§ 130.01. FIREARMS; DANGEROUS WEAPONS.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DANGEROUS WEAPONS. Any of the following objects:

(1) Dagger, dirk or stiletto;

(2) Saber or sword;

(3) Switchblade knife, spring blade knife or any knife the blade of which can be opened with one hand by gravity, a flick of the wrist or some type of mechanism;

(4) Blackjack, sand club, sap, sap gloves, pipe club, bludgeon or mace club;

(5) Chain club or chains assembled or used as an assault weapon;

(6) Artificial knuckles or other objects designed to be worn over the fists or knuckles;

(7) Throwing devices with cutting or pointed edges;

(8) Japanese or other night sticks, nut crackers, nanchuks, chakas, flails, karate sticks or morning stars;

(9) Sling shots;

(10) Spears or lances;

(11) Bow and arrow, blow gun, splat ball gun or paint gun; and

(12) Firearm.

EXPLOSIVE. An explosive device or incendiary device, as defined in M.S. § 299F.72, as it may be amended from time to time.

FIREARM. A weapon from which is propelled a missile, projectile or bullet by means of explosives, gas or compressed air, springs, or elastic materials and shall include air and “BB” guns.

MINOR. A person who is less than 18 years old.

PUBLIC PLACE. An area, building or structure that is open and accessible to the public.

REPLICA FIREARM. A device or object that is a facsimile or toy version of, and reasonably appears to be a pistol, revolver, shotgun, sawed off shotgun, rifle, machine gun, rocket launcher or any other firearm.

(B) Sale to minors. No person shall sell or transfer a dangerous weapon or explosive to a minor unless the minor's parents or guardian is present at the time of the sale or transfer and gives the person his or her express written consent to the proposed transaction.

(C) Carrying by intoxicated or influenced persons. No person who is under the influence of intoxicating liquor or a controlled substance shall carry a dangerous weapon or explosive upon his or her person or in any vehicle.

(D) Possession prohibited.

(1) Unless permitted by the Carver County Sheriff, no person shall have a dangerous weapon or explosive in his or her possession, custody or control in a public place, in or on private property of another without their permission, or in a motor vehicle, except in compliance with the following:

(a) A dangerous weapon or explosive may be transported by a person directly to or from his or her place of business, the place of purchase, a gun dealer, a gunsmith, a place of target practice or his or her home.

(b) A dangerous weapon or explosive may be transported only if it is:

1. In a closed and fastened container or securely tied package;

2. In the locked trunk of any vehicle which is used or, if the vehicle does not have a trunk, in the farthest rear portion of the vehicle in an area not normally occupied by the driver or passengers; and

3. Unloaded, disassembled or otherwise rendered incapable of immediate operation, if possible.

(2) The presence of a dangerous weapon or explosive in a passenger automobile, van, pick-up truck or sport utility vehicle permits the fact finder to infer knowing possession of the dangerous weapon or explosive by the driver or person in control of the vehicle when the weapon or explosive was in the vehicle. The inference does not apply:

(a) To a licensed operator of a vehicle who is at the time operating it for hire in the lawful and proper pursuit of the operator's trade;

(b) To any person in the vehicle if one of them legally possesses a dangerous weapon or explosive; or

(c) When the dangerous weapon or explosive is concealed on the person of one of the occupants.

(3) No person shall possess, carry, transport or control any knife or bladed instrument capable of cutting, stabbing or injuring while on school property, in a school bus, or on public streets or sidewalks adjacent to a school, except when knives and bladed instruments are used as part of an instructional activity carried on in the school, used in the preparation or consumption of food in a lunchroom or kitchen, or used as a tool by a person authorized to perform construction, repair or maintenance services on school property.

(E) Use or discharge.

(1) No person shall in any public or private place use a dangerous weapon or explosive or discharge a firearm if the firearm is loaded with powder, a blank cartridge, explosive, bullet, pellet or shot without first obtaining a permit from the Carver County Sheriff as set forth in division (F) below.

(2) The prohibition in division (1) shall not apply to:

(a) Licensed peace officers and other personnel authorized by the Carver County Sheriff; and

(b) People lawfully acting in the defense of themselves or others.

(F) Permit application, granting and revocation.

(1) Permit issuance. A person may apply to the Carver County Sheriff for a permit to possess, use or transport a dangerous weapon or explosive or to discharge a firearm contrary to the provisions of divisions (D) and (E). An application for a permit shall be in writing and shall state the reason for requesting the permit, the period for which permit is desired, the type of dangerous weapon, explosive or firearm involved, the proposed activity or use, and any other information that the Carver County Sheriff deems useful to review the application. The Sheriff shall issue a permit only if he or she determines that the proposed use is for a lawful purpose and will be carried out in a safe manner. The Carver County Sheriff may impose conditions to assure the lawful and safe use of the permit and may specify the firearm, explosive or dangerous weapon to be used and the times, places and circumstances of use. Permits shall be usable only by the person to whom issued.

(2) Ineligible people. No permit under this section may be issued if the Carver County Sheriff determines that the applicant is one of the following categories of people:

(a) Those listed in M.S. § 624.713, as it may be amended from time to time;

(b) A person who presently has a court restraining order against them, issued because of assaultive, aggressive or threatening behavior;

(c) A person who is presently on court-ordered probation as the result of a criminal conviction involving assault or disorderly conduct; or

(d) A person who, within the preceding two years, handled a dangerous weapon, explosive or firearm in a negligent, careless or reckless manner or in a manner that unreasonably alarms any person.

(3) Permit revocation.

(a) Any permit issued pursuant to this chapter may be revoked if the Carver County Sheriff determines that:

1. The terms and conditions of the permit are being or have been violated;

2. Continued use of the permit is or may be a danger to the public safety or any property;

3. The permit holder has used the permit to violate any law or city ordinance;

4. The permit holder falsified any information or omitted material information in the application; or

5. The permit holder is or has become one of the persons listed in division (2) above.

(b) The Carver County Sheriff shall revoke the permit by giving written notice to the permit holder. The revocation shall be effective upon delivery of the written notice to the address of the permit holder set forth in the permit application.

(c) Any permit holder aggrieved by a revocation of a permit may appeal the decision to the Carver County Court.

(d) Any permit revoked pursuant to this section shall remain revoked during the pendency of an appeal.

(G) Organized club permit. The Mayer City Council may issue a special permit to an organized gun club to allow shooting of firearms by members and their guests on club property. The permit shall not be issued if the proposed activity would be a safety hazard or a nuisance to surrounding properties. The City Council may prescribe the hours of operation and types of firearms to be used.

(H) Confiscation. The Carver County Sheriff may confiscate and dispose of a dangerous weapon or explosive worn, carried, possessed, used or handled in violation of any ordinance or state statute. The Sheriff may provide for its sale, destruction or other disposition.

(I) Civil liability. Nothing in this section authorizes the use of dangerous weapons, explosives or firearms in a manner which will endanger a human being or property, and no permit issued relieves a person from civil liability from damage resulting from use of the permit.

(J) Replica firearms. No person shall display, exhibit, brandish or otherwise employ a replica of a firearm in a threatening manner if, in doing so, the person either:

(1) Causes or attempts to cause fear in another person; or

(2) Acts in reckless disregard of the risk of causing fear in another person.

(Ord. 91, passed 5-11-98) Penalty, see § 10.99

Cross-reference:

General Licensing Regulations, see Chapter 110