Title
Committee Report: Ordinance (Paper #14-16 Prohibiting Replica Firearms)
The Standing Committee on Ordinance, to whom was referred Paper #16 Series of 2016, having considered the same make the following report: Committee recommends that this paper be reported out favorably with the following amendments:
1. That Section 7. 28.1 be amended to add the following new sentence: “Specifically excluded from this definition are antique replica firearms and replica firearms used for ceremonial purposes.”
2. That Section 7.27.2 paragraph C be amended by deleting the words “…is closed with an orange plug, permanently affixed, of the same material of which the imitation fire are is made, for” and inserting in place thereof the following: “…has a permanent orange tip…”
So that the ordinance reads as follows:
Section 7.28 Regulation of Replica Firearms
.1 Definitions.
As used herein, the following word shall have the following meanings:
Replica firearm shall mean any toy, imitation, facsimile or replica pistol, revolver, shotgun, rifle, air refile, B-B gun, pellet gun, machine gun, or other similar simulated weapon which because of its color, size, shape, or other characteristics, can reasonably be perceived to be a real firearm capable of firing a bullet or other projectile. Specifically excluded from this definition are antique replica firearms and replica firearms used for ceremonial purposes.
.2. Regulation.
No person shall sell, offer to sell, possess, use, display or give away, any replica firearm on a public property unless:
.1 The entire exterior surface of the imitation firearm is colored white, bright red, bright orange, bright yellow, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern; or
.2 The imitation firearm is constructed entirely of transparent or translucent materials which permits unmistakable observation of the imitation firearm's complete contents; and
.3 The barrel of the imitation firearm, other than the barrel of a water gun, has a permanent orange tip, at a distance of not less than one-half inch from the front end of said barrel; and
.4 The imitation firearm has legibly stamped thereon, the name of the manufacturer or some trade name, mark or brand by which the manufacturer can be readily identified; and
.5 The imitation firearm does not have a laser pointer attached.
.3 Enforcement.
If any individual under 18 years of age is found with a replica firearm by a member of the Malden Police Department, the officer shall contact his or her parent or guardian to inform them that the individual has been found with a replica firearm on public property. Parents or guardians shall be informed that they will be able to pick up the replica firearms at the district station after twenty-four hours. The officer shall confiscate the replica firearm and bring it to the district station for holding.
If the individual is 18 years of age or older, the officer shall confiscate the replica firearm(s) and inform the individual that they can pick the item(s) up at the district station after 24 hours.
.4. Penalties.
Any individual found in violation of any provision of this section in a second or subsequent instance shall forfeit the weapon, contraband, or dangerous device giving rise to the violation of such section and be subject to a fine of Fifty Dollars ($50.00).
Councillor Spadafora for the Committee