10-3-1 Discharge of Weapons.
A. It shall be a civil violation punishable by a fine not to exceed one hundred dollars ($100.00) for any person to negligently or purposely discharge any dart gun, BB gun, slingshot or other similar firearm or instrument or any air gun, air pistol, airsoft weapon or bow and arrow, crossbow or similar instrument within the corporate limits, except:
1. In necessary self-defense as provided by State law.
2. For the purpose of target shooting or practice on a range operated by qualified personnel and approved by the Town Council. Qualified personnel for purposes of this section shall consist of AZPOST, or its progeny, State-certified instructors, or as otherwise approved by the Town Council.
3. Target shooting on private premises with BB guns, pellet guns, air guns or slingshots, providing:
a. Target shooting or other discharge of projectiles from the firearms, instruments or weapons described in subsection (A) of this section allowed solely within the boundaries of private properties with the consent of the owner or owners of said property. However, the deliberate or negligent discharge of any projectiles from any of the various weapons or firearms described in this section on or toward any property without the consent of the owner(s) shall be deemed a violation of this section.
4. Airsoft weapons may also be discharged off of private property and within the Oro Valley town limits only under the following circumstances:
a. Any person discharging airsoft guns within the town limits must use biodegradable airsoft rounds.
b. That no person shall be permitted to discharge any airsoft weapon within one hundred (100) feet of any home, business, or government building.
c. Any person discharging an airsoft weapon must have and use protective eyewear.
d. Any airsoft weapon must have a bright color attachment on the muzzle of the weapon similar to those required under Federal law currently attached to the weapon indicating the gun is not a real weapon, but is solely intended for use as a nonlethal instrument.
B. For the purpose of this section, a “firearm” is defined as any device that expels a projectile or projectiles other than by means of expanding gases. Nothing in this section shall be deemed to apply to firearms as defined in A.R.S. 13-3101(4) nor to firearms regulated by A.R.S. 13-3107.
C. Every person convicted of a violation of this section is guilty of a civil violation and may be required to forfeit the gun or instrument so fired or discharged, in accordance with applicable procedures for forfeiture.
D. Every officer upon making any arrest and taking weapons used in violation of this section shall deliver the same to be held as evidence until the final determination of the prosecution for the offense. Upon a finding of guilty, the Court may order the weapon forthwith to be forfeited to the Chief of Police who shall make disposition of the weapon in the manner prescribed by law.
E. For special events or public or private properties where ten (10) or more persons are present and utilize target practice, firearms demonstrations or any of the weapons or other instruments listed in subsection (A) of this section are to be discharged, a permit shall be obtained from the Chief of Police prior to such event(s). Applicants for a permit shall submit to the Chief of Police information detailing the location proposed for such event, the type of use(s) proposed and all safety precautions being taken. The applicant(s) shall certify that proper safety procedures will be taken. ((O)10-09, 09/01/2010; (O)10-03, 02/03/2010)