Friendswood Police Express Concerns Over Air Soft Rifles
Posted: Tue Feb 28, 2006 1:40 pm
http://www.groupbuilder.net/uploads/Cit ... irguns.pdf
Excerpt:
"SCENARIO: The Friendswood Police Department receives a frantic 911 call in the late evening hours of December 25, 2005. The caller states there is a male dressed in black actively shooting at an apartment building. Police respond preparing for the worst. Officers arrive on scene, and after a thorough investigation, it is determined that the male was shooting an air soft pellet rifle at his friend who was in a first floor apartment balcony. The air soft rifle very much resembled the military-style M-16 issued to the armed forces. After discussion with the Harris County DA’s office the male was arrested for Disorderly Conduct. It is calls of this nature that raise many concerns for police and citizens when it comes to the usage of air-soft pellet weapons. "
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Now, I'm not saying that whoever was playing airsoft wasn't asking for trouble... but it seems that the Harris County DA is playing fast and loose with the law here by charging him with Disorderly conduct. Airsoft guns are clearly not firearms or deadly weapons.
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"Friendswood City Ordinance Sec. 54-1 Discharging firearms; penalty. (a) It shall be unlawful for any person to discharge any gun, pistol or other firearm, or any air rifle or air pistol, of any description, within the corporate boundaries of the city. This section shall not be construed to prohibit an officer of the law from discharging a firearm when lawfully defending persons or property. Provided, however, that the provisions of this section shall not be applicable to the discharge of firearms at bona fide gun clubs lawfully operating pursuant to the city zoning ordinance (appendix C to this Code).
(b) Any person who discharges any gun, pistol or other firearm, or any air rifle or air pistol of any description, by whatsoever name known, in violation of the provisions of the provisions of this section shall, upon conviction, be fined pursuant to section 1-14.
(Code 1974, § 12-1; Ord. No. 91-28, §§ 1, 2, 10-21-1991; Code 1994, § 54-1)
State law references: Municipal authority to regulate discharge of firearms in municipal limits, V.T.C.A., Local Government Code § 229.001 (b); firearms, V.T.C.A., Local Government Code § 229.001; offense of discharging weapons, V.T.C.A., Penal Code § 42.01 (9)- -(11).
What the city ordinance basically states is anybody who discharges a gun, pistol or other firearm, or any air rifle or air pistol within the city of Friendswood, is subject to a class C citation with a fine totaling $260.00. This ordinance also applies to all paintball, pellet, and BB guns.""
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Now this is a bunch of bull. Apparently Friendswood City Ordinance specifically makes execeptions for Law enforcement "discharging a firearm when lawfully defending persons or property" but not citizens??? I assume state law over-rides this?
Also who knew that technically it was illegal to discharge a paintball, pellet, BB, or airsoft guns in the city limits of Friendswood?
Excerpt:
"SCENARIO: The Friendswood Police Department receives a frantic 911 call in the late evening hours of December 25, 2005. The caller states there is a male dressed in black actively shooting at an apartment building. Police respond preparing for the worst. Officers arrive on scene, and after a thorough investigation, it is determined that the male was shooting an air soft pellet rifle at his friend who was in a first floor apartment balcony. The air soft rifle very much resembled the military-style M-16 issued to the armed forces. After discussion with the Harris County DA’s office the male was arrested for Disorderly Conduct. It is calls of this nature that raise many concerns for police and citizens when it comes to the usage of air-soft pellet weapons. "
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Now, I'm not saying that whoever was playing airsoft wasn't asking for trouble... but it seems that the Harris County DA is playing fast and loose with the law here by charging him with Disorderly conduct. Airsoft guns are clearly not firearms or deadly weapons.
-----------------------------------------------------------------------------
"Friendswood City Ordinance Sec. 54-1 Discharging firearms; penalty. (a) It shall be unlawful for any person to discharge any gun, pistol or other firearm, or any air rifle or air pistol, of any description, within the corporate boundaries of the city. This section shall not be construed to prohibit an officer of the law from discharging a firearm when lawfully defending persons or property. Provided, however, that the provisions of this section shall not be applicable to the discharge of firearms at bona fide gun clubs lawfully operating pursuant to the city zoning ordinance (appendix C to this Code).
(b) Any person who discharges any gun, pistol or other firearm, or any air rifle or air pistol of any description, by whatsoever name known, in violation of the provisions of the provisions of this section shall, upon conviction, be fined pursuant to section 1-14.
(Code 1974, § 12-1; Ord. No. 91-28, §§ 1, 2, 10-21-1991; Code 1994, § 54-1)
State law references: Municipal authority to regulate discharge of firearms in municipal limits, V.T.C.A., Local Government Code § 229.001 (b); firearms, V.T.C.A., Local Government Code § 229.001; offense of discharging weapons, V.T.C.A., Penal Code § 42.01 (9)- -(11).
What the city ordinance basically states is anybody who discharges a gun, pistol or other firearm, or any air rifle or air pistol within the city of Friendswood, is subject to a class C citation with a fine totaling $260.00. This ordinance also applies to all paintball, pellet, and BB guns.""
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Now this is a bunch of bull. Apparently Friendswood City Ordinance specifically makes execeptions for Law enforcement "discharging a firearm when lawfully defending persons or property" but not citizens??? I assume state law over-rides this?
Also who knew that technically it was illegal to discharge a paintball, pellet, BB, or airsoft guns in the city limits of Friendswood?