PART SIX — OFFENSES AND BUSINESS ACTIVITIES CODE
Title I — General Offenses
Chapter 627 — Weapons and Explosives
Complete to December 31, 2007CROSS REFERENCES
See sectional histories for similar State law.
License or permit to possess dangerous ordnance, RC 2923.18
Use of firearms in parks prohibited, CO 559.40
Use of firearms and explosives at airports restricted, CO 571.20
Reporting gunshot and stab wounds, CO 615.04
Property destruction by tear gas device, etc., CO 623.03
Handgun possession and sale, CO Ch 674
627.01 Definitions
As used in this chapter:
(a) "Deadly weapon" means any instrument, device or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried or used as a weapon.
(b)(1) "Firearm" means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant or by pump action or by compressed gas. "Firearm" includes an unloaded firearm, and any firearm which is inoperable but which can readily be rendered operable.
(2) When determining whether a firearm is capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to, the representations and actions of the individual exercising control over the firearm.
(c) "Handgun" means any firearm designed to be fired while being held in one hand.
(d) "Semi-automatic firearm" means any firearm designed or specially adapted to fire a single cartridge and automatically chamber a succeeding cartridge ready to fire, with a single function of the trigger.
(e) "Automatic firearm" means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger. "Automatic firearm" also means any semi-automatic firearm designed or specially adapted to fire more than thirty-one cartridges without reloading, other than a firearm chambering only .22 caliber short, long or long-rifle cartridges.
(f) "Sawed-off firearm" means a shotgun with a barrel less than eighteen inches long, or a rifle with a barrel less than sixteen inches long, or a shotgun or rifle less than twenty-six inches long overall.
(g) "Zip-gun" means any of the following:
(1) Any firearm of crude and extemporized manufacture;
(2) Any device, including without limitation a starter's pistol, not designed as a firearm, but which is specially adapted for use as a firearm;
(3) Any industrial tool, signalling device or safety device, not designed as a firearm, but which as designed is capable of use as such, when possessed, carried or used as a firearm.
(h) "Explosive device" means any device designed or specially adapted to cause physical harm to persons or property by means of an explosion, and consisting of an explosive substance or agency and a means to detonate it. "Explosive device" includes without limitation any bomb, any explosive demolition device, any blasting cap or detonator containing an explosive charge, and any pressure vessel which has been knowingly tampered with or arranged so as to explode.
(i) "Incendiary device" means any firebomb, and any device designed or specially adapted to cause physical harm to persons or property by means of fire, and consisting of an incendiary substance or agency and a means to ignite it.
(j) "Ballistic knife" means a knife with a detachable blade that is propelled by a spring-operated mechanism.
(k) "Dangerous ordnance" means any of the following, except as provided in division (l) of this section:
(1) Any automatic or sawed-off firearm, zipgun or ballistic knife;
(2) Any explosive device or incendiary device;
(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating or demolitions;
(4) Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;
(5) Any firearm muffler or silencer;
(6) Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.
(l) "Dangerous ordnance" does not include any of the following:
(1) Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, which employs a percussion cap or other obsolete ignition system, or which is designed and safe for use only with black powder;
(2) Any pistol, rifle or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon, unless such firearm is an automatic or sawed-off firearm;
(3) Any cannon or other artillery piece which, regardless of its actual age, is of a type in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic or other system for absorbing recoil and returning the tube into battery without displacing the carriage, and is designed and safe for use only with black powder;
(4) Black powder, priming quills and percussion caps possessed and lawfully used to fire a cannon of a type defined in division (l)(3) of this section during displays, celebrations, organized matches or shoots, and target practice, and smokeless and black powder, primers and percussion caps possessed and lawfully used as a propellant or ignition device in small-arms or small-arms ammunition;
(5) Dangerous ordnance which is inoperable or inert and cannot readily be rendered operable or activated, and which is kept as a trophy, souvenir, curio or museum piece.
(6) Any device which is expressly excepted from the definition of a destructive device pursuant to the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 921(a)(4), and any amendments or additions thereto or reenactments thereof, and regulations issued thereunder.
(RC 2923.11; Ord. No. 2031-01. Passed 5-6-02, eff. 5-6-02)
627.02 Carrying Concealed Weapons
(a) No person shall knowingly carry or have, concealed on his person or concealed ready at hand, any deadly weapon.
