City of Fairfax, MN Chapter 113 Firearms and Weapons

[HISTORY: Adopted by the City Council of the City of Fairfax 12-8-1987 by Ord. No. 605. Amendments noted where applicable.]

§ 113-1 Acts prohibited.

It is unlawful for any person to:

A. Recklessly handle or use a gun or other dangerous weapon or explosive so as to endanger the safety of another;

B. Intentionally point a gun of any kind, capable of injuring or killing a human being, whether loaded or unloaded, at or toward another;

C. Manufacture, transfer, or possess metal knuckles or a switchblade knife opening automatically;

D. Possess any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another;

E. Sell or to have in his/her possession any device designed to silence or muffle the discharge of a firearm;

F. Permit, as a parent or guardian, any child under 14 years of age to handle or use, outside of the parent's or guardian's presence, a firearm or air gun of any kind, or any ammunition or explosive; or

G. Furnish a minor under 18 years of age with a firearm, air gun, ammunition or explosive without the written consent of his/her parent or guardian or of the Police Department.

§ 113-2 Possession for public exhibition or collectors of art.

Nothing in § 113-1 of this chapter shall prohibit the possession of the articles therein mentioned if the purpose of such possession is for the public exhibition by museums or collectors of art.

§ 113-3 Discharge of firearms and explosives. [1]

It is unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm, firecracker, sky rocket or other fireworks, paintball gun, air gun, air rifle, or other similar device commonly referred to as a B-B gun within the City limits of the City of Fairfax.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 113-4 Exceptions.

Nothing in § 113-3 of this chapter shall apply to a display of fireworks by an organization or group of organizations authorized in writing by the Council, or to a peace officer in the discharge of his/her duty, or to a person in the lawful defense of his/her person or family.

§ 113-5 Possession or sale of fireworks.

It is unlawful for any person to possess, sell or have in possession for the purpose of sale, except as allowed in § 113-4 of this chapter, any firecrackers, sky rockets or other fireworks.[1]

[1] Editor's Note: Original Section 605.06, Concealed hand gun and modified firearms, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 113-6 Fireworks defined. [1]

A. As used in this chapter, the term "fireworks" means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other than those specified in Subsection C, or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks.

B. The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25/100 grains or less of explosive compound are used and toy pistol caps which contain less than 20/100 grains of explosive mixture.

C. The term also does not include wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than 25/100 grains of explosive mixture. The use of items listed in this subsection is not permitted on public property. This subsection does not authorize the purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser of items listed in this subsection must be verified by photographic identification.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 113-7 Violations and penalties. [1]

Penalties for violation of the above are as found in Minn. Stat. § 609.66:

A. A violation of § 113-1E, pursuant to Minn. Stat. § 609.66(1)(a)(6), is a felony punishable by two years imprisonment or a fine of $5,000, or both. Additionally, pursuant to Minn. Stat. § 609.66(1)(a)(b)(1), if this act is conducted in a public housing zone, school zone or park zone, the punishment is no more than five years imprisonment or $10,000, or both.

(1) Exception. Pursuant to Minn. Stat. § 609.66(1)(h), silencers may be authorized for law enforcement and wildlife control purposes as set forth in that subdivision.

B. A violation of § 113-1F, pursuant to Minn. Stat. § 609.66(1)(b)(2), is a misdemeanor punishable by 90 days imprisonment or $1,000 fine, or both, except if it occurs in a public housing zone, school zone or park zone as set forth in Minn. Stat. § 609.66(1)(a)(6). In such case, the punishment is no more than one year imprisonment or $3,000 fine, or both, as provided for in Minn. Stat. § 609.66(1)(b)(1).

C. A violation of § 113-1G, pursuant to Minn. Stat. § 609.66(1)(b), is a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000, or both.

D. For all other violations of this chapter, any person, firm or corporation shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000, or imprisonment in the county jail for not more than 90 days.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).