CHAPTER 17
FACSIMILE FIREARMS

SECTION:

4-17-1:    Definitions

4-17-2:    Prohibited Acts

4-17-3:    Penalty

4-17-1 DEFINITIONS:

 

FIREARM:

Shall have the same meaning as used in 18 USC section 921.

REPLICA OR FACSIMILE OF A FIREARM:

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 chapter, "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. (Ord. 864-07, 4-9-2007)

4-17-2 PROHIBITED ACTS:

A.    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.

B.    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, firefighter, 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, firefighter, emergency medical technician or paramedic is engaged in the performance of his or her duties. (Ord. 864-07, 4-9-2007)

4-17-3 PENALTY:

In addition to any other offenses which may be applicable pursuant to the Idaho criminal code, any person convicted of a violation of section 4-17-2 of this chapter shall be guilty of a misdemeanor punishable by imprisonment in a county jail for a period not exceeding six (6) months, or a fine not exceeding one thousand dollars ($1,000.00), or both. (Ord. 864-07, 4-9-2007)