Legislation # 07-0161 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 3/28/2007
Title AN ORDINANCE TO AMEND CHAPTER 40, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “WEAPONS.”
 
Legislation History 07-0161
DateNotice Of ActionDescription
3/30/2007 Moved to approve consent agenda items 2 through 6 on first and final reading.
3/30/2007 Moved to waive second reading on consent agenda items 2 through 6.
3/15/2007 Received By Clerk's Office
 
View Attachments 07-0161
FileTypeSizeDescription
Chapter 40 Redline.DOC Other 63K Chapter 40 Redline Version
 
Legislation Text 07-0161

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0161

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 40, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED WEAPONS.

 

 

Chapter 40

 

WEAPONS*

__________

* Charter References: Authority of city to adopt ordinances paralleling state misdemeanor statutes, 2.01c.

Cross References: License tax on pistol dealers, 18-84.

__________

 

Article I. In General

Sec. 40-1. Carrying concealed weapons.

Sec. 40-2. Throwing missiles.

Sec. 40-3. Sale, delivery, etc., of blackjacks, metal knucks, switchblade knives or

similar weapons.

Sec. 40-4. Selling or furnishing certain weapons to minors.

Sec. 40-5. Investigation and fee imposed on applicants for concealed handgun

permits.

Secs. 40-6--40-14. Reserved.

 

Article II. Firearms, Air Guns, Spring Guns and Similar Implements

Sec. 40-15. Reserved.

Sec. 40-16. Possession by certain minors.

Sec. 40-16.1. Discharge of rifle, pistol or shotgun loaded with slugs.

Sec. 40-17. Discharge near dwelling, occupied structure or street.

Sec. 40-18. Discharge or hunting prohibited.

Sec. 40-19. Reserved.

Sec. 40-20. Discharge over bodies of water.

Sec. 40-21. Pointing or brandishing firearm.

Sec. 40-22. Exceptions from article.

 

ARTICLE I.

 

IN GENERAL

 

Sec. 40-1. Carrying concealed weapons.

 

A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.

B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.

Except as provided in Code of Virginia, 18.2-308(J1), this section shall not apply to:

1. Any person while in his own place of business;

2. Any law-enforcement officer, wherever such law-enforcement officer may travel in the Commonwealth;

3. Any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;

4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;

5. Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;

6. Any person actually engaged in lawful hunting, as authorized by the Board of Game and Inland Fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions, provided that possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit; and

7. Any State Police officer retired from the Department of State Police, any local law-enforcement officer, auxiliary police officer or animal control officer retired from a police department or sheriff's office within the Commonwealth, any special agent retired from the State Corporation Commission or the Alcoholic Beverage Control Board, any game warden retired from the Department of Game and Inland Fisheries, and any Virginia Marine Police officer retired from the Law Enforcement Division of the Virginia Marine Resources Commission, other than an officer or agent terminated for cause, (i) with a service-related disability; (ii) following at least 15 years of service with any such law-enforcement agency, board or any combination thereof; or (iii) who has reached 55 years of age, provided such officer carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law-enforcement officer of the last such agency from which the officer retired or, in the case of special agents, issued by the State Corporation Commission or the Alcoholic Beverage Control Board. A copy of the proof of consultation and favorable review shall be forwarded by the chief or the Board to the Department of State Police for entry into the Virginia Criminal Information Network. The chief law-enforcement officer shall not without cause withhold such written proof if the retired law-enforcement officer otherwise meets the requirements of this section.

For purposes of applying the reciprocity provisions of Code of Virginia, 18.2-308(P), any person granted the privilege to carry a concealed handgun pursuant to this subdivision, while carrying the proof of consultation and favorable review required, shall be deemed to have been issued a concealed handgun permit.

C. This section shall also not apply to any of the following individuals while in the discharge of their official duties, or while in transit to or from such duties:

1. Carriers of the United States mail;

2. Officers or guards of any state correctional institution;

3. Conservators of the peace, except that the following conservators of the peace shall not be permitted to carry a concealed handgun without obtaining a permit as provided in Code of Virginia, 18.2-308(D): (a) notaries public; (b) registrars; (c) drivers, operators or other persons in charge of any motor vehicle carrier of passengers for hire; or (d) commissioners in chancery;

4. Noncustodial employees of the Department of Corrections designated to carry weapons by the Director of the Department of Corrections pursuant to Code of Virginia, 53.1- 29; and

5. Harbormaster of the City of Hopewell.
(Ord. No. 601, 12-13-78; Code 1964, 27.1-52)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Similar provisions and authority of circuit court to issue permit to carry concealed weapon, Code of Virginia, 18.2-308.

