An Article to regulate the sale, rental, transfer, possession and use of pellet guns and to provide penalties for violation thereof.
(Ord. No. 121, October 7, 1964; Sec. 22, C.O. 1971; Sec. 22-4.1, R.C.O. 1976)
When used in this Article the following words or phrases shall have the meaning given in this Section unless it appears from the context that a different meaning is intended:
means any person engaged in the business of selling or renting pellet guns.
means any gun, rifle or pistol by whatever name known, which is designed to discharge a pellet or B.B. shot by the action of compressed air or gas, or by the action of a spring or elastic device, but does not include any firearm.
(Ord. No. 121, October 7, 1964; Sec. 22, C.O. 1971; Sec. 22-4.2, R.C.O. 1976)
(a)
It shall be unlawful for any dealer to sell, lend, rent, give or otherwise transfer a pellet gun to any person under the age of eighteen (18) years where the dealer knows or has reasonable cause to believe the person to be under eighteen (18) years of age or where the dealer has failed to make reasonable inquiry relative to the age of that person and the person is under eighteen (18) years of age.
(b)
It shall be unlawful for any person to sell, lend, rent, give or otherwise transfer any pellet gun to any person under eighteen (18) years of age, except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between the person and the person under eighteen (18) years of age.
(Ord. No. 121, October 7, 1964; Sec. 22, C.O. 1971; Sec. 22-4.3, R.C.O. 1976)
(a)
It shall be unlawful for any person under eighteen (18) years of age to carry any pellet gun on the streets, alleys, public roads, or public lands unless accompanied by an adult, provided that the person under eighteen (18) years of age not so accompanied may carry a pellet gun unloaded or in a suitable case securely wrapped.
(b)
It shall be unlawful for any person to discharge any pellet gun from or across any street, sidewalk, alley, or public land, or any public place, except on a properly constructed target range.
(c)
It shall be unlawful for any person to discharge any pellet gun on any private parcel of land or residence in such a manner that the pellet or B.B. shot may reasonably be expected to traverse any ground or space outside the limits of a parcel of land or residence or in a manner that persons or property may be endangered, provided, that nothing in this Article is to prevent any person who has obtained a hunting license pursuant to Chapter 187, H.R.S., from engaging in hunting in accordance with law.
(d)
It shall be unlawful for any person to discharge any pellet gun in a manner or under circumstances that persons or property may be endangered.
(Ord. No. 121, October 7, 1964; Sec. 22, C.O. 1971; Sec. 22-4.4, R.C.O. 1976)
Notwithstanding any provision of this Article to the contrary, it shall be lawful for any person under eighteen (18) years of age to have in his or her possession any pellet gun if it is:
(a)
Kept in his or her domicile.
(b)
Used by a person under eighteen (18) years of age, who is a duly enrolled member of any club, school or society organized for educational or training purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor target range, when the pellet gun is used at a target range under the supervision, guidance and instruction of a responsible adult.
(c)
Used in any private parcel of land, or residence under circumstances in which the pellet gun can be fired, discharged, or operated in a manner so as not to endanger persons or property and in a manner so as to prevent the pellet or B.B. shot from traversing any grounds or space outside the limits of a parcel of land or residence.
(d)
Used in hunting or going to or from the place of hunting in accordance with law by the person under eighteen (18) years of age, who has obtained a hunting license pursuant to Chapter 187, H.R.S., or who has obtained a hunting license.
(Ord. No. 121, October 7, 1964; Sec. 22, C.O. 1971; Sec. 22-4.5, R.C.O. 1976)
Any person convicted of violating any provisions of this Article shall be fined not exceeding five hundred dollars ($500.00) for each offense.
(Ord. No. 121, October 7, 1964; Sec. 22, C.O. 1971; Sec. 22-4.6, R.C.O. 1976)
Any police officer who arrests any person for the violation of any provision of this Article shall seize the pellet gun. Upon conviction of the person, the pellet gun so seized shall be forfeited to the County of Kaua'i and the Chief of Police shall sell the pellet gun at a public auction once annually, at a time and place as he or she may designate. Notice of public auction shall be published in a newspaper of general circulation once, not less than twenty (20) days before the auction. The proceeds from all sales shall be used to defray the expenses of the auction and the balance shall become a general realization of the County of Kaua'i.
(Ord. No. 121, October 7, 1964; Sec. 22, C.O. 1971; Sec. 22-4.7, R.C.O. 1976)