EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Holton
A BILL ENTITLED
AN ORDINANCE concerning
Title
Weapons - Paintball, Pellet Guns
FOR the purpose of prohibiting the possession, sale or transfer, or discharge of paintball guns and similar devices; defining certain terms; imposing certain penalties; correcting, clarifying, and conforming certain related provisions governing gas- and air-pellet devices; and generally relating to guns and other devices that discharge pellets and other objects.
Body
BY repealing and reordaining, with amendments
Article 19 - Police Ordinances
Section(s) 59-26
Baltimore City Code
(Edition 2000)
BY adding
Article 19 - Police Ordinances
Section(s) 59-26.1
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 19. Police Ordinances
Subtitle 59. Weapons
§ 59-26. Gas- or air-pellet guns.
(A) DEFINITIONS.
(1) IN GENERAL.
IN THIS SECTION, THE FOLLOWING TERMS HAVE THE MEANINGS INDICATED.
(2) "GAS- OR AIR-PELLET GUN".
"GAS- OR AIR-PELLET GUN" MEAN ANY GUN OR OTHER DEVICE, BY WHATEVER NAME OR DESCRIPTION KNOWN, THAT DISCHARGES A PELLET OR OTHER OBJECT BY FORCE OF GAS OR AIR CYLINDER OR CARTRIDGE.
(3) "PERSON".
"PERSON" MEANS ANY INDIVIDUAL, PARTNERSHIP, FIRM, ASSOCIATION, CORPORATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY OF ANY KIND.
(B) [(a)] Giving, etc., to minor prohibited.
[It shall be unlawful for any persons, firm, or corporation to] NO PERSON MAY sell, give away, [lend, rent,] or otherwise transfer A GAS- OR AIR-PELLET GUN to, or permit the use OF A GAS- OR AIR-PELLET GUN by, any individual whom [any such] THAT person[, firm, or corporation] knows or has reasonable cause to believe [to be] IS a minor[, under the age of 21 years, any gun or other device, by whatever name or description known, which discharges a pellet or other object by force of gas or air cylinder or cartridge].
(C) [(b)] Discharge or use [prohibited].
[It shall be unlawful for any] NO person [to] MAY discharge or use any [gun or other device, by whatever name or description known, which discharges a pellet or other object by force of a gas or air cartridge or cylinder,] GAS- OR AIR-PELLET GUN unless the [said] gun [shall be] IS kept within his OR HER own domicile or [shall be] IS used by him EXCLUSIVELY for the purpose of teaching the use and care of [weapons or] firearms at [an] A PROPERLY CONSTRUCTED indoor or outdoor range [which shall be under the supervision, guidance, and instruction of an adult].
[(c) Same.
It shall be unlawful for any person to discharge any such gun or device from or across any street, sidewalk, alley, or public road within the limits of the City of Baltimore except on a properly constructed target range or except on private grounds or residence under circumstances where the said gun or device can be fired, discharged, or operated in such a manner as not to endanger persons or property and also in such a manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence.]
(d) Penalties.
Any [violation of the provisions] PERSON WHO VIOLATES ANY PROVISION of this section [shall be deemed to be] IS GUILTY OF a misdemeanor AND, ON CONVICTION, IS subject [upon conviction] to a fine of not more than [$500] $1,000 or to imprisonment for not [longer] MORE than [60 days] 12 MONTHS or to both fine and imprisonment[, in the discretion of the Court] FOR EACH OFFENSE.
§ 59-26.1. PAINTBALL GUNS.
(A) DEFINITIONS.
(1) IN GENERAL.
IN THIS SECTION, THE FOLLOWING TERMS HAVE THE MEANINGS INDICATED.
(2) "PAINTBALL GUN".
"PAINTBALL GUN" MEAN ANY GUN OR OTHER DEVICE, INCLUDING A GAS- OR AIR-PELLET GUN AS DEFINED IN § 59-26 OF THIS SUBTITLE, THAT IS USED OR DESIGNED OR INTENDED TO BE USED TO DISCHARGE A PAINTBALL OR OTHER OBJECT DESIGNED OR INTENDED TO MARK A TARGET WITH PIGMENTATION.
(3) "PERSON".
"PERSON" MEANS ANY INDIVIDUAL, PARTNERSHIP, FIRM, ASSOCIATION, CORPORATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY OF ANY KIND.
(B) DISCHARGE, POSSESSION, ETC., PROHIBITED.
NO PERSON MAY DISCHARGE, POSSESS, SELL, BUY, GIVE AWAY, OR OTHERWISE TRANSFER ANY PAINTBALL GUN IN BALTIMORE CITY.
(C) PENALTIES.
ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND, ON CONVICTION, IS SUBJECT TO A FINE OF NOT MORE THAN $1,000 OR TO IMPRISONMENT FOR NOT MORE THAN 12 MONTHSOR TO BOTH FINE AND IMPRISONMENT FOR EACH OFFENSE.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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