(a) No person shall knowingly carry, transport or have ready at hand in or upon any public place any knuckles, blackjack, karate stick, by whatever name known, or any switchblade knife, spring knife, gravity knife, butterfly knife, billy club, club, chain, nunchucks, razor, fighting stars or pellet gun, or any similar device or instrument manufactured, fashioned, designed or used as a dangerous or deadly weapon, or a knife having a blade over four and one-half inches in length which is designed or specially adopted for use as a weapon or is possessed, carried or used as a weapon.
(b) As used in this section, “public place” means any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. “Public place” includes the front or immediate area of any store, shop, restaurant, tavern or other place of business, and any street, ground, park or other area where persons may congregate.
(c) This section does not apply to officers, agents or employees of this or any other state or the United States, or to law enforcement officers or certified private security personnel authorized to carry weapons and acting within the scope of their duties.
(d) It is an affirmative defense to a charge under this section of carrying or having control of a dangerous or deadly weapon, that the actor was not otherwise prohibited by law from having the weapon and that any of the following apply:
(1) The weapon was carried or kept ready at hand by the actor for defensive purposes, while he was engaged in or was going to or from his lawful business or occupation, which business or occupation was of such character or was necessarily carried on in such a manner or at such time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent man in going armed.
(2) The weapon was carried or kept ready at hand by the actor for defensive purposes, while he was engaged in a lawful activity, and had reasonable cause to fear a criminal attack upon himself or a member of his family or upon his home such as would justify a prudent man in going armed.
(3) The weapon was being transported in a motor vehicle for any lawful purpose, and was not on the actor’s person.
(4) The weapon was being lawfully transported to a school of instruction in the use of such weapons approved by the Chief of Police.
(5) The weapon was being carried from the place of purchase or repair to the owner’s residence or from his business or residence to the place of purchase or repair.
(e) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 14-26. Passed 9-15-14.)