it, I'd still like to know if I was lawfully able to do it.
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  #14  
Old 01-26-2009, 11:06 AM
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I believe that incorporated areas are considered "prohibited discharge" areas under state law, and those incorporated areas quite often have their own ordinances also prohibiting discharge of firearms and the local ordinances go further to describe what a firearm is, for purposes of the local ordinance. If the device is described only under a local ordinance, violation is a misdemeanor, at most. Unincorporated areas are not prohibited discharge areas unless a County ordinance says so and describes the area that is designated a "no discharge" area.

Those laws and ordinances generally include a self-defense exemption...

Last edited by CSDGuy; 01-26-2009 at 11:08 AM..
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  #15  
Old 01-26-2009, 11:15 AM
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I used to shoot those Speer plastic bullets in my apartment years ago.

Had a few left and fired them out back at a buddies BBQ recently. Folks were
tripping out firing a real gun with plastic ammo at a cardboard box. Especially
the ladies, surprising how many Annie Oakleys there are hiding out there.
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  #16  
Old 01-26-2009, 11:24 AM
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Question

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Originally Posted by Beelzy View Post
Oh boy!

Easy one, Discharge of a firearm within City limits is a FELONY.

Discharge of a pellet/airgun in my city is a Misdemeanor.
Aren't there any exceptions?

Maybe in self defense?
Maybe it's okay for police to do it.
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  #17  
Old 01-26-2009, 11:27 AM
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It's different for every county and city.

Here are a couple of places you can look up your county/city:

http://municipalcodes.lexisnexis.com/
http://california.lp.findlaw.com/CA0.../municode.html

And your local city might not be there so try doing a google search for "mycity codes" or "mycity ordinances".

And it's not a felony. Usually it's just equivalent to an infraction.
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  #18  
Old 01-26-2009, 12:02 PM
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Quote:
Originally Posted by AaronHorrocks View Post
Aren't there any exceptions?

Maybe in self defense?
Maybe it's okay for police to do it.
There is always an exception (to any law) under the necessity defense. Generally you would have to prove that your (otherwise illegal) actions were justified because more harm would have been done had you not taken them.

Anyways, remember the state law also:

Quote:
246.3. (a) Except as otherwise authorized by law, any person who
willfully discharges a firearm in a grossly negligent manner which
could result in injury or death to a person is guilty of a public
offense and shall be punished by imprisonment in a county jail not
exceeding one year, or by imprisonment in the state prison.
(b) Except as otherwise authorized by law, any person who
willfully discharges a BB device in a grossly negligent manner which
could result in injury or death to a person is guilty of a public
offense and shall be punished by imprisonment in a county jail not
exceeding one year.
(c) As used in this section, "BB device" means any instrument that
expels a projectile, such as a BB or a pellet, through the force of
air pressure, gas pressure, or spring action.
IIRC it's always a felony in LA (municipal reg).
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  #19  
Old 01-26-2009, 12:07 PM
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Default thanks for the links mudcamper

I used to live in a small residential hotel in north beach and had bought a new .22, so I turned the radio up loud and took a couple of shots at some thick phone books.....I even managed to hit them.
;-)
( I do not recommend you follow my example)

SF has a weird law, it is illegal to own bb guns pellet guns etc!
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Old 01-26-2009, 1:27 PM
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No long guns on the valley floor in Antelope Valley, and (Lancaster):

Quote:
Except as otherwise provided in this chapter, a person shall not within the city, shoot any arrow or similar missile or fire, discharge, shoot or operate or assist or participate in the firing, discharging, shooting or operating of any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot, or device designed or intended to discharge or capable of discharging any dangerous missile or any cartridge, shell, ammunition or device containing any explosive substance designed or intended to be used in or fired from any gun, revolver, pistol or firearm. (Prior code § 3-10.6)
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Old 01-26-2009, 1:41 PM
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Kern County:
Quote:
9.20.010 Discharging BB or other projectile device in grossly negligent manner--Punishment--Definitions--Firearms.

A. Except as otherwise authorized by law, any person who willfully or with gross negligence discharges or uses a BB device, bow and arrow device, slingshot or other instrument commonly used or which may be used for propelling or throwing any shot, arrow, rock or other missile in a grossly negligent manner which could result in injury to any person or property is guilty of an infraction and shall be punished by a fine of fifty dollars ($50.00).
B. For purposes of this chapter, the term “BB device” means any instrument that expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun.
C. Discharge of firearms or other dangerous weapons shall continue to be governed by and enforced under state and federal law. (Ord. G-6756 § 3, 2001)

9.20.030 Public parks.

It is unlawful for any person to discharge any firearm, BB device, bow and arrow device, slingshot or other instrument commonly used or which may be used for propelling or throwing any shot, arrow, rock or other missile within or upon the land or water area within the territorial limits of any public or recreational area owned, maintained or operated by the county, except in an area designated for that purpose after approval by the sheriff and the director of parks. (Ord. G-6756 § 4, 2001)
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Old 01-26-2009, 1:41 PM
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I can't even use a slingshot in Vacaville according to our local ordinance.
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Old 01-26-2009, 3:35 PM
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Quote:
Originally Posted by inmyownsummerami View Post
According to my Dad in Sacramento it will get you a few days in jail. Some guy coming through the window to rob him for the 3rd time in as many weeks got a taste of a 12ga. The guy ran off, the cops came and even though there was blood around the window he was arrested for discharging with-in Sac. city limits.
Nahh, I call BS.

The law is "Unlawfully Discharging a Firearm within City Limits" or something to that effect.

Discharging a firearm in self defense (where such force is warranted) is a lawful act, pursuant to the Heller decision, pursuant to the 2A, etc.

How can it be said, that a firearm may be kept for self-defense but may NOT be discharged? Clearly unconstitutional.
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Old 01-26-2009, 5:31 PM
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Quote:
Originally Posted by _Odin_ View Post
Discharging a firearm in self defense (where such force is warranted) is a lawful act, pursuant to the Heller decision, pursuant to the 2A, etc.

How can it be said, that a firearm may be kept for self-defense but may NOT be discharged? Clearly unconstitutional.
While unconstitutional, MANY of the local laws I've read do not provide an exemption for self defense.

Same with state parks that (as far as I know) only provide an exemption for shooting an injured pack animal. (correct me if I'm wrong)
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Old 01-26-2009, 8:31 PM
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Quote:
Originally Posted by Salty View Post
While unconstitutional, MANY of the local laws I've read do not provide an exemption for self defense.

Same with state parks that (as far as I know) only provide an exemption for shooting an injured pack animal. (correct me if I'm wrong)
Read this:

http://www.calgunlaws.com/index.php/...-of-force.html
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Old 01-26-2009, 8:49 PM
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discharge in sd is a misdemeanor. (don't ask!) unless it's changed recently, non firearms are not regulated except where the projectile leaves your property. i.e, a proper backstop for your backyard bb range.
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Old 01-26-2009, 9:27 PM
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Default Sacramento County

In Sacramento County, exclusive of the incorporated Cities: (so much for 'incorporated' discrimination doctrine)

9.40.010 Firearms Defined.
For the purpose of this chapter, "firearms" includes any shotgun, rifle, pistol, revolver, or air gun, and any other weapon of similar use and design. (Ord. 966 § 1, 1968.)

9.40.020 Discharging in Park Unlawful.
It is unlawful for any person to use, fire or discharge any shotgun, rifle, pistol, revolver, air gun, slingshot, or any weapon of any kind or character whatsoever within the boundaries of any public park situated in the County or within a distance of three hundred feet of the boundaries of any public park. (Ord. 966 § 2, 1968.)
9.40.030 Discharging Near Highway or Residence.
It is unlawful for any person to shoot, fire or discharge, or to cause or permit a firearm to be shot, fired, or discharged:
1. Upon, along or across any public highway, road, street or way in the unincorporated area of the County;
2. Within one hundred fifty yards of any dwelling, house or residence, or any other building, barn or other outbuilding used in connection therewith. (Ord. 966 § 3, 1968.)
9.40.050 Permit Required--Notice.
It is unlawful for any person to shoot, fire, or discharge any firearms within the restricted shooting district except pursuant to a valid special permit issued pursuant to this chapter.
b. The director of the Department of Public Works shall post a sufficient number of notices in conspicuous places throughout the restricted shooting district warning of the requirements of this section. (Ord. 966 § 6, 1968.)

9.40.060 Restricted Shooting District.
A very long legal description that describes nearly every square foot of area in the County, exclusive of a very rural and small strip along the easterly boundary.

9.40.070 Peace Officer. {the exception hidden under a title that might be overlooked}

The prohibitions of this chapter do not apply when the use of a firearm is necessary for the protection of life or property or to a peace officer acting in the performance of his duties. (Ord. 966 § 8, 1968.)

9.40.080 Target Range--Shooting Gallery.

The prohibitions of this chapter do not apply to the establishment or maintenance of any pistol, rifle, target range or shooting gallery, nor to the discharge at any target thereon, by any person using such range or shooting gallery, of any rifle, shotgun, pistol, revolver, air gun, or bow and arrow in or on such range or shooting gallery; provided that such range or shooting gallery complies with the County’s basic zoning ordinance and is so installed, constructed, safeguarded, equipped and used as to adequately prevent any bullet, shot, or missile from being projected beyond the confines of such range or shooting gallery. (Ord. 966 § 9, 1968.)

So I can see a lot of County residents establishing target range or shooting gallery.
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Old 01-26-2009, 10:00 PM
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Quote:
Originally Posted by Beelzy View Post
...Easy one, Discharge of a firearm within City limits is a FELONY...
Do you have a citation? To my knowledge, locality ordinances can only create infractions and misdemeanors. I am aware of no statute making discharge a felony within city limits...
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It's been more than 50 years since the US Supreme Court declared it unconstitutional to require a test and a tax for people to exercise their right to vote. Why is my right to carry a gun any different? I don't want a permission slip from a bureaucrat; I don't want to pay a tax or take a test. "Shall issue" is NOT good enough.
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Old 01-27-2009, 12:22 PM
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Quote:
Originally Posted by otteray View Post
Good link! But my point was that many local laws more or less say "no shooting in town, period".
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