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No person shall fire or discharge a cannon, gun, fowling-piece or firearm, within the limits of the city, except at a military exercise or review authorized by the military authority of the commonwealth or by the Boston City Council or Mayor of the city, or in the lawful defense of the person, family or property of a citizen; provided, however, that this prohibition shall not apply to persons engaged in target practice on a range or other premises licensed to be used for such purpose by the Boston City Council.
(CBC 1975 Ord. T14 § 274; CBC 1985 16-5.1)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMISSIONER. The Commissioner of the Boston Police Department, or his or her designee.
DEPARTMENT. The Boston Police Department.
MARKET. To display for sale.
REPLICA FIREARM. Any toy, imitation or facsimile pistol, revolver, shotgun, rifle, air rifle, BB gun, pellet gun, machine gun or other similar simulated weapon which because of its color, size, shape or other characteristics, can reasonably be perceived to be a real firearm from which a shot or bullet can be fired and which, pursuant to Subsection 16-5A.4, has been determined to pose a threat to public safety.
SELL. To exchange or deliver.
(1) For money or its equivalent; or
(2) As a promotion or an inducement to buy.
(Ord. 1988 c. 1 § 1 [A]; CBC 1985 16-5A.1)
(A) The Commissioner shall identify those replica firearms which he or she deems to pose a threat to public safety and shall make a list thereof. Such list shall include, where available, the following information: the product name, the manufacturer and the model number. The Commissioner shall post the list in the Department and shall make available copies thereof to the general public. The Commissioner shall update the list, from time to time, as he or she deems warranted. Any individual may provide information to the Commissioner regarding replica firearms to be added to the list.
(B) Any person who observes the sale or marketing of a replica firearm which he or she believes to be a violation of this Section may register a written or oral complaint with the Department. A Boston Police Officer, in response to each complaint, shall investigate the complaint forthwith in person and determine whether there is such a violation.
(C) Any Boston Police Officer who observes the sale or marketing of a replica firearm which he or she believes to be a violation of this Section shall investigate forthwith and determine whether there is such a violation.
(D) (1) If a Boston Police Officer determines that there is a violation of this Section, he or she shall order the individual or entity to remove immediately from sale or marketing all the replica firearms found to be in violation. In addition, the Department shall impose the following penalties on the individual or entity violating the Section:
(a) A written citation or warning for the first violation;
(b) A $100 fine for the second violation; and
(c) A $200 fine for the second and any subsequent violations.
(2) For purposes of penalties to be imposed under this Section, if a Boston Police Officer determines that a sale or marketing of replica firearms has occurred, that determination shall constitute one violation, regardless of the number of replica firearms involved. A Boston Police Officer shall return, unannounced, to the site of the violation within the 30-day period following the determination of a violation to ensure that the individual or entity has not resumed the sale or marketing of replica firearms.
(CBC 1985 16-5A.4; Ord. 1988 c. 1 § 1 [D])
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