§ 8. FIREARMS

A.

UNLAWFUL

It shall be unlawful for any person to discharge any gun, pistol, or other firearm of any kind or to discharge an air rifle or air pistol of any description, by whatever name known, that is capable, by means of compressed air, compressed gas, springs or by any other means, of discharging shots, pellets or any solid object at a velocity in excess of three hundred (300) feet per second, in the city.

(Ordinance No. 08-90 of May 10, 1990)

B.

SHOTGUN EXCLUSION

(1)

This section shall not apply to any person possessing a permit as provided for in subsection (2) for the discharge of any shot-type firearms, including shotguns, within the city at a distance greater than one hundred (100) yards from any residence, business, house, public street or state highway.

(2)

The chief of police may issue a permit to allow a person to discharge any shot-type firearms, including shotguns, within the city at a distance greater than one hundred (100) yards from any residence, business, house, public street or state highway under the following conditions:

(a)

The applicant lawfully conducts an agricultural enterprise, such as growing pecans, fruit, vegetables, raising cattle, rabbits, poultry, swine; and

(b)

The agricultural enterprise is at risk due to damage caused by pests and varmints, such as squirrels, birds, dogs, cats, raccoons, snakes and opossums.

(c)

The use of a shotgun is essential to reducing the damage to the agricultural enterprise caused by pests and varmints.

(d)

The applicant is not prohibited by law to own or possess a shotgun.

(e)

The applicant has never been convicted of a felony or of a misdemeanor involving the illegal use or possession of a firearm.

(f)

The shot size of the shells to be used by the applicant shall be number 7 ½, number 8, or number 9.

(g)

No magnum shell loads are to be used by the applicant.

(h)

The permit will be issued for one year and must be renewed to be valid.

(i)

No fee shall be required for the permit.

(j)

The permit shall be issued for a particular location which must be inspected by the chief of police prior to issuance of the permit.

(k)

The permit shall not be transferable to another person or to another location.

(Ordinance No. 01-2000 of January 13, 2000)

C.

OTHER EXCLUSIONS

This section shall not apply to:

(1)

Any organization conducting target practice under the supervision of a National Rifle Association certified instructor, or equivalent, or a rifle or pistol range approved by the city council.

(2)

Any law enforcement officer acting in the line of duty.

(3)

Law enforcement officers conducting target practice under the supervision of the chief of police.

(Ordinance No. 08-90 of May 10, 1990)

D.

POSSESSION OF FIREARMS

(1)

It shall be unlawful for any person, other than a licensed peace officer, to carry a firearm in any city building, regardless of whether or not the person is duly licensed by the state to carry a concealed handgun.

(2)

The term "city building" as used in this section is defined as any building or portion of a building owned, occupied, leased, or controlled by the city for city operations and activities.

(3)

The term "handgun" as used in this section is defined as any firearm that is designed, made, or adapted to be fired with one (1) hand; and the term "concealed handgun" as used in this section is defined as a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.

(4)

The terms "gun," "pistol," "rifle," and "firearm" as used in this section shall not only be defined as to include all percussion weapons, but shall also include all air guns, air pistols, air rifles, and all other firearms using air pressure to propel a projectile at a velocity in excess of three hundred (300) feet per second.

(5)

This ordinance shall be consistent with the Texas Penal Code Chapter 30 Section 30.06 Trespass by Holder of License to Carry Concealed Handgun and Chapter 46 Section 46.03 Places Weapons Prohibited.

(Ordinance 08-2003 of April 10, 2003)

E.

PENALTY

Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction there[of], shall be punished as provided for in Chapter 1, General Provisions, Code of Ordinances, Section 5, General Penalty for Violations of Code.

(Ordinance 08-2003 of April 10, 2003)