(A) No person under the age of 16 shall possess a pneumatic gun unless under the direct supervision of a parent, a guardian, or an individual 18 years of age or older.
Exception: This subsection shall not apply if the individual under the age of 16 is on or within private property and is authorized by a parent or guardian and the property owner or legal possessor of the property to possess the pneumatic gun.
(B) No person shall point, wave about, or display a pneumatic gun in a threatening manner with the intent to induce fear in another individual.
(C) Due to the dangers posed to adjoining inhabitants, no person shall discharge a pneumatic gun on any property adjoining another property that is utilized or zoned for overnight habitation, including but not limited to single family residences, two-family residences, multi-family residences, apartment uses, and lodging uses, or adjoining another property utilized or designed as a public park, public trail, or other place for public recreation.
Exceptions:
(a) This subsection shall not apply to the discharge of pneumatic guns at authorized target ranges, even if the target range adjoins the type of property articulated in this subsection.
(b) This subsection shall not apply to the discharge of pneumatic guns on or within private property with the permission of the owner or possessor of that property if conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
(D) Due to the dangers posed to inhabitants, no person shall discharge a pneumatic gun on any inhabited property without the permission of the owner or possessor of that property and/or without conducting such discharge with reasonable care to prevent a projectile from crossing the bounds of the property.
(E) No person shall discharge from a pneumatic gun any projectile for which the pneumatic gun was not designed or in any manner contrary to the manufacturer's recommendations for use.
(F) No person shall:
(1) Disguise or modify a pneumatic gun to more closely resemble an actual firearm.
(2) No person shall carry, conceal, display, or discharge any pneumatic gun that has been disguised or modified to more closely resemble an actual firearm.
(G) Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel any pneumatic gun that expels a metallic BB or metallic pellet greater than .177 caliber unless the pneumatic gun is unloaded and is one or more of the following:
(1) Taken down.
(2) Enclosed in a case.
(3) Carried in the trunk of the vehicle.
(4) Inaccessible from the interior of the vehicle.
A violation of this subsection is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.
(H) Notwithstanding any other provision of this section, any conduct permitted by this section shall not be construed as authorizing a violation of any other ordinance or city code provision, including but not limited to noise, nuisance, litter, and public peace regulations.
(I) For purposes of this section:
(1) The term PNEUMATIC GUN is defined as any implement, designed as a gun, that will expel a BB or pellet by spring, gas, or air. The term also includes paintball guns that expel by pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(2) The term REASONABLE CARE is defined as the utilization of clearly identified locations established in coordination with the installation of physical barriers designed to protect against projectiles leaving the property. If harm to another or to another's property is caused by a pneumatic gun projectile that was not contained to the property, a presumption exists that the owner, possessor, and/or person in control of the property, and/or the person discharging the pneumatic gun did not utilize reasonable care, and the duty will shift to the owner, possessor, and/or person in control of the property, and/or the person discharging the pneumatic gun, to rebut that presumption.
(3) The prohibitions herein relating to the discharge, pointing, waving about, and display of pneumatic guns shall not apply to the defense of persons or property if the defense is applicable and established under state or federal law, nor to law enforcement personnel who utilize a pneumatic gun in the lawful performance of their duties, nor to any other use for which local regulations are preempted.
(Ord. No. 495, § 1, 4-16-24)
Statutory reference:
Similar provisions, see M.C.L. §§ 123.1101 et seq.
Transport in a vehicle, see M.C.L. § 750.227d