dirtykoala
Regular Member
- Joined
- Jan 27, 2009
- Messages
- 644
imported post
edit!
edit!
(Ord. 1720 (part), 1956: prior code§ 8.01)Except as otherwise provided in this chapter no person shall have in his possession within this city, and no person shall fire or discharge, or cause to be fired or discharged within this city, nor shall any parent, guardian or person having the care, custody or control of any minor permit such minor to have in his possession within this city, or to fire or discharge or cause to be fired or discharged within the city, any firearm, cannon, fireworks, gun, pistol, revolver, anvil, firecracker or explosive of similar nature, rifle, air rifle, air-gun, BB gun or pellet gun or any instrument of any kind, character or description which throws or projects bullets or missiles of any kind to any distance by means of elastic force, air or any explosive substance, all referred to in this section as "firearms."
(Ord. 2936§ 1, 1976: Ord. 2142 (part), 1963: Ord. 1720 (part), 1956: prior code§ 8.02)(a) The provisions of Section 9.08.010 as to the use of any of the firearms mentioned therein shall not apply to any of the following cases:
(1) To police, peace officers or persons in military service in the discharge of their duties and using reasonable care;
(2) To persons using firearms in necessary self-defense;
(3) To the possession of such firearms for keeping at the place of residence or business of the person otherwise in lawful possession thereof, or while traveling to or from a legal firing, shooting or target range or hunting ground;
(4) To the discharging or firing of such firearms or causing them to be discharged or fired at a legal firing, shooting or target range or hunting ground;
(5) To the discharging or firing of fireworks after permit therefor has been issued by the fire chief;
(6) To the use of a gun firing .22 caliber shot-cartridge only, upon a written permit applied for and granted by the chief of police to protect life or property against animals, birds or rodents;
(7) To the discharging or firing of a pistol incapable of projecting any bullet or missile
(a) for the sole purpose of starting an organized athletic event, by an official who has charge of the competitors at the start of the athletic event; or
(b) for use as a theater prop in a bona fide theatrical production.
Technically is has always been null and void, the state has preemption on firearm laws. Its just bad law written, that hasn't been challenged yet.Here is the bizarre Palo Alto Muni Code you speak of.
http://www.amlegal.com/nxt/gateway.dll/California/paloalto_ca/title9publicpeacemoralsandsafety*/chapter908gunsandexplosives?f=templates$fn=altmain-nf.htm$3.0#JD_Chapter9.08
9.08.010 Firing and possession of guns and firearms.
(Ord. 1720 (part), 1956: prior code§ 8.01)Except as otherwise provided in this chapter no person shall have in his possession within this city, and no person shall fire or discharge, or cause to be fired or discharged within this city, nor shall any parent, guardian or person having the care, custody or control of any minor permit such minor to have in his possession within this city, or to fire or discharge or cause to be fired or discharged within the city, any firearm, cannon, fireworks, gun, pistol, revolver, anvil, firecracker or explosive of similar nature, rifle, air rifle, air-gun, BB gun or pellet gun or any instrument of any kind, character or description which throws or projects bullets or missiles of any kind to any distance by means of elastic force, air or any explosive substance, all referred to in this section as "firearms."
9.08.020 Exceptions.
(Ord. 2936§ 1, 1976: Ord. 2142 (part), 1963: Ord. 1720 (part), 1956: prior code§ 8.02)(a) The provisions of Section 9.08.010 as to the use of any of the firearms mentioned therein shall not apply to any of the following cases:
(1) To police, peace officers or persons in military service in the discharge of their duties and using reasonable care;
(2) To persons using firearms in necessary self-defense;
(3) To the possession of such firearms for keeping at the place of residence or business of the person otherwise in lawful possession thereof, or while traveling to or from a legal firing, shooting or target range or hunting ground;
(4) To the discharging or firing of such firearms or causing them to be discharged or fired at a legal firing, shooting or target range or hunting ground;
(5) To the discharging or firing of fireworks after permit therefor has been issued by the fire chief;
(6) To the use of a gun firing .22 caliber shot-cartridge only, upon a written permit applied for and granted by the chief of police to protect life or property against animals, birds or rodents;
(7) To the discharging or firing of a pistol incapable of projecting any bullet or missile
(a) for the sole purpose of starting an organized athletic event, by an official who has charge of the competitors at the start of the athletic event; or
(b) for use as a theater prop in a bona fide theatrical production.
Now that 2A has been incorporated, is all of this null and void?
Welcome to the forum.Here is the bizarre Palo Alto Muni Code you speak of.
...
Now that 2A has been incorporated, is all of this null and void?
Technically it is safe. But then bobbarker's arrest in Oceanside last July was a municipal code arrest, so technically that should have been safe too.so does this make it safe to UOC in palo alto or not?
Exactly. My suggestion is you call or write the city attorney. Chances are they might say, "consult your own attorney for legal advice," but they might surprise you... just sound friendly... 'you'll catch more flies with honey.'dirtykoala wrote:Technically it is safe. But then bobbarker's arrest in Oceanside last July was a municipal code arrest, so technically that should have been safe too.so does this make it safe to UOC in palo alto or not?