Chapter 9.32
WEAPONS
Sections:
9.32.010 Discharge of weapons.
9.32.020 Inspection of firearms.
9.32.030 Carrying concealed weapons.
9.32.050 Seizure and disposition of weapons.
9.32.010 Discharge of weapons.
A. As used in this section “firearm” means a pistol, revolver, gun, rifle or other ordnance, including a miniature weapon, which projects a missile or shot by force of gunpowder or any other explosive, by spring or by compressed air.
B. Except for a peace officer acting within the scope of his duty; any government employee authorized or required by his employment or office to carry or use firearms; and any person having a valid permit issued to him by lawful authority to carry or use firearms, it is unlawful for any person to carry a firearm, loaded or unloaded, in a park, school ground or public building.
C. Except for a peace officer acting within the scope of his duty and any government employee authorized or required by his employment or office to carry or use firearms, it is unlawful for any person to use, fire, or discharge a slingshot, cross-bow, bow and arrow, or a firearm within the city or on or across city-owned property.
D. The prohibition in subsection C of this section does not apply to:
1. Any person justified in using deadly physical force under the provisions of ORS 161.195 or 161.219;
2. The member or guest of any licensed organization who, for the purpose of shooting practice, discharges a firearm at a target upon an established target range of that organization;
3. A person conducting an athletic contest who fires blank ammunition toward the sky;
4. Members of the armed forces firing blank ammunition at military ceremonies;
5. Persons authorized by permit of the city manager to discharge blank ammunition for a lawful purpose; or
6. Hunter safety instructors of the Oregon State Game Commission or their pupils who are engaged in hunter safety training classes sponsored by the Commission. (Ord. 875 § 3(H) (part), 1997; Ord. 763 § 5-511, 1989)
9.32.020 Inspection of firearms.
It is unlawful for any person carrying a firearm upon his person, or in a vehicle under his control or in which he is an occupant, to refuse to permit a peace officer to inspect that firearm after the peace officer has identified himself as such where that officer has reason to believe that the weapon is unlawful or is being carried unlawfully. (Ord. 763 § 5-512, 1989)
9.32.030 Carrying concealed weapons.
A. It is unlawful for any person, not authorized by law to carry any dangerous or deadly weapon in a concealed manner.
B. Any such weapon taken from the person or vehicle of any person unlawfully carrying the same are nuisances, and shall be surrendered to the chief of police. (Ord. 763 § 5-513, 1989)
9.32.040 Pointing a firearm.
No person except a police officer in the performance of his or her duties shall, with or without malice, purposely point any loaded or empty firearm at or toward any other person within range of the firearm, except in self defense. (Ord. 763 § 5-514, 1989)
9.32.050 Seizure and disposition of weapons.
A. It is the duty of the Sutherlin police department to seize and take possession of any dangerous or deadly weapon being carried or used unlawfully or for an unlawful purpose. The weapon shall be held subject to disposal as provided in this section.
B. If the weapon was not possessed, carried or used unlawfully by the owner, it shall be released to him if he files a written claim with the chief of police:
1. Within ninety (90) days after it was seized, if it was not held for use as evidence; or
2. Within ninety (90) days after it was released by directive of the chief of police or court order, if it was held for use as evidence.
C. If there is a question as to ownership or right to possession, the weapon shall be released as ordered by the court in proceedings initiated under ORS 133.633 to 133.663 by any person claiming ownership or right to possession.
D. If no person claiming ownership comes forward and:
1. The name and address of a person entitled to claim possession of a dangerous or deadly weapon under subsection B of this section is known to the Sutherlin police department, the property control officer shall give that person notice of the provisions of subsection B of this section when the ninety (90) day claim period begins to toll.
2. The name and address of a person entitled to claim possession of a dangerous or deadly weapon under subsection B of this section is not known to the Sutherlin police department, the property control officer shall cause to be placed in a newspaper of general circulation in the area a public notice generally describing the finding, the property found and the final date before which the property may be claimed once each week for four consecutive weeks.
E. If the dangerous or deadly weapon is not claimed under the provisions of subsection B of this section or was possessed, carried or used unlawfully by the owner, it is a nuisance. Subject to a court order to the contrary, the weapon shall be disposed of as provided in subsections F through H of this section.
F. Subject to approval of the property control officer, if the weapon is a firearm suitable for use by the Sutherlin police department, it shall become the property of the Sutherlin police department, and shall be added to the inventory of the department.
G. Subject to subsection F of this section if the weapon is a shotgun or rifle which may be legally sold in the state of Oregon, it shall be delivered to the property control officer, who shall dispose of it by auction in the same manner as surplus property. However, bids shall be accepted only from bidders who have prequalified with the property control officer as being licensed to sell firearms at retail.
H. Any weapon described in subsection E of this section that is not disposed of as ordered by the court, or as provided in subsection F or G of this section, shall be destroyed by the property control officer.
I. For purposes of this section, the property control officer shall be the chief of police or his or her designee. (Ord. 763 § 5-515, 1989)