Replies

Seems pretty outlandishly broad and infringy...

10.56.010 Possession unlawful.

Except as otherwise provided in this chapter no person shall have in his possession within this city and no person shall fire or discharge or cause to be fired or discharged within the city, nor shall any parent, guardian or person having the care, custody or control of any minor permit such minor to have in his possession within this city or to fire or discharge or cause to be fired or discharged within the city any firearm, cannon, fireworks, gun, pistol, revolver, anvil, firecracker or explosive of similar nature, rifle, air rifle, airgun, BB gun or pellet gun or any instrument of any kind, character or description which throws or projects bullets or missiles of any kind to any distance by means of elastic force, air or any explosive substance, all referred to in this section as “firearms.” (Ord. 756 NCS §1: prior code § 16.26.)
10.56.020 Exceptions.

The provisions of Section 10.56.010 as to the use of any of the firearms mentioned therein shall not apply to any of the following cases:

A. To police, peace officers or persons in military service in the discharge of their duties and using reasonable care;

B. To persons using firearms in necessary self defense;

C. To the possession of such firearms for keeping at the place of residence or business of the person otherwise in lawful possession thereof or while traveling to or from a legal firing, shooting or target range or hunting ground;

D. To the discharging or firing of such firearms or causing them to be discharged or fired at a legal firing, shooting or target range or hunting ground;

E. To the discharging or firing of fireworks after permit therefor has been issued by the fire chief as provided by law;

F. To the use of a gun firing .22 caliber shot-cartridge only, upon a written permit applied for and granted by the chief of police to protect life or property against animals, birds or rodents.

(Ord. 756 NCS §1: prior code §16.27.)
10.56.030 Violation — Penalty.

Any violation of this chapter shall be a misdemeanor and upon conviction thereof, shall be punishable by a fine of not less than seventy-five dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. (Ord. 1304 NCS §6, 1978.)

Bloody stupid arse'oles. IANAL, but even I can immediately think of several ways around this, besides the fact that they have no lawful authority to call this a "law".

By this same reasoning, just to give one example, a wood-burning stove is illegal because it "fires", and "throws or projects bullets or missiles of any kind to any distance by means of elastic force, air or any explosive substance". Ever see a knot of pitch fire while a log is burning? And what about all those sparks then? Those are projectiles, under the same definition that bullets are.

I really should not expound about how a mortar could be legally argued as not falling under this definition as well...