This article is adopted so that the city may promote the public health, safety, morals and general welfare within the city through the regulation of the discharge of air guns, guns, firearms, explosive weapons, and similar devices. By prohibiting the discharge of guns, firearms, explosive weapons, and zip guns, and by restricting the discharge of air guns, the city seeks to prevent bodily injury, death, and property damage within the city limits.
(Ordinance 194-05-07-12, sec. 2, adopted 7/12/05)
Air gun.
Any device designed, made, or adapted to expel a projectile through a barrel by using the energy or force generated by the release of air or compressed gases. The term “air gun” includes but is not limited to BB guns, pellet guns, air pistols, paintball guns and air rifles.
City.
The incorporated municipality of the City of Bulverde, located in Comal County, Texas, its agents and assigns.
City limits.
The incorporated municipal boundaries of the city.
Club.
An instrument that is specifically designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to a blackjack, nightstick, mace, and tomahawk.
Explosive weapon.
Any explosive or incendiary bomb, grenade, rocket, or mine that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon.
Firearm.
Any device designed, made, or adapted to expel a projectile through a barrel by using the energy or force generated by an explosion or burning substance, or any device readily convertible to that use. The term “firearm” includes but is not limited to guns, handguns, machine guns, rifles, shotguns, automatic rifles, revolvers, and pistols.
Illegal knife.
A knife with a blade over five and one-half inches, a hand instrument designed to cut or stab another by being thrown, a dagger including but not limited to a dirk, stiletto and poniard, a bowie knife, a sword, a spear, or a switchblade.
Knife.
Any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.
Person.
Any human individual or corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity.
Public place.
Any place to which the public or a substantial group of the public has access, and includes, but is not limited to, parks, streets, highways, and the common areas of schools, hospitals, apartments, office buildings, transport facilities, and shops.
Public right-of-way.
The area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest.
Zip gun.
A device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.
(Ordinance 194-05-07-12, sec. 3, adopted 7/12/05)
Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding $500.00. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(Ordinance 194-05-07-12, sec. 8, adopted 7/12/05)
(a) 
Prohibited acts.
(1) 
It shall be unlawful for any person to discharge, fire, or shoot any firearm or explosive weapon within the city limits.
(2) 
It shall be unlawful for any person to discharge, fire, or shoot any firearm, explosive weapon, zip gun, or air gun of any description in any public place, on or across any public right-of-way, or across any property line within the city limits.
(b) 
Exceptions.
Subsection (a) of this section shall not apply to:
(1) 
Licensed peace officers, as that term is defined by Texas Code of Criminal Procedure, article 2.12(3), provided that such discharges are made in the course and scope of the peace officer’s official duties;
(2) 
The use of blank cartridges for a theatrical production, military ceremony, or sporting event that is either sponsored by an educational institution or issued a permit by the city;
(3) 
Self-defense or the defense of a third person, as provided by Texas Penal Code sections 9.31, 9.32, and 9.33;
(4) 
Duly designated animal control officers destroying sick, injured, or predatory animals on public or private property when the injuries are deemed by the officer to be fatal or near fatal;
(5) 
The discharge of an air gun, BB gun, paintball gun, crossbow, or bow and arrow by a citizen on his own property, provided such device is not fired into or onto another person’s property.
(Ordinance 194-05-07-12, secs. 4, 5, adopted 7/12/05)
(a) 
It shall be unlawful for any person to intentionally, knowingly, or recklessly possess or go with a firearm, illegal knife, or club, as defined and prohibited by the Texas Penal Code, air gun, explosive weapon, or zip gun on the premises of any property, building or offices utilized by the city.
(b) 
This section does not apply to licensed peace officers or those persons possessing written authorization of the city.
(Ordinance 194-05-07-12, sec. 6, adopted 7/12/05)