Loading...
It shall be unlawful for any person to sell, offer for sale, give away or loan to any minor under the age of eighteen (18) years any dart or knife, blackjack, slingshot, billy, metallic knuckles, sand club, sand bag, karate sticks, nunchucks, shurikens (sharpened stars or discs used for throwing) bludgeon or any other dangerous or deadly weapon or instrument, when such person knows or reasonably should have known that the minor child was under eighteen (18) years of age. Provided, however, that the prohibitions contained in this article shall not apply when the person selling, offering for sale, giving away or loaning such weapon or instrument reasonably and in good faith believes that such weapon or instrument will be used by such minor as equipment related to and required for any legitimate sport, recreation or youth character building program, Boy Scouts, Girl Scouts, and the like, when actively engaged therein or actively engaged in going to or returning from such honest work, trade, business, sport, recreation or youth character building program.
(Ord. 1840, passed 5-10-1965; Ord. 2864, passed 12-20-1982)
The prohibitions contained in §§ 31-37 and 31-38 shall not apply to any person in possession of any such weapons or instruments which could be used as a tool of honest work, trade, business, sport or recreation, in a store or other public or private property generally frequented by the public provided such person or the employer of such person is duly licensed for such location by the City of Flint as an initial merchant, or such other licensing as may be appropriate.
(Ord. 2864, passed 12-20-1982)
(a) (1) FIREARM. The same as in § 31-20 hereof.
(2) TOY, REPLICA or FACSIMILE OF A FIREARM. Any device or object made of plastic, wood, metal or any other material which is a replica, facsimile or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or any other firearm. As used in this section, TOY, REPLICA or FACSIMILE OF A FIREARM. includes all inoperative firearms or any other device which might reasonably be perceived to be a real firearm.
(b) No person shall market for sale or sell any toy, replica or facsimile of a firearm in the city to anyone other than an adult, and if given to other than an adult, the piece shall be painted in illuminating colors or orange, yellow or lime; tipped, striped or solid. The provisions of this subsection shall not apply to any toy, replica or facsimile of a firearm which, because of its distinct color, exaggerated size, or other design feature, cannot reasonably be perceived to be a real firearm.
(c) No person shall, except in self-defense, draw, exhibit or brandish a replica firearm in a threatening manner so as to cause the victim to reasonably believe that the person is actually in possession of an operable firearm.
(d) No person shall draw, exhibit or brandish a toy, replica or facsimile of a firearm, or simulate a firearm in the presence of a law enforcement officer, firefighter, emergency medical technician or paramedic engaged in the performance of his or her duties, when the person committing such brandishing knows or has reasonable cause to believe that the law enforcement officer, firefighter, emergency medical technician or paramedic is engaged in the performance of his duties.
(e) Whoever violates subsection (b) hereof is guilty of the unlawful sale of a toy, replica or facsimile firearm.
(f) Whoever violates subsection (c) hereof is guilty of brandishing a toy, replica or facsimile firearm.
(g) Whoever violates subsection (d) hereof is guilty of brandishing a toy, replica or facsimile firearm in the presence of a public safety officer.
(Ord. 3291, passed 2-26-1995)
Any individual found guilty of a violation of § 31-41.1 hereof shall be subject to a penalty of up to ninety (90) days imprisonment and/or a five hundred dollar ($500.00) fine, at the discretion of the Court.
(Ord. 3291, passed 2-26-1995)
Loading...