(b) This section does not apply to officers, agents or employees of this or any other state or the United States, or to law enforcement officers, authorized to carry concealed weapons or dangerous ordnance, and acting within the scope of their duties.
(c) It is an affirmative defense to a charge under this section of carrying or having control of a weapon other than dangerous ordnance, that the actor was not otherwise prohibited by law from having the weapon, and that any of the following apply:
(1) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in or was going to or from the actor's lawful business or occupation, which business or occupation was of such character or was necessarily carried on in such manner or at such a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed.
(2) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor or a member of his family, or upon the actor's home, such as would justify a prudent person in going armed.
(3) The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor's own home.
(4) The weapon was being transported in a motor vehicle for any lawful purpose, and was not on the actor's person, and, if the weapon was a firearm, was carried in compliance with the applicable requirements of division (c) of Section 627.04.
(d) This section shall not apply if:
(1) The offender has previously been convicted of a violation of this section or of any offense of violence as defined in Section 601.01 or RC 2909.01;
(2) The weapon involved is a firearm which is either loaded or for which the offender has ammunition ready at hand;
(3) The weapon involved is dangerous ordnance:
(4) The weapon involved is a firearm and the violation of this section is committed at premises for which a D permit has been issued under Chapter 4303 of the Revised Code;
(5) The offense is committed aboard an aircraft, or with purpose to carry a concealed weapon aboard an aircraft, regardless of the weapon involved;
(e) Notwithstanding the provisions of division (a) of Section 601.99, whoever violates this section is guilty of carrying concealed weapons, a misdemeanor, and shall be fined one thousand dollars ($1,000) and imprisoned for six months.
No part of this sentence shall, in any case, be suspended or otherwise reduced except that any person convicted under this section, if he is at the time of such conviction shown to be gainfully employed, shall be released each day from the workhouse or other place of incarceration, to go to work, and shall at the conclusion of each such working day, during the term of his sentence, promptly return to the workhouse or place of incarceration until his sentence has been served.
(Ord. 100-99. Passed 6-7-99, eff. 6-16-99)
627.03 Using Weapons While Intoxicated
(a) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance.
(b) Notwithstanding the provisions of Sections 601.13 and 601.99(a), whoever violates this section is guilty of using weapons while intoxicated, and shall be fined not less than three hundred dollars ($300.00) nor more than one thousand dollars ($1,000), and imprisoned for not less than three days, nor more than six months. No part of this sentence shall, in any case whatsoever, be suspended or otherwise reduced.
(RC 2923.15; Ord. No. 483-75. Passed 6-9-75, eff. 6-9-75)
627.04 Improperly Handling Firearms in a Motor Vehicle
(a) No person shall knowingly discharge a firearm while in or on a motor vehicle.
(b) No person shall knowingly transport or have a loaded firearm in a motor vehicle, in such manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.
(c) No person shall knowingly transport or have a firearm in a motor vehicle, unless it is unloaded, and is carried in one of the following ways:
(1) In a closed package, box or case;
(2) In a compartment which can be reached only by leaving the vehicle;
(3) In plain sight and secured in a rack or holder made for the purpose;
(4) In plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
(d) This section does not apply to officers, agents or employees of this or any other state or the United States, or to law enforcement officers authorized to carry or have loaded or accessible firearms in motor vehicles, and acting within the scope of their duties.
(e) The affirmative defenses contained in Section 627.02(c)(1) and (2) are affirmative defenses to a charge under subsection (b) or (c) hereof.
(f) Notwithstanding the provisions of Sections 601.13 or 601.99(a), whoever violates this section is guilty of improperly handling firearms in a motor vehicle, and shall be fined not less than three hundred dollars ($300.00), nor more than one thousand dollars ($1,000), and imprisoned for not less than three days, nor more than six months. No part of this sentence shall, in any case whatsoever, be suspended or otherwise reduced.
(g) As used in this section, "unloaded" means, with respect to a firearm employing a percussion cap, flintlock or other obsolete ignition system, when the weapon is uncapped, or when the priming charge is removed from the pan.
(RC 2923.16; Ord. No. 483-75. Passed 6-9-75, eff. 6-9-75)
627.05 Failure to Secure Dangerous Ordnance
(a) No person, in acquiring, possessing, carrying or using any dangerous ordnance shall negligently fail to take proper precautions:
(1) To secure the dangerous ordnance against theft or against its acquisition or use by any unauthorized or incompetent person;
(2) To insure the safety of persons and property.
