(A) Discharging firearms. It shall be unlawful for any person to shoot, fire, or discharge any firearm within the town limits, as provided herein. For purposes of this section, “FIREARM” shall mean any weapon that is capable of expelling, designed to expel or may readily be converted to expel a projectile by means of an explosion. The term “FIREARM” shall include handguns, machine guns, rifles, shotguns, and all other weapons which fit the definition of “firearm” as provided herein, as defined by IC 35-47-1 et seq., or any other applicable state or federal laws.
(B) (1) This section shall not prohibit the discharge of firearms by certain exempted persons, namely:
(a) Any legally appointed local or federal law enforcement officer acting within the capacity of his or her authorized duty;
(b) Any person, who is legally authorized and licensed to own and possess a firearm, is acting in self-defense, the defense of their dependents, or the defense of a fellow citizen(s), if the circumstances are such that a reasonable and responsible adult, would determine that discharging the firearm is of absolute and immediate necessity, and that no alternative and less dangerous solution is feasible at the time, and in doing so, does not violate any local, state, or federal laws;
(c) Any duly licensed hunters, provided all applicable hunting laws and regulations are adhered to; and
(d) Any person discharging a weapon at lawfully operated shooting range, skeet range, or gun club.
(2) This section shall not be construed to restrict or otherwise prohibit the legal possession, purchase or use of firearms in accordance with applicable Indiana law, the Indiana Constitution or the United States Constitution.
(C) This section only regulates the discharge of firearms within the town municipal corporate boundaries and shall not be construed to regulate or otherwise restrict the following:
(1) Firearms, ammunition, and firearm accessories;
(2) The ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and
(3) Commerce in and taxation of firearms, firearm ammunition, and firearm accessories.
(D) (1) Any violations of this section shall result in the following penalties, namely:
(a) First offense: $250 fine;
(b) Second offense: $750 fine; and
(c) Third offense and subsequent offenses: $7,500 fine.
(2) Any second and subsequent offenses shall be determined based upon a calendar year.
(Ord. 1279, passed 12-19-17)