CHAPTER 97. FIREARMS
[HISTORY: Adopted by the City Council of the City of Kellogg at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
§ 97-1. Definitions.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:- BODILY HARM
- Physical pain or injury, illness or any impairment of physical condition.
- BOWS AND ARROWS or BOW AND ARROW
- Any device or combination of devices designed to propel any arrow from a cord connecting the two ends of a bow by pulling on the cord, thus bending the bow and then releasing the cord, except it shall not mean devices of this type commonly interpreted to be toys.
- DANGEROUS WEAPON
- Any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing bodily harm, or any other device or instrument which, in the manner it is used or intended to be used, is calculated or likely to produce bodily harm.
- FIREARM
- Any device from which is propelled any missile, projectile, bullet or other mass through a barrel by means of explosives, gas, air and/or spring devices, except that any device that discharges blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports, or for use as a bird- or animal-repelling device shall not be considered a firearm for purposes of this chapter.
§ 97-2. Prohibited activity.
A. It shall be unlawful to do the following:
(1) Recklessly handle or use a firearm, bow and arrow, dangerous weapon or explosive so as to endanger the safety of another;
(2) Intentionally point a firearm of any kind, whether loaded or unloaded, at or toward another;
(3) Possess any device or weapon known as a slingshot, sand club, metal knuckles, switchblade knife, dagger, stiletto, dirk, blackjack, chain club, pipe club, Molotov cocktail, grenade, throwing star or similar device;
(4) Possess any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another; and
(5) Sell or have in possession any device designed to silence or muffle the discharge of a firearm.
B. Subsection A above shall not apply to the articles mentioned when they are carried or possessed as curiosities for their historical significance or value.
§ 97-3. Discharge and uses prohibited.
A. Except in accordance with this chapter, it shall be unlawful to discharge or use any firearm or bow and arrow within the corporate boundaries of the City.
B. Bows and arrows may be used on private property or on school and City property in connection with an organized school or recreation class, provided that the arrows used shall be equipped with blunt tips (also known as "field points" or "target arrows").
C. Firearms may be discharged on any approved firearms range or other location approved by the City Council for a special hunting program operating under a permit issued by the City Council or within any county or regional park while participating under a permit or license in a special hunting program established by the County Board.
D. Except for discharge, this section intends neither to further restrict nor to permit what is restricted in Minn. Stat. §§ 624.711 through 624.7181.
E. Under the conditions for discharge allowed in this section, it shall be unlawful for any person to be under the influence of alcohol, narcotics or any other drug when discharging a firearm or bow and arrow.
F. Nothing in this section shall be construed to include any discharge of any firearm or bow and arrow when done in the lawful defense of person, family, property or within the basement of a private residence.
G. Nothing in this section shall be construed to include any discharge of any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition when used for construction purposes.
§ 97-4. Transportation requirements.
A. It shall be unlawful to transport any firearm in a motor vehicle, airplane, snowmobile or boat unless the same is unloaded in both barrels and magazine and completely contained in a gun case expressly made for that purpose which is fully enclosed by being zipped, snapped, buckled, tied or otherwise fastened, with no portion of the firearm exposed, or unless unloaded and contained in the trunk of a car with the trunk door closed, except that pistols and revolvers may be transported when done in accordance with Minn. Stat. §§ 624.711 through 624.717.
B. It shall be unlawful to transport the following in a motor vehicle, airplane, snowmobile or boat:
(1) A bow and arrow unless unstrung, completely contained in a case or unless contained in the trunk of a car with the trunk door closed; or
(2) A muzzle-loading firearm unless fully unloaded and completely contained in a gun case expressly made for that purpose which is fully enclosed by being zipped, snapped, buckled, tied or otherwise fastened with no portion of the firearm exposed, or unless unloaded and contained in the trunk of a car with the trunk door closed. A muzzle-loading firearm with a flintlock ignition is fully unloaded it if has no priming powder in any pan, and a muzzle-loading firearm with percussion ignition is fully unloaded if it has no percussion cap on any nipple.
§ 97-5. Possession by minors.
A. Except in accordance with this section, it shall be unlawful for any person under the age of 16 years, unless accompanied by a parent or guardian, to have in his or her possession or under his or her control, any firearm for any purpose. For the purposes of this section, the word "guardian" is defined as legal guardian or any other person over the age of 18 years who has been selected by the parent or legal guardian to supervise the person under the age of 16 years while he or she has in his or her possession or under his or her control any firearm.
B. This section shall not apply to any person between the ages of 14 years and 16 years who has the certificate provided for in Minn. Stat. § 97B.015, Subdivision 5, or to any person participating in the course provided by the section to carry a properly encased and unloaded firearm to and from class and to handle the same during the instruction. Also, the person shall be allowed participation in organized target shooting programs conducted under qualified adult supervision.
C. It shall be unlawful for a parent or guardian to permit a child less than 14 years of age to handle or use outside of the parent's or guardian's presence any firearm, any ammunition or any explosive.
D. It shall be unlawful for any person to furnish a minor less than 18 years of age with any firearm, any ammunition, or any explosive without the written consent of the minor's parent or guardian.