(b) Whoever violates this section is guilty of failure to secure dangerous ordnance, a misdemeanor of the second degree.
(RC 2923.19; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
627.06 Unlawful Transactions in Weapons
(a) No person shall:
(1) Manufacture, possess for sale, sell or furnish to any person other than a law enforcement agency for authorized use in police work, any brass knuckles, cestus, billy, blackjack, sandbag, switchblade knife, springblade knife, gravity knife or spring-loaded weapon capable of propelling a knife or knifelike projectile, including, but not limited to, a ballistic knife (sometimes referred to commonly as a KGB knife) or similar weapon and/or advanced martial arts weapons, including, but not limited to shurikan (throwing star), nunchuck, sword, knife, staff, Tonfa, Kama, and Sai and/or other similar weapons.
This paragraphs does not apply to the possession and/or use of advanced martial arts weapons on the premises of a recognized martial arts school or during the time said weapons are being transported directly to or from said premises.
(2) As used in paragraph (a)(1) hereof, the following designated martial arts weapons are defined as follows:
(a) "Nunchuck"_two pieces of hardwood sticks, generally equal in size and weight, held together by a piece of string, leather or chain.
(b) "Sword"_a weapon with a long blade for cutting or thrusting designed, manufactured or marketed as a martial arts weapon.
(c) "Knife"_a weapon consisting of a single- or double-edged short blade for cutting or throwing and designed, manufactured or marketed as a martial arts weapon.
(d) "Staff"_a hardwood stick the size of which can vary from two to six feet in length which can be used to strike, to block, to jab, to hold and throw an opponent.
(e) "Tonfa"_a hardwood shaft which measures about 17 inches in length with a handle approximately 4 1/2 inches in length affixed to the shaft.
(f) "Kama"_an instrument consisting of a handle with a long curved single-edged blade affixed at the end of the handle.
(g) "Sai"_a piece of steel or heavy metal that is approximately 12 inches in length with a pointed or blunted end and two prongs that extend down from the blade to form a handle and a protection for strikes.
(3) When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license or permit showing him to be authorized to acquire dangerous ordnance pursuant to Section 627.05 or RC 2933.17, or negligently fail to take a complete record of the transaction and forthwith forward a copy of such record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;
(4) Knowingly fail to report to law enforcement authorities forthwith the loss or theft of any firearm or dangerous ordnance in such person's possession or under his control;
(5) Knowingly manufacture, possess for sale, sell, lend, give, acquire, furnish, purchase, own, possess, receive, have on or about his person or use any handgun which does not contain a serial number or other numerical identification, or which has had the serial number or other numerical identification obliterated. However, this prohibition shall not apply to any person who is in possession of such a handgun on June 9, 1975, and who within a period of thirty days thereafter presents such handgun to the Division of Police, which shall inscribe thereon a serial number according to a numbering system established by the Chief of Police. In no case shall a person sell, transfer, give, deliver or furnish to another a handgun which does not contain a serial number or other numerical identification or has had the serial number or other numerical identification obliterated.
(b) Whoever violates this section is guilty of unlawful transactions in weapons. Violation of subsection (a)(1) or (3) hereof is a misdemeanor of the second degree. Notwithstanding the provisions of Section 601.13 or 601.99(a), whoever violates subsection (a)(4) hereof shall be fined not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) and shall be imprisoned not more than thirty days. No part of the fine of this sentence shall, in any case, whatsoever, be suspended or otherwise reduced. Notwithstanding the provisions of Section 601.13 or 601.99(a), whoever violates subsection (a)(5) hereof shall be fined not less than three hundred dollars ($300.00), nor more than one thousand dollars ($1,000) and imprisoned not less than three days, nor more than six months. No part of this sentence shall, in any case whatsoever, be suspended or otherwise reduced.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
627.07 Reserved
Note: Former Section 627.07 was repealed by Ord. No. 483-75, passed 6-9-75, eff. 6-9-75.
627.08 Possession of Firearms by Minors
(a) No minor shall purchase, own, possess, receive, have on or about his person or use any firearm except pursuant to Section 627.07(a)(3).
(b) A juvenile who violates this section shall be adjudged an unruly child, with such disposition of the case as may be appropriate under RC Chapter 2151.
