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2012-02 ORDINANCE NO. 2012-02 AN ORDINANCE AMENDING AND READOPTING CHAPTER THE CRT I L V, S 54 -171, 54 -172, AND 54-173, OF THE CO FAIRFAX, VIRGINIA, PERTAINING TO CARRYING CONCEALED WEAPONS, DISCHARGE OF FIREARMS, AND PNEUMATIC GUNS. BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 154, Sections 54 -171, 54 -172, and 54 -173, of the Code of the City of Fairfax, Virginia, pertaining , to carrying concealed weapons, discharge of firearms, and pneumatic guns are hereby ' amended as follows: (1) Section 54 -171 - Carrying concealed weapons, is hereby repealed in its entirety. (2) Section 54 -172 — Discharge of firearms is hereby amended as follows: Sec. 54 -172. - Discharge of firearms. It shall be unlawful for any person to fire or discharge any gun, pistol, or other firearm within the city, except: (1) By special permit issued by the city manager containing reasonable conditions or restrictions, upon written application showing good cause for the requested tiring or discharge, and limited to guns, pistols, and other firearms loaded with a blank cartridge, or II other ammunition, not resulting in the expulsion of a projectile; l (2) On a shooting gallery or range authorized by the city; 9 (3) By any law enforcement officer in discharging his duties; or j 1 (4) For the lawful protection of person or property; or II As other_w i c _permitted by applicable law. r i (3) Section 54 -173 — Use of air guns, slingshots is hereby amended as follows: Sec. 54-173. - l! se of air pneumatic guns, slingshots. No person shall use within the city any instrument, including, but not limited to, an air gun, BB gun, pneumatic gun, slingshot or other similar instrument, for projecting missiles liable to do any injure to persons, property or wildlife. The provisions of this section shall not apply to any law enforcement officer or animal control officer in discharging his duties. The provisions of this section shall not as81 to any person_ using pneumatic onson or within private piopert■ with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the_propertv. If any person violates the prov isions of this section relating to pneumatic guns, such person shall be guilty of a class 3 misdemeanor. As used in this section, "pneumatic gun " means any implement designed as awn that will e el a B13_or a pcllet_by action of pneumatic ssure "Pneumatic gun" includes apa►ntball gun that enels by action of pneumatic pressure plastic balls filled with paint for the urpose of markii the point of impact_ . (4) The City Clerk shall ensure that the codification of Section 54 -173 includes a state code reference to Code of Virginia Section 15.2- 915.4. This ordinance shall become effective as provided by law. Introduced: December 13, 2011 Public hearing: January 10, 2012 Enacted: January 10, 2012 ( J Mayor i? /' Date AT'l'ES'1: i / ,,/,/ i , City Clerk Votes Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Councilmember Schmidt Aye Councilman Silverthorne Aye Councilman Stombres Absent i 4 � 1 1 16 1 1 i 1