 

Sec. 40-2. Throwing missiles.

 

It shall be unlawful and a Class 1 misdemeanor for any person to throw any missile of any kind at any person or property, with the intent to injure any person or property.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-54)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 40-3. Sale, delivery, etc., of blackjacks, metal knucks, switchblade knives or similar weapons.

 

If any person sells or barters, or exhibits for sale or for barter, or gives or furnishes, or causes to be sold, bartered, given or furnished, or has in his possession, or under his control, with the intent of selling, bartering, giving or furnishing, any blackjack, brass or metal knucks, any disc of whatever configuration having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, switchblade knife, ballistic knife, or like weapons, such person shall be guilty of a Class 4 misdemeanor. The having in one's possession of any such weapon shall be prima facie evidence, except in the case of a conservator of the peace, of his intent to sell, barter, give or furnish the same.
(Ord. No. 601, 12-13-78; Code 1964, 27.1-55)

Cross References: Penalty for Class 4 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-311.

 

Sec. 40-4. Selling or furnishing certain weapons to minors.

 

If any person sells, barters, gives or furnishes, or causes to be sold, bartered, given or furnished, to any minor a dirk, switchblade knife or bowie knife, having good cause to believe him to be a minor, such person shall be guilty of a Class 1 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-56; Ord. No. 771, 4-11-84; Ord. No. 1107, 10-13-93)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-309(A).

 

Sec. 40-5. Investigation and fee imposed on applicants for concealed handgun permits.

 

Any resident of the city (or any member of the United States armed forces whose domicile is the city) twenty-one (21) years of age or older may apply in writing to the clerk of the circuit court for a permit to carry a concealed handgun. The application shall be made on a form that complies with the requirements of applicable state law. Applicants for concealed handgun permits shall submit to fingerprinting. Said fingerprints will be processed through the Virginia State Police for the purpose of obtaining a national criminal history record check to determine the applicant's suitability for a concealed handgun permit. A fee, as determined by applicable state law, shall be collected for processing the application. Any person denied a permit to carry a concealed weapon may present a petition for review in accordance with the Code of Virginia, 1950, as amended.

(Ord. No. 1147, 8-9-95; Ord. No. 1190, 7-9-97)

 

Secs. 40-6--40-14. Reserved.

 

ARTICLE II.

 

FIREARMS, AIR GUNS, SPRING GUNS AND SIMILAR IMPLEMENTS

 

Sec. 40-15. Reserved.

Editors Note: Ord. No. 1107, adopted Oct. 13, 1993, repealed 40-15, pertaining to possession of loaded firearms by certain minors and derived from Ord. No. 1075, adopted Jan. 27, 1993.

 

Sec. 40-16. Possession by certain minors.

 

(a) It shall be unlawful for any person under the age of fourteen (14) years to have in his possession any air gun, spring gun, pellet gun or similar implement, unless such person under the age of fourteen (14) years is accompanied by his parent, guardian or other capable adult.

 

(b) A violation of this section shall be punishable by a fine of not more than one hundred dollars ($100.00), and the air gun, spring gun, pellet gun or similar implement possessed in violation hereof may be confiscated by the court.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-58; Ord. No. 1074, 1-27-93; Ord. No. 1107, 10-13-93)

 

Sec. 40-16.1. Discharge of rifle, pistol or shotgun loaded with slugs.

 

(a) The discharge or use of a rifle, pistol or shotgun loaded with slugs is hereby prohibited within the city limits.

 

(b) A violation of this section shall constitute a Class 1 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-59; Ord. No. 731, 9-8-82)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Authority of city to prohibit discharge of firearms, Code of Virginia, 15.2-1113.

 

Sec. 40-17. Discharge near dwelling, occupied structure or street.

 

It shall be unlawful for any person to discharge shots, bullets, pellets or any similar thing from a firearm, air gun, spring gun, pellet gun or similar implement within five hundred (500) feet of any dwelling or occupied structure or any street, alley or other public way in the city. Violation of this section shall constitute a Class 1 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-57)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Authority of city to regulate or prohibit discharge of firearms, Code of Virginia, 15.2-1113; discharging firearms in streets or other public places, Code of Virginia, 18.2-280, 18.2-286.