(Ord. No. 483-75. Passed 6-9-75, eff. 6-9-75)
627.081 Prohibited Weapon Defined
For purposes of Section 627.082, a "prohibited weapon" is any weapon defined, described, or listed in any division of Section 627.01 other than division (a) or (1) of that section, division (a) or (b) of Section 627.06, division (a) of Section 627.14, division (a) or (b) of Section 627.15, division (a) of Section 627.17, or division (a) of Section 627.18.
(Ord. No. 1130-92. Passed 5-11-92, eff. 5-15-92)
627.082 Prohibited Weapons on School Property; Duty to Notify Police
(a) Subject to division (b) of this section, any school official or employee who discovers a prohibited weapon, as defined in Section 627.081, upon school grounds or in a school building shall immediately notify the Chief of Police or his designee and request the assistance of the Division of Police.
(b) Division (a) of this section shall not apply:
(1) To any school official or employee who has personal knowledge that the notification required by division (a) has already been given with respect to a particular discovery of a particular prohibited weapon; or
(2) When the prohibited weapon is in the possession of an officer, agent or employee of this or any other state or the United States, members of the armed forces of the United States or the organized militia of this or any other state, or law enforcement officers, as defined in division (k) of Section 601.01, to the extent that any such person is authorized to possess a prohibited weapon and is acting within the scope of his or her duties.
(c) Any school official or employee who fails to comply with division (a) of this section is guilty of a misdemeanor of the first degree.
(Ord. No. 1130-92. Passed 5-11-92, eff. 5-15-92)
627.09 Possessing Deadly Weapons on Public Property
(a) No person shall knowingly have in his possession or ready at hand any deadly weapon while on public property or in a public building.
(b) For the purpose of this section, public property and public buildings shall include, but not be limited to parks, playgrounds, beaches, marinas, courthouses, auditoriums, stadiums, office buildings, jails, storage areas and yards, greenhouses, plants and works and any other property, building or structure owned, leased or rented by a governmental unit, to schools, colleges, and other learning institutions, whether public, private or parochial, and to churches, synagogues and other places of worship.
(c) This section does not apply to officers, agents or employees of this or any other state or the United States, to law enforcement officers authorized to carry or possess deadly weapons or to persons with private or special police commissions, and acting within the scope of their duties, or if the deadly weapon was part of a public weapons display, show or exhibition or was in the possession of a person participating in an organized match, competition or practice session on public property, or in a public building.
(d) Notwithstanding the provisions of Sections 601.13 and 601.99(a), whoever violates this section is guilty of possessing deadly weapons on public property, and shall be fined not less than three hundred dollars ($300.00), nor more than one thousand dollars ($1,000), and imprisoned for not less than three days, nor more than six months. No part of this sentence shall, in any case whatsoever, be suspended or otherwise reduced.
(Ord. No. 483-75. Passed 6-9-75, eff. 6-9-75)
627.10 Possessing Certain Weapons at or About Public Places
(a) No person shall knowingly carry, have in his possession or ready at hand any handgun, BB gun, pellet gun, dangerous ordnance, shotgun, rifle, knife having a blade two and one-half inches in length or longer, brass knuckles, cestus, billy, karate stick, blackjack, sword or saber while at or about a public place.
(b) As used in this section, "public place" means any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It also includes the front or immediate area of any store, shop, restaurant, tavern or other place of business and any grounds, areas or parks where persons would congregate.
(c) This section does not apply to officers, agents or employees of this or any other state or the United States, to law enforcement officers authorized to carry or possess deadly weapons or to persons with private or special police commissions, and acting within the scope of their duties.
(d) This section shall not apply if any weapon in division (a) of this section was part of a public weapon display, show or exhibition, or was in the possession of a person participating in an organized match, competition or practice session.
(e) It is an affirmative defense to a charge under this section that the actor was not otherwise prohibited by law from possessing the weapon, and that the weapon was kept ready at hand by the actor for defense purposes, while he was engaged in his lawful business or occupation, which business or occupation was of such character or at such a place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent man in having the weapon ready at hand.
(f) It is an affirmative defense to a charge under this section that the actor was not otherwise prohibited by law from possessing a knife having a blade two and one-half inches in length or longer, and that either (i) the actor at the time was engaged in a lawful business or pursuit and that business or pursuit requires a knife having a blade two and one-half inches in length or longer as a tool of trade or pursuit, or (ii) the knife having a blade two and one-half inches in length or longer was kept ready at hand by the actor for defense purposes, while he was engaged in his lawful business or occupation, which business or occupation was of such character or at such a place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent man in having such a knife ready at hand.
