§ 34-1. Firearm regulations.

(a)

Prohibition. It shall be unlawful for any person to discharge a firearm in the city projecting lead or any other projectile, except as permitted herein.

(b)

Law officers and National Guard. Any officer of the law or member of the National Guard may discharge a firearm in the performance of his duty.

(c)

Defense of person or property. A person is not prohibited from discharging a firearm when lawfully defending person or property.

(d)

BB guns and air guns. The discharging of BB guns and air guns is not prohibited.

(e)

Lawful hunting. A person engaged in lawful hunting may discharge a shotgun only under the following conditions;

(1)

The person must be engaged in lawful hunting on private property only, at the time of the discharge of the shotgun.

(2)

A shotgun shall not be discharged in, on, across or within 600 feet of any street, public road, public highway, railroad or any right-of-way thereof.

(3)

A shotgun shall not be discharged in, on or within 600 feet of any house, mobile home, other residential structure or any other type of building which has not been abandoned.

(4)

At least one person engaged in the discharge of such firearm in lawful hunting must possess a valid permit from the city at the time, or have in his possession a letter of permission from the holder of such valid permit.

a.

Persons must apply for the granting of a permit which, if approved, shall be issued on an annual basis, being valid from July 1 through June 30 of the following year, at which time such permit expires, unless the holder thereof shall make application for renewal.

b.

No fee will be charged for the application or issuance of a permit.

c.

No permit will be granted to hunt on public property, or private property of less than 25 acres in size.

d.

The applicant for the hunting permit shall provide proof acceptable to the building official of the ownership of the property, the leasehold interest (if any) and signed written permission from the owner, giving permission to the applicant to hunt (if the applicant is not the owner). The property shall be described to the satisfaction of the building official and in such manner as may be easily determined by representatives of the city.

e.

The permit holder shall assume all liability associated with the discharge of firearms on such property.

f.

All permits must be issued by the building official of the city.

(5)

"Lawful hunting" is defined as hunting such animals by such persons at such times and under such conditions as permitted by the state.

(f)

Prohibition of carrying firearms. No firearm may be possessed or carried in a public park, at a public meeting of the city or any other governmental body, at a political rally, parade or official political meeting, or at a non firearm-related school, college or professional athletic event. However, this prohibition does not apply if the firearm is in or carried to and from an area designated for use in a lawful hunting, fishing or sporting event and the firearm is of the type commonly used in the activity.

(g)

Penalties for violation. Violations of the provisions of this section may be punishable by fine of not more than $500.00 and/or by punishment of incarceration for a period of not more than 30 days, or both.

(Ord. of 3-7-89, § I; Ord. of 4-21-98, §§ 1—7; Ord. of 3-16-99(1), §§ 1—7)

State law reference

State pre-emption of firearm regulation, MCA 1972, § 45-9-51; exceptions to pre-emption, MCA 1972, § 45-9-53.

Cross reference

Firearms prohibited in cemeteries, § 15-45.