[Amended 11-18-1991; 1-22-2004 by Ord. No. 47.121.03]
Any person, other than a peace officer, who
shall in any public street, highway or place within the City of Albany
have upon his person or carry any loaded pistol, revolver or other
firearm without having been authorized as provided by law to carry
the same shall be guilty of a misdemeanor, punishable by a fine not
exceeding $1,000 or by imprisonment not exceeding one year, or by
both such fine and imprisonment.
Any person, except as provided in this article,
who has occasion to carry a loaded revolver, pistol or firearm for
his protection may apply to the Commissioner of Police, and such officer,
if satisfied that the applicant is a proper and law-abiding person,
shall give said person a permit allowing him to carry such loaded
firearm for such period of time as he may deem proper. Any nonresident
who does business in the City of Albany and has occasion to carry
a loaded pistol, revolver or firearm while in said City must make
application for permission to do so, to the Commissioner of Police,
in the same manner as is required of residents of said City and shall
be subject to the same conditions and restrictions.
If, at the time of arrest, a loaded pistol,
revolver or firearm of any description shall be found concealed on
the person of the one arrested, the officer making the arrest shall
state such fact to the Magistrate before whom the prisoner is brought
and shall make a separate complaint against such prisoner for violation
of the provisions of this article.
The Commissioner of Police is hereby authorized
and empowered, for reasons appearing to be satisfactory to him, to
annul or revoke any permission given under this article. Every person
to whom permit shall be granted as above provided shall pay therefor
the sum of two dollars and fifty cents ($2.50), which shall be applied
in aid of the Police Pension Fund; and a return, in detail, shall
be made monthly by the Commissioner of Police to the Comptroller of
the City of the amount so received and credited. All persons to whom
such permission shall be granted are hereby declared to be individually
responsible for their own acts, or the consequences that may arise
from the use of loaded pistols, revolvers, or firearms, carried under
the permission obtained as provided in this article.
All ordinances or parts of ordinances of the
City of Albany, inconsistent with the provisions of this article are
hereby repealed.