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§ 10-810. Weapons And Dangerous Devices.

(1) Discharging Firearms. No person shall fire or discharge recklessly and without reasonable cause any rifle, gun, pistol, or other firearm.

(2) Water Pistols, Electric Canes, and Miniature Cannon.

(a) No one shall sell or offer for sale water pistols, electric canes, miniature cannon, or similar articles.

(b) No one shall use water pistols, electric canes, miniature cannon or similar articles in any street or public place.

(3) Spring Guns, Air Guns and Bows and Arrows.

(a) No person shall sell, offer for sale at retail, or use, or possess with intent to use, any air gun, spring gun, or any implement not a firearm which forcefully impels a pellet of any kind.

(b) No person shall sell, or offer for sale, at retail, any bow and arrow, to any person under the age of twenty-one (21) years unless the seller first obtains written evidence of parental consent to the proposed purchase by the minor.

(4) Toy or Imitation Firearms.

(a) No person shall sell or offer to sell, possess or use or attempt to use or give away, any toy or imitation firearm which substantially duplicates or can reasonably be perceived to be an actual firearm unless:

(.1) The entire exterior surface of such toy or imitation firearm is colored white, bright red, bright orange, bright yellow, bright blue, bright pink or bright purple, either singly or as the predominant color in combination with other colors in any pattern; or

(.2) Such toy or imitation firearm is constructed entirely of transparent or translucent materials which permits unmistakable observation of the imitation or toy firearm's complete contents; and

(.a) The barrel of such toy or imitation firearm, other than the barrel of any such toy or imitation firearm that is a water gun, is closed with a blaze orange plug, permanently affixed, of the same material of which the toy or imitation firearm is made, for a distance of not less than one-half inch from the front end of said barrel; and

(.b) Such toy or imitation firearm has legibly stamped thereon, the name of the manufacturer or some trade name, mark or brand by which the manufacturer can be readily identified; and

(.c) Such toy or imitation firearm does not have a laser pointer attached.

(b) The provisions of § 10-810(8)(a) shall not apply to:

(.1) The possession or display of toy or imitation firearms by a manufacturer or dealer solely for purposes of sales that are accompanied by delivery to a point outside of the City;

(.2) Any toy or imitation firearm that will be used only for or in the production of television programs or theatrical or motion picture presentations, provided, however, that such use of any toy or imitation firearm complies with all applicable laws, rules or regulations concerning request and receipt of waivers authorizing such use;

(.3) Non-firing collector replica antique firearms, which look authentic and may be scale models, but are not intended as toys and are modeled on real firearms, designed, manufactured and produced prior to 1898;

(.4) Decorative, ornamental, and miniature objects having the appearance, shape or configuration of a firearm, including those intended to be displayed on a desk or worn as jewelry or on key chains, provided that the object measures no more than thirty-eight (38) millimeters in height or eighty (80) millimeters in length.

(5) Switchblade Knives. No person shall sell, offer for sale or carry any knife with a blade which is released by a spring mechanism including knives known as "switchblades".

(6) Incendiary Paper. No person shall manufacture, sell, offer for sale, carry or store any incendiary paper that has been chemically treated to vanish at the touch of a flame, including paper known as "flash paper".

(7) Penalties.

(a) Whoever violates any provision of this Section or Section 10-821 shall, in addition to other penalties provided, forfeit the weapon, contraband, or dangerous device giving rise to the violation of such Section.

(b) In addition to any other penalties, any person who sells or offers for sale at retail to a minor, any air gun, spring gun, or any implement, not a firearm, which forcefully impels a pellet of any kind, in violation of subsection 10-810(3)(a), shall have committed a Class III offense and shall be subject to the fines set forth in subsection 1-109(3), and upon referral from the Police Department, the Department of Licenses and Inspections, after providing notice and an opportunity to be heard, may suspend the commercial activity license of such person for no less than six months and no more than one year.

(8) Confiscation. Police officers shall seize and deliver into departmental custody any air gun, air pistol, spring gun, switch blade knife, incendiary paper, contraband weapons, toy or imitation firearm in violation of Section 10-810(4), accessories and/or ammunition or other implement which shall be used, discharged, possessed, offered for sale or carried in violation of Section 10-810 or Section 10-821.

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Keywords
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