Sec. 21-151. - Definition of firearm.

As used in this article, the term "firearm" shall mean any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.

(Ord. No. 79328, § 1, 12-16-93)

Sec. 21-152. - Discharge of firearm.

(a)

It shall be unlawful for any person to discharge a firearm within the city limits of the City of San Antonio.

(b)

It is an affirmative defense to prosecution for a violation of this provision that:

(1)

The person discharging the firearm was a certified peace officer at the time and the discharge was done in the performance of his duties as such; or

(2)

The person discharging the firearm was a certified security guard at the time and the discharge was done in the performance of his duties as such; or

(3)

The discharge was justified under the provisions of Chapter 9 of the Texas Penal Code; or

(4)

The discharge occurred at a firing range or other area designated for target practice.

(Ord. No. 79328, § 2, 12-16-93; Ord. No. 84805, § 1, 9-19-96)

Sec. 21-153. - Carrying a firearm prohibited; exceptions.

(a)

It shall be unlawful for any person to carry a firearm within the city limits of the City of San Antonio at:

(1)

A public park; or

(2)

A public meeting of a governmental body; or

(3)

A political rally, political parade, or official political meeting; or

(4)

A nonfirearms-related school, college, or professional athletic event.

(b)

It is an affirmative defense to prosecution for a violation of this provision that:

(1)

The firearm is being carried by a certified peace officer; or

(2)

The firearm is being carried by a certified security officer in the performance of his employment.

(Ord. No. 79328, § 3, 12-16-93; Ord. No. 84805, § 2, 9-19-96)

Sec. 21-154. - Possession of or access to firearm by person under seventeen years of age.

(a)

It shall be unlawful for any person seventeen (17) years of age or older to intentionally, knowingly, recklessly, or with criminal negligence facilitate, suffer, or permit the discharge of a firearm by any person under the age of seventeen (17) by allowing that person to obtain unsupervised access to the firearm.

(b)

It shall be unlawful for any person seventeen (17) years of age or older to intentionally, knowingly, recklessly, or with criminal negligence facilitate, suffer, or permit the physical possession of a firearm by any person under the age of seventeen (17) by allowing that person to obtain unsupervised access to the firearm.

(c)

It is an affirmative defense to prosecution under subsections (a) and (b) that:

(1)

The firearm was possessed or discharged at a firing range or an area designated for target practice and was possessed or discharged under the supervision of any person seventeen (17) years of age or older; or

(2)

The access to the firearm was obtained as a result of the commission of a crime; or

(3)

The possession or discharge of the firearm was justified under the provisions of Chapter 9 of the Texas Penal Code; or

(4)

Reasonable precautions under the attendant circumstances were taken to prevent unsupervised access to the firearm by any person under the age of seventeen (17).

(Ord. No. 79328, § 4, 12-16-93; Ord. No. 84805, § 3, 9-19-96)

Sec. 21-155. - Possession of knife.

It shall be unlawful for any person under the age of seventeen (17) to possess or carry any knife on a public roadway or public right-of-way; on any other property in which a governmental entity has an interest; or on private property without the permission of the owner or the person in control of the property within the city limits of the City of San Antonio.

(Ord. No. 79328, § 5, 12-16-93)

Cross reference— Certain knives prohibited generally; exceptions, § 21-17.

Sec. 21-156. - Possession of firearm restricted.

(a)

It shall be unlawful for any person under the age of seventeen (17) to carry a firearm on a public roadway or public right-of-way; on any other property in which a governmental entity has an interest; or on private property without the permission of the owner or person in control of the property within the city limits of the City of San Antonio.

(b)

It is an affirmative defense to prosecution for a violation of this provision that: The firearm is being carried at a firing range or an area designated for target practice.

(c)

Law enforcement officers authorized to enforce this article are hereby authorized to seize any firearms in the possession of any person under the age of seventeen (17) in the city limits of the City of San Antonio where there is probable cause to believe said firearms are being or will be used in the commission of a crime or where they pose a danger to said persons or others. The firearms shall be held by the San Antonio Police Department and released only to an adult who can demonstrate ownership. This provision will serve to prevent those under the age of seventeen from harming themselves or others. Firearms not claimed within ninety (90) days shall be destroyed.

(d)

A letter shall be sent by the Department of Community Initiatives to the parent(s) or guardian(s) of any person charged under this section advising of the charge and asking for their cooperation in better supervising the child.

(Ord. No. 79328, § 6, 12-16-93; Ord. No. 84805, § 4, 9-19-96)

Sec. 21-157. - Carrying of weapons, including concealed handguns, on city-owned premises prohibited; posting of notice.

(a)

It is the intent of the city council to prohibit any person other than a commissioned security officer employed by the city and licensed peace officers from carrying or possessing weapons including concealed handguns on city-owned premises, including city-owned buildings, parking garages, lots, and other parking areas but excluding city-owned or operated public parks, streets and sidewalks.

(b)

It is the intent of the city council that the term weapon shall include a firearm, handgun, club, illegal knife, knife, and any prohibited weapon listed in Texas Penal Code Section 46.05(a) and have the same meaning as said items are defined in Section 46.01, Texas Penal Code.

(c)

The city council directs the city manager, or his designee to post the appropriate signs and such other notice, in accordance with Section 30.05 of the Texas Penal Code (the Criminal Trespass Law), to carry out the city council's above-stated intent.

(d)

The city manager is authorized to take all steps reasonable and necessary to deny entry or continued presence on city-owned premises to all such persons possessing weapons including concealed handguns, including prosecution of such violators for the offense of criminal trespass.

(Res. No. 95-52-66, 12-21-95)

Editor's note—

Provisions enacted by Res. No. 95-52-66, adopted Dec. 21, 1995, have been included herein at the discretion of the editor as § 21-157

Secs. 21-158—21-160. - Reserved.