CR 2012-033 Replica Firearm in a Public PlaceApril 9, 2012 Council Report 2012-033
City Ordinance Prohibiting the General Public to Carry or Display a BB Gun or
Replica Firearm in a Public Place
Proposed Action
Staff recommends adoption of the following motion: Move to adopt City Ordinance
2012-1046 to prohibit Replica Firearms and BB Guns to be carried on a person or
displayed in public.
Overview
Over the last several years, realistic looking BB guns and air soft guns have been
manufactured and purchased by the general public. There have been several incidents
recently where Hopkins police officers have responded to 911 calls where it is
described that people are carrying and displaying firearms in a public place. Several of
these calls have resulted in the officers finding both adults and children in possession of
replica firearms. These realistic looking firearms were later determined to be either an
air soft gun or BB gun. Staff fears that members of our public will be seriously injured
or fatally wounded by the police, if restrictions are not put in place on these realistic
looking guns. There are many documented cases throughout the United States where
this has occurred due to the fact that the police officers were unable to determine if
these replica firearms were real or not. Several area metro cities do have ordinances in
place restricting any BB gun or replica firearms from being carried or displayed in a
public place. Some of those cities include: Minneapolis; St. Paul; Plymouth; Brooklyn
Center and Brooklyn Park.
Primary Issues to Consider
• Why should the City adopt a prohibition on replica firearms and BB guns
being carried or displayed in public place?
Supporting Information
• Recent police 911 calls on this topic.
• Information regarding other cities with ordinances in place prohibiting the
carrying or displaying replica firearms or BB guns in a public place.
Michae J. Reynolds
Chief of Police
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2012-1046
AN ORDINANCE ESTABLISHING
SECTION 2005.02 OF THE HOPKINS CITY CODE
THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Purpose. The City of Hopkins recognizes that there is a real danger to the public from individuals
carrying and displaying realistic looking BB and air soft guns. The Hopkins Police Department
has received calls from concerned citizens who believe that these are real weapons. There exists
the possibility that members of the public will be seriously injured through the justifiable actions
of police officers who must deal with, what appears to be, an individual carrying an actual
firearm. The City of Hopkins therefore adopts the following ordinance which restricts the ability
to carry or display replica firearms in a public place.
That Section 2005.02 be added to read as follows:
Section 2005.02. Replica Firearms and BB Guns. Subdivision 1. Definitions.
"BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less in diameter.
"Public Place" means any building or establishment, place, or public street or highway, where
the business, social or governmental activity ordinarily conducted is generally held, open to the
public; specifically including, but not limited to, such locations as governmental buildings,
meeting halls, centers for art and culture, places of amusement, liquor or beer establishments,
and restaurants. It shall also include the yard or curtilage surrounding any residential dwelling or
other building which is visible from the street or neighboring structures.
However, Public Place shall not include
a. Premises licensed for the sale of firearms;
b. Business premises at which the legal buying, selling, repair, or trade in weapons is
regularly conducted, or;
C. Places at which an event or activity is conducted involving the exhibition, display,
or carrying of a weapon, done in a manner not intended or calculated to result in or lead
to the unlawful use of the weapon, including, but not limited :to, educational or training
programs, weapons or collectors' shows or exhibitions, or religious, artistic, educational,
or, cultural events; or
d. Parades or other public events when the use or display of weapons is specifically
authorized by the City for such events.
"Replica' Firearm" means a device or object that is not defined as a dangerous weapon, and 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. The term replica firearm
includes, but is not limited to, all Airsoft guns and devices or objects that are designed to fire
only blanks.
Subd. 2. Prohibition. No person shall carry on or about his or her person or possess a BB
gun or Replica Firearm in a Public Place.
Subd. 3. Exceptions. The provisions of this section shall not apply to the carry or
possession of a BB Gun or Replica Firearm by licensed peace officers, their agents, or military
personnel while acting in the course of their duties. A BB Gun or Replica Firearm may be carried
or possessed between motor vehicles and places where possession of a firearm or a facsimile
firearm is lawful if the Replica Firearm is carried unloaded in a secured container.
Subd. 4. Penalty. Violation of this section is a misdemeanor, and is punishable by up to 90
days in jail and a $1,000.00 fine.
Section 2. The effective date of this ordinance shall be the date of publication.
First Reading: April 17, 2012
Second Reading: May 1, 2012
Date of Publication: May 10, 2012
Date Ordinance Takes Effect: May 10, 2012
ATTEST:
Kristine Luedke, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
Gene Maxwell, Mayor
Statement of:
Airsoft Gun Phone Call Report
Case #:
12000727
Date:
04/10/2011
Page:
Page 1 of 2
Edina Dispatch transfers phone call to the Hopkins Police Department on 03/09/2012 at approximately
1800 hours. Reporting party states they are seeing males with guns in their neighborhood.
DG Dispatcher Colleen Graham
RP Reporting Party, unknown voice
HPD Hopkins 911.
EPD Edina with a transfer.
HPD Thank you. (Unintelligible)
RP Hello
DG Hello, can, I help you?
RP Yeah, uhm. Me and two girls are in the house and we just saw a guy get outta the car with a gun
and they're parked at a house right next door to us.
DG Okay, what's, ah, the address?
RP Uhm, we -we're not sure if, like, it was, like, absolutely, like, a totally real gun, but it scared the
hell out of us. And, he was wearing all black and hooded and a ski mask and it was a gun and they
went to the door at, uhm, well, at 641 - 7th Avenue South.
DG 641 - 7th Avenue South?
RP Yeah.
DG And, what house did he go up to? Is it right next door?
RP Right next door.
DG Is that to the north or south of you?
RP Uhm, well, eh, ah, we're the second house from the stop sign and it, it was the first house at the
stop sign.
DG So, it's the first house on the corner?
RP Yeah.
DG And, do you know which corner is that? Is that, like, the northwest corner, or?
RP I have no idea. It's, I mean, our house is like all wood and his house has, like, I, I really don't
know. It's just 7th, uhm, 641 - 7th Avenue South.
Signature of person giving statement Date Signature of Department Representative
Transcribed By Date
Date
Statement of.
Airsoft Gun Phone Call Report
Case #:
12000727
Date:
04/10/2011
Page:
Page 2 of 2
DG Okay. And, what kind of gun did he have?
RP Uhm, it just looks like any kindda gun that a cop would have. It's one, like, it was small, right.
(Voice in background, "Yeah, it was small, I think.") Yeah. Uhm, we're alone, like, it's just up,
we're at my dad's not home.
DG Okay. And, so, it looked like a handgun?
RP Yeah. Like a handgun. But, I mean, they play paintball sometimes, but they use big guns and
they're, like, clear. They're not black.
DG Okay. You said he got out of a car?
RP Yeah. And, I really don't wanna check, cause he, I think he mightta saw us and I don't want him
to know that we're here, cause we are, there's no one else here.
DG Okay. And. Can you tell what kindda car it is at all?
RP It was just, eh, I, I really don't wanna check, but it...
DG ...Okay...
RP ...looked just like a small car. You know? I know it was definitely dark, like a black or a dark
blue. (Voice in background. "Um. Hmm.")
DG And, is it still parked out front?
RP I,1 really don't wanna check.
DG Okay
RP I'm sorry.
DG Okay. Alright. Uhm, I'm gonna put you on hold.
RP Alright.
DG And, I'll start the squads down there. But, hold on.
END OF RECORDING
Signature of person giving statement Date
Transcribed By I Date
Signature of Department Representative Date