Sec. 43-1. - Definitions.

For the purposes of this chapter, the following words and terms shall have the meanings respectively ascribed to them by this section:

Air gun. The term "air gun" shall mean any air rifle, air pistol or similar gun or device for the propulsion of shot or other metal pellet by means of compressed air.

Firearm. The word "firearm" shall mean any instrument used in the propulsion of shot, shell, bullet or pellet by the action of gunpowder exploded within it.

Spring gun. The term "spring gun" shall mean any rifle or similar gun or device for the propulsion of shot (BB's) or pellets by means of mechanical spring action or other mechanical methods, including those devices ordinarily known as "slingshots" and "gravel shooters."

(Ord. No. 265, §§ 1, 12; Ord. No. 1213, § 1; Code 1961, §§ 42-1, 42-4; Ord. No. 6043-04, § 1)

Sec. 43-2. - Concealed handgun permit application fee; fingerprints required.

(a)

Pursuant to § 18.2-308(K) of the Code of Virginia, 1950, as amended, the police department is hereby authorized to charge a fee of thirty-five dollars ($35.00) for conducting background investigations for persons making applications or reapplications to the Newport News Circuit Court for concealed handgun permits. This fee shall include any amount assessed by the Federal Bureau of Investigation for providing criminal history record information, and the police department shall remit the amount assessed by the Federal Bureau of Investigation to the Virginia Department of State Police with the fingerprints taken from an applicant. The Circuit Court Clerk shall collect the fee when the concealed handgun permit application is submitted.

(b)

Pursuant to § 18.2-308(D) of the Code of Virginia, 1950, as amended, as a condition for issuance of a concealed handgun permit, an applicant shall submit to fingerprinting and provide personal descriptive information to be forwarded with the fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information from federal records pursuant to criminal history record information regarding the applicant, and obtaining fingerprint identification information from federal records pursuant to criminal investigations by state and local law-enforcement agencies.

(Ord. No. 6232-06, § 1)

Sec. 43-3. - Reserved.

Editor's note—

Ord. No. 6042-04, § 1, repealed §§ 43-2 and 43-3, which pertained to carrying concealed weapons; when lawful to carry and carrying of loaded firearms by minors. Subsequently, Ord. No. 6232-06 amended the Code by adding provisions designated as a new § 43-2. See also the Code Comparative Table.

Sec. 43-4. - Sale or delivery of weapons to minors.

If any person sells, barters, gives or furnishes, or causes to be sold, bartered, given or furnished, to any person under eighteen (18) years of age, a dirk, switchblade knife or bowie knife, having good cause to believe such other person to be under eighteen (18) years of age, such person shall be guilty of a Class 4 misdemeanor.

(Ord. No. 146; Ord. No. 265, § 12; Ord. No. 1213, § 1; Code 1961, §§ 42-1, 42-2; Ord. No. 6043-04, § 1)

State law reference— Similar provisions, Code of Virginia, § 18.2-309.

Sec. 43-5. - Sale, etc., of toy firearms discharging blank or ball charges.

(a)

No person shall sell, barter, exchange, furnish or dispose of by purchase, gift or in any other manner any toy gun, pistol, rifle or other toy firearm, if the same shall, by means of powder or other explosive, discharge blank or ball charges. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. Each sale of any of the articles hereinbefore specified to any person shall constitute a separate offense.

(b)

Nothing in this section shall be construed as preventing the sale of what are commonly known as cap pistols.

(Ord. No. 146; Code 1961, § 42-2)

State law reference— Similar provisions, Code of Virginia, § 18.2-284.

Sec. 43-6. - Sale, delivery, etc., blackjacks, metal knucks, switchblade knives and similar weapons.

If any person sells or barters, or exhibits for sale or for barter, or gives or furnishes, or causes to be sold, bartered, given or furnished, or has in his possession or under his control, with the intent of selling, bartering, giving or furnishing, any blackjack, brass or metal knucks, switchblade knife or like weapon, such person shall be guilty of a Class 4 misdemeanor. The having in one's possession of any such weapon shall be prima facie evidence, except in the case of a conservator of the peace, of his intent to sell, barter, give or furnish the same.

State law reference— Similar provisions, Code of Virginia, § 18.2-311.

Secs. 43-7, 43-8. - Reserved.

Editor's note—

Ord. No. 6042-04, § 1, repealed §§ 43-7 and 43-8, which pertained to statement prerequisite to purchase or transfer of pistol from dealer and pistol dealer's records. See also the Code Comparative Table.

Sec. 43-9. - Discharge of firearms, air guns and spring guns generally.

(a)

Except as otherwise provided in this chapter, it shall be unlawful for any person to discharge a firearm within the City of Newport News, Virginia.

(b)

Except as otherwise provided in this chapter, it shall be unlawful for any person to discharge an air gun or spring gun from, along, across, toward or within three hundred (300) yards of any paved public highway, city street, avenue, alley, right-of-way, parkway, playfield or playground or any building in the city, or to shoot same from a boat, barge, skiff or other similar vessel in the direction of any land where such boat, barge, skiff or other similar vessel is moored or otherwise located closer than one thousand (1,000) feet to such land.

(Ord. No. 265, § 2; Ord. No. 955, § 1; Code 1961, § 42-5; Ord. No. 3284-85; Ord. No. 3906-89)

State law reference— Authority of city to regulate or prohibit the discharge of firearms, Code of Virginia, § 15.2-1113; discharging firearms in city street or other public places, Code of Virginia, §§ 18.2-280, 18.2-286.

Sec. 43-10. - Discharge of air guns, spring guns and firearms.

It shall be unlawful for any person under the age of sixteen (16) years to shoot any air gun, spring gun or firearm within or into the City of Newport News, except as otherwise provided in this chapter, and only under the direct supervision of an adult.

(Ord. No. 265, § 6; Code 1961, § 42-6; Ord. No. 3284-85)

Sec. 43-11. - Exceptions to sections 43-9 and 43-10.

(a)

Nothing in this article shall be construed to prohibit the use of firearms in self-defense or in the defense or protection of property, if such use is not otherwise contrary to existing law, or the use of firearms by any police officer, city sheriff, deputy sheriff or conservator of the peace, or to prohibit the discharge of blank cartridges in theatrical performances or sporting events or to prohibit the firing of salutes by firing squads at military funerals.

(b)

Nothing in this article shall be construed to prevent the shooting of air guns or firearms within the city on a gunnery range or in a shooting area operated in accord with Article II of this chapter.

(c)

Nothing in this article shall be construed to prohibit the discharge of air rifles in areas set aside for such purposes by the director of recreation and parks pursuant to section 29-34 of this Code.

(d)

Nothing in this article shall be construed to prohibit the discharge of blank cartridges by a nationally recognized veterans group and federal or state military representatives, in the commemoration of any state or national holiday, if written notice identifying the time, date, location and description of the intended discharge has been provided to the chief of police at least five (5) days prior to the event.

(e)

Nothing in this article shall be construed to prohibit the discharge of pyrotechnic bird scaring devices for dispersing birds and wildlife pests, provided that each use is first approved by the chief of police or his designee who may impose restrictions on the time, manner and use of such devices, and provided further, that the Peninsula Airport Commission need not obtain such approval prior to using the devices.

(Ord. No. 265, §§ 3, 7; Code 1961, §§ 42-8, 42-10; Ord. No. 5364-99, § 1; Ord. No. 5428-00; Ord. No. 6292-06)

Secs. 43-12—43-20. - Reserved.