Facsimile Firearm Ordinance--City of Carrollton, Texas

Sec. 130.11. - Firearms and facsimile firearms regulated; defenses.

(A) Definitions. For the purposes of this section, the following terms, words, and the derivations thereof shall have the meanings given herein:

Facsimile firearm. Any device that so closely appears to be a firearm in size, shape, color, or design that it (1) can only be differentiated from a firearm through close inspection, or (2) is likely to cause alarm by the general public.

Firearm. Any shotgun, rifle, pistol, BB gun, air rifle, bow, or other device or instrumentality capable of propelling bullets, shot, arrows, or other solid or compact substance, whether propelled by powder, fire, or other force or by combination of such forces.

(B) Offenses.

(1) It shall be unlawful for any person to shoot, explode, or discharge any firearm within the corporate limits of the city.

(2) It shall be unlawful for any person to display or brandish a facsimile firearm in a public place within the corporate limits of the city.

(3) It shall be unlawful for any person under 17 years of age to possess a facsimile firearm in a public place within the corporate limits of the city.

(4) It shall be unlawful for any person to display or brandish a firearm or a facsimile firearm in any manner that causes alarm or reaction of any type by an officer or official of a public safety agency or a voluntary agency organized to deal with emergencies.

(C) Defenses. It is a defense to prosecution under this section that the actor was engaged in any of the following:

(1) The protection of persons or property as authorized by chapter 9 of the Texas Penal Code;

(2) The enforcement of any state, federal, or local law by a legally authorized Peace Officer;

(3) An activity or use authorized by the comprehensive zoning ordinances as adopted by reference in chapter 153 of this Code;

(4) An event, performance, demonstration or ceremony authorized through the City of Carrollton permit process wherein the firearm or facsimile firearm is significant to the activity; or

(5) An event, performance, demonstration or ceremony sponsored and conducted by a subdivision of federal, state or local government or school district wherein the firearm or facsimile firearm is significant to the activity.

(D) Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this section.

('65 Code, § 10-3) (Ord. 261, passed 12-16-63; Am. Ord. 1615, passed 2-20-90; Am. Ord. 2742, passed 11-19-02) Cross reference— Penalty, § 10.99.