(g) Notwithstanding the provisions of Section 601.13 and division (a) of Section 601.99, whoever violates this section is guilty of possessing certain weapons on or about public places and shall be fined not less than three hundred dollars ($300.00), nor more than one thousand dollars ($1,000), and imprisoned for not less than three (3) days, nor more than six (6) months. No part of this sentence shall, in any case whatsoever, be suspended or otherwise reduced.
(Ord. No. 1361-01. Passed 8-15-01, eff. 8-24-01)
627.11 Seizure and Confiscation of Deadly Weapons
(a) In any situation where a deadly weapon is present and a person has been drinking or disturbing the peace, threatening bodily harm or causing or threatening a disturbance or violence, and there is reasonable cause for the investigating police officer to believe that such deadly weapon may be used to cause bodily harm, such deadly weapon may be seized by the police and kept in the custody of the Chief of Police until released by an order of a court of competent jurisdiction.
(b) Any deadly weapon seized by a police officer upon the arrest of any person, firm or corporation charged with a violation of any of the provisions of this chapter, or any felony or misdemeanor involving the use of a deadly weapon or the use of force or violence or the threat of the use of force or violence against the person of another, shall be confiscated by the Division of Police for disposal. However, any deadly weapon seized which has been reported stolen shall be returned to the owner thereof, unless possession by the owner would constitute a violation of any provision of these Codified Ordinances or of State or Federal law.
(Ord. No. 483-75. Passed 6-9-75, eff. 6-9-75)
627.12 Voluntary Disposition of Handguns
(a) Any handgun, declared to be illegal under the provisions of Section 627.06(a)(4) may be disposed of by presenting the handgun by the person owning or possessing the gun, at any district police station in the City of Cleveland, at the Central Police Station or the Detective Bureau of the Division of Police.
(b) No person disposing of a handgun in the manner and at the places herein designated, shall be required to make any written or oral statement or report concerning the handgun or the circumstances surrounding its acquisition, possession or present or past ownership. Receipt can be made available upon request.
(Ord. No. 1522-75. Passed 6-16-75, eff. 6-19-75)
627.13 Reserved
Note: Former Section 627.13 was repealed by Ord. No. 3080-88, passed 12-17-90, eff. 12-21-90.
627.14 Sale of Long Bladed Pocket Knives
(a) No person shall give or sell a pocket knife having a blade of two and one-half inches in length or longer, without first requiring a purchaser to properly identify himself and register in a book kept for such purpose giving his name, address and age. The register shall be subject to inspection by any officer of the law upon demand.
(b) No person shall give, sell or exhibit for sale to a minor a knife having a blade two and one-half inches in length or longer.
(c) Every person, firm or corporation dealing in the sale of knives shall post a copy of this section in a conspicuous place in such place of business.
(d) Whoever violates this section is guilty of unlawful pocket knife sale, a misdemeanor of the third degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
627.15 Sale or Possession of Sling Shots and Pea Shooters
(a) No person shall carry on or about his person, sell or exhibit for sale a sling shot, commonly consisting of a forked stick with an elastic band attached, or a piece of elastic such as rubber, with a bag attached for shooting of projectiles.
(b) No person shall carry on or about his person, sell or exhibit for sale a pea shooter, commonly consisting of a hollow cylindrical object made of one or more materials through which an object may be propelled by blowing air through the same.
(c) Whoever violates this section is guilty of unlawful sale or possession of sling shots or pea shooters, a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
627.16 Unlawful Display of Weapons
(a) No person, firm or corporation shall exhibit for sale in showcases or show windows any revolvers, daggers, stilettoes, brass or iron knuckles and billies, or display any signs, posters, cartoons or display cards, suggesting the sale of such weapons.
(b) Whoever violates this section is guilty of unlawful display of weapons, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
627.17 Possession or Use of Stench Bombs
(a) No person shall possess or use a tear gas device, stink bomb, smoke generator or other device releasing a substance which is harmful or offensive to persons exposed or which tends to cause public alarm. This section does not apply to law enforcement agents in the discharge of official duty.
