Memo - Second Reading of Ordinance 2012-1046 Replica FirearmsCITY OF HOPKINS
MEMORANDUM
To: Hopkins City Council
From: Police Chief Mike Reynolds
Date: April 26, 2012
Subject: Second Reading of Ordinance 2012-1046
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council approve Ordinance 2012-1046 for second reading, approve the summary of Ordinance 2012-
1046, and order the summary published and posted at the Hopkins Library.
No changes have been made to this Ordinance since the first reading.
It requires a four-fifths vote of the City Council to approve the publication of the summary
Ordinance.
Attachments:
• Summary of Ordinance 2012-1046
• Ordinance 2012-1046
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2012-1046
AN ORDINANCE REGARDING CARRYING
REPLICA FIREARMS AND BB GUNS IN A PUBLIC PLACE
The following is a summary of the major provisