DaKnife wrote:If you go to the actual city website the press release states as a reminder "the city prohibits the discharge of firearms" not the use. Use is too generic a term. Further the prohibition on discharge is not new, nor is it uncommon, and legal defensive use of a weapon is considered a valid defense against the charge. Again as is commonly found in nearly every city code in the state. Not an issue at all.
City Press Statement
LInk to PDF of relevant section of the city code, see pg 7 Note that entire section of code has been untouched since 2009, so nothing new. Though I do think their use of a projectile weapon code is too broad.
21-4-104. USE OF A PROJECTILE WEAPON.
(1) "Firearm" means a pistol, revolver, shotgun, sawed off shotgun, rifle, sawed off rifle, or any other weapon using an explosion.
(2) Within the boundaries of the City, it shall be unlawful for any person to release, discharge, or shoot:
a. a firearm;
b. a BB gun;
c. a pellet gun;
d. a bow and arrow;
e. a crossbow;
f. a paint ball gun;
g. a wrist rocket, or
h. any other device which:
i. uses an explosion, compressed air, or return spring action to send an object through the air; and
ii. causes or creates a substantial risk of bodily injury to another.
(3) It shall be a defense if the person:
a. is acting in self defense, or the defense of another;
b. is a peace officer or ordinance enforcement officer acting in the discharge of the officer's duty;
c. is acting under specified conditions at an approved archery, gun, or paint ball gaming range; or
d. is a licensed and professional slaughterer involved in the lawful performance of those duties in conforming or nonconforming agricultural zones.
(4) A violation of this Section is a class B misdemeanor.
Stang777 wrote:I don't think Lee Kay is in WVC.
As to indoor shooting ranges that are located within WVC, or any other city, I don't think the law against shooting applies. I believe there is an exemption from the law for shooting on ranges, not just a defense that can be used after being charged, but I cannot site the law and I could be wrong.
(4) This section does not apply to a person who:
(a) discharges any kind of firearm when that person is in lawful defense of self or others;
(b) is performing official duties as provided in Sections 23-20-1.5 and 76-10-523 and as otherwise provided by law; or
(c) discharges a dangerous weapon or firearm from an automobile or other vehicle, if:
(i) the discharge occurs at a firing range or training ground;
(ii) at no time after the discharge does the projectile that is discharged cross over or stop at a location other than within the boundaries of the firing range or training ground described in Subsection (4)(c)(i);
(iii) the discharge is made as practice or training for a lawful purpose;
(iv) the discharge and the location, time, and manner of the discharge are approved by the owner or operator of the firing range or training ground prior to the discharge; and
(v) the discharge is not made in violation of Subsection (1).
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