(b) Whoever violates this section is guilty of unlawful possession or use of stench bombs, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
627.18 Tear Gas Guns
(a) No person not being a law enforcement officer acting in line of duty or a person engaged in repelling robbers, thieves, murderers or other law violators in the defense and protection of his home or place of business, shall aim and discharge at any person a weapon or device of any kind which impels by compressed air, spring release or other means a projectile containing any liquid or gas which is dangerous to the safety or health of such person, or which otherwise discharges any such liquid or gas upon the person of another.
(b) Whoever violates this section is guilty of unlawful tear gas gun use, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
627.19 Containers of Combustibles
(a) No person shall make, use, have on or about his person or under his control any device or container, having a combustible material or substance which can be used as a means of igniting such device or container attached thereto as a fuse and containing therein any flammable or combustible material or substance, which device or container can be used as a firebomb by igniting the fuse or igniting the fuse and breaking the device or container by dropping, tossing or throwing such device or container against or upon an object. However, this section does not apply to any person using, making or having such device or container in his possession or under his control in the course of a legitimate business, employment or occupation.
(b) Whoever violates this section is guilty of unlawful manufacture, possession or use of combustible container, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
627.20 Discharging Firearms
(a) No person shall discharge any firearm except in self-defense or except a law enforcement agent in the discharge of official duty.
(b) Whoever violates this section is guilty of unlawful firearm discharge, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
627.21 Jump Traps
(a) No person shall use or permit the use within the City of any steel jump animal trap or similar device with spring activated jaws of the types commonly used for the trapping of fur bearing animals, which is capable of inflicting cruelty upon dogs or cats or which constitutes a hazard to small children.
(b) Whoever violates this section is guilty of unlawful jump trap use, a misdemeanor of the third degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
627.22 Law Enforcement Officers Possessing or Using Nonissued Firearms on Duty
(a) No law enforcement officer of the City shall, while on duty, and in the course and scope of his duties, knowingly carry or have in his possession or use any firearm, as defined in Section 627.01(b), other than a firearm lawfully issued or authorized by the Department of Public Safety.
(b) The Division of Police shall confiscate and destroy the firearm of any person who is found guilty of violating this section, and such person shall also be subject to disciplinary action under the rules of the Civil Service Commission and, where applicable, to a violation of the rules and regulations of the Department of Public Safety.
(c) Notwithstanding the provisions of Sections 601.13 and 601.99, whoever violates this section is guilty of carrying, possessing or using unauthorized firearms, and shall be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for the first offense; and for each and every subsequent violation of this section, not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000) and imprisoned not less than thirty days nor more than sixty days.
(Ord. No. 1656-75. Passed 5-17-76, eff. 5-24-76)
627.23 Facsimile Firearms
(a) (1) "Firearm" shall have the same meaning as used in Section 627.01(b) of this Chapter.
(2) "Replica or facsimile of a firearm" shall mean any device or object made of plastic, wood, metal or any other material which is a replica, 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. As used in this section, "replica or facsimile of a firearm" shall include, but is not limited to, toy guns, movie props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms or any other device which might reasonably be perceived to be a real firearm.
(b) No person shall display, market for sale or sell any replica or facsimile of a firearm in the City. The provisions of this subsection shall not apply to any replica or facsimile firearm which, because of its distinct color, exaggerated size, or other design feature, cannot reasonably be perceived to be a real firearm.
(c) Except in self-defense, no person shall draw, exhibit or brandish a replica or facsimile of a firearm or simulate a firearm in a rude, angry or threatening manner, with the intent to frighten, vex, harass or annoy or with the intent to commit an act which is a crime under the laws of the City, State or Federal government against any other person.
(d) No person shall draw, exhibit or brandish a replica or facsimile of a firearm or simulate a firearm in the presence of a law enforcement officer, fire fighter, emergency medical technician or paramedic engaged in the performance of his or her duties, when the person committing such brandishing knows or has reason to know that such law enforcement officer, fire fighter, emergency medical technician or paramedic is engaged in the performance of his or her duties.
(e) (1) Whoever violates Section 627.23(b) is guilty of unlawful sale of a replica firearm, a misdemeanor of the third degree.
(2) Whoever violates Section 627.23(c) is guilty of brandishing a replica firearm, a misdemeanor of the first degree.
(3) Whoever violates Section 627.23(d) is guilty of brandishing a replica firearm in the presence of a public safety officer, a misdemeanor of the first degree.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)