549.13 OFFENSES INVOLVING FACSIMILES OF FIREARMS.
   (a)    As used in this Section:
      (1)    "Firearm" means a weapon designed and manufactured after 1900 which fires a projectile by means of a cartridge containing a combustible or explosive substance.
      (2)    "Facsimile of a firearm" means (A) any non-firing imitation or representation of a firearm as defined herein, provided such imitation or representation could reasonably be perceived to be a real firearm; or any BB or pellet-firing air gun that expels a metallic, foam, rubber or paint-containing projectile through the force of air pressure that has been modified, altered or adapted to more closely resemble an original firearm.
Such term does not include any look-a-like, non-firing, collector replica of an antique firearm designed and manufactured prior to 1900.
   (b)    No person shall own, possess or carry any BB or pellet-firing air gun that expels a metallic, foam, rubber or paint-containing projectile through the force of air pressure that has been modified, altered or adapted to more closely resemble an original firearm.
   (c)    Except in self defense or the defense of another, no person shall exhibit, point or brandish a facsimile of a firearm in a manner that is reasonably likely under all the circumstances to cause another to believe the offender will cause physical harm to the person or property of the other person or member of the other person's immediate family.
   (d)    No person shall exhibit, point or brandish a facsimile of a firearm in the presence of a peace officer, firefighter, emergency medical technician or paramedic engaged in the performance of his duties when the offender knows or has reason to know that such peace officer, firefighter, emergency medical technician or paramedic is engaged in the performance of his duties.
   (e)   (1)   Any person who violates subsection (b) hereof is guilty of a minor misdemeanor.
      (2)    Any person who violates subsection (c) hereof is guilty of a misdemeanor of the fourth degree.
      (3)    Any person who violates subsection (d) hereof is guilty of a misdemeanor of the first degree.
   (f)    Any facsimile of a firearm as defined herein which is used in a violation of any of the provisions of this Section shall be seized by the investigating officer or officers and shall be subject to an order of forfeiture by the court.
(Ord. 2015-94. Passed 8-3-15.)