§ 86-10. Possession of and shooting airguns, BB guns and other toy gun, pistol, rifle or other toy firearms prohibited.

(a)

Purpose. The city council of the City of Jackson, Mississippi, is enacting this section to assist in the prevention and the spread of violence among the youth of the city. The council is authorized to enact this section pursuant to MCA 1972, § 21-17-5, as amended. The council finds that the proliferation of airguns, BB guns and other toy guns, pistols, rifles or other toy firearms from which a projectile is propelled by compressed air either by internal spring mechanism or external gas cartridge serves to compound the problem of youth violence, and by passage of this section, declares its purpose to be to combat such youth violence.

(b)

Possession of and carrying in public places.

(1)

It shall be unlawful for any person under the age of 18 years to possess and carry about his person, concealed or otherwise, along or within any of the public streets, public parks or other public places within the city, any airgun, BB gun or other toy gun, pistol, rifle or other toy firearm from which a projectile is propelled by compressed air, either by internal spring mechanism or external gas cartridge, unless said minor has the permission of a parent or guardian to do so, and is constantly accompanied by a parent, guardian or adult official of an organized youth club or organization. This shall not be construed to prevent the possession of such implements at a firing range or other licensed facility established for the purpose of training or practice in the use of firearms, provided that there is continuous adult supervision at that facility.

(2)

No parent or any other person having legal control or custody of any child under the age of 18 years shall permit such child to possess or carry on their person along or within any of the public streets, public parks or other public places within the city any kind of airgun, BB gun or other toy gun, pistol, rifle or other toy firearm as described in subsection (a)(1) above within the city, outside the supervision of a parent, guardian or adult official of an organized youth club or organization.

(c)

Shooting of within the city limits.

(1)

It shall be unlawful for any person to fire an airgun, BB gun or other toy gun, pistol, rifle or other toy firearm from which a projectile is propelled by compressed air, either by internal spring mechanism or external gas cartridge, anywhere within the city.

(2)

No parent or any other person having legal control or custody of any child under the age of 18 years shall permit such child to discharge any kind of airgun, BB gun or other toy gun, pistol, rifle or other toy firearm as described in subsection (b)(1) above within the city, unless on the grounds of a firing range or other licensed facility established for the purpose of training or practice in the use of firearms, and under the supervision of a parent, guardian or adult instructor or official employed by that facility.

(d)

Penalties. A violation of this section shall be a misdemeanor, and shall be punishable by a fine not to exceed $1,000.00 or by imprisonment up to but not exceeding the maximum time provided by state law, or both such fine and imprisonment.

(e)

Severability. If any part of this section is deemed unlawful or unconstitutional by the courts, such decision will not affect the validity of this section as a whole, or any part thereof, other than the part so declared to be unlawful or unconstitutional.

(f)

Interpretation. This section is intended to be read and enforced in conjunction with applicable state law and all other ordinances of the city, and should not be interpreted as superseding or repealing any other such ordinance previously or subsequently enacted by the governing body.

(Code 1971, § 18-18; Ord. No. 1998-35(3), 5-5-98)