 

Sec. 40-18. Discharge or hunting prohibited.

 

(a) The discharge or use of a firearm including a shotgun loaded with shot, air gun, spring gun, pellet gun or other weapon within the city limits is hereby prohibited, except as provided in subsections 40-18(b) and (c), 40-20 and 40-22.

 

(b) Hunting within the city limits is hereby prohibited, except as provided in section 40-20 or when such hunting takes place pursuant to a permit for controlled wildlife reduction issued by the Virginia Department of Game and Inland Fisheries. Such hunting may also be subject to review by the city manager. Such review may include but not be limited to, the area in which weapons may be discharged, the caliber of the weapons to be used and the days and hours such hunting shall occur.

 

(c) Discharge or use of a shotgun loaded with shot, air gun, spring gun, pellet gun or other weapon within the city limits may be permitted, by designated persons for animal control purposes where the chief of police has found that such is necessary for the health, safety and welfare of the citizens and the action has been reviewed and approved in writing by the chief of police.

 

(d) A violation of this section shall constitute a Class 1 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-59; Ord. No. 731, 9-8-82; Ord. No. 924, 1-25-89; Ord. No. 1200, 12-10-97; Ord. No. 1271, 2-23-00; Ord. No. 1283, 7-19-00)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 40-19. Reserved.

Editors Note: Ord. No. 925, adopted Jan. 25, 1989, repealed 40-19, which pertained to discharge regulated in certain areas and derived from Ord. No. 601, adopted Dec. 13, 1978; Code 1964, 27.1-59 and Ord. No. 731, adopted Sept. 8, 1982.

 

Sec. 40-20. Discharge over bodies of water.

 

(a) The discharge or use of a firearm, air gun, spring gun, pellet gun or similar implement over bodies of water within the jurisdiction of the city is prohibited, except from blinds licensed by the commonwealth. The discharge or use of a rifle or pistol or a shotgun while loaded with slugs from such licensed blinds is prohibited. Further, no firearm, other than a shotgun loaded with shot not heavier than double ought buckshot, shall be discharged from such blind and no shot shall be discharged landward within five hundred (500) feet of the shoreline.

 

(b) A violation of this section shall constitute a Class 1 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-59; Ord. No. 731, 9-8-82)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 40-21. Pointing or brandishing firearm.

 

(a) It shall be unlawful and a Class 1 misdemeanor for any person to point or brandish any firearm, or any object similar in appearance to a firearm, whether capable of being fired or not, in such a manner as to reasonably induce fear in the mind of another.

 

(b) Any police officer, in the performance of his duty in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested, if he had reason to believe that the person being arrested was pointing or brandishing a firearm, or object similar in appearance to a firearm, with intent to induce fear in the mind of another.

 

(c) For the purposes of this section, the word "firearm" shall mean any weapon in which ammunition may be used or discharged by explosion or pneumatic pressure. The word "ammunition", as used herein, shall mean cartridge, pellet, ball, missile or projectile adapted for use in a firearm.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-53)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 40-22. Exceptions from article.

 

(a) Nothing in this article shall be construed to prohibit the following:

 

(1) The discharge of firearms by law enforcement and military personnel as part of authorized training or in the performance of their duties or the discharge of any firearm by any other person whose said willful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law.

 

(2) The discharge of firearms upon a gunnery range or shooting gallery.

 

(3) The discharge of firearms at a shooting event, a permit for which has been obtained from the chief of police by the sponsor of such event.

 

(b) In granting a permit for any event referred to in subsection (a)(3) above, the chief of police shall use the following guidelines and grant no permit until assured that each and every requirement below will be met:

 

(1) The event is in a location sufficiently remote as to impose no threat to life, limb or property located in, on or near any structure, building, house, street, alley or public way.

 

(2) That the direction of any discharge will be such that it will impose no threat, either actual or remote, to any structure, building, house, street, alley or public way.

 

(3) That safety precautions will be taken during the event to insure that the perimeters of the event are well-marked by signs indicating that a shooting event is taking place.

 

(4) That at least two (2) persons will be designated by the sponsor of the event to monitor the perimeters of the event for the protection of life, limb and property.

 

A violation of any term or condition of such permit shall constitute a Class 1 misdemeanor.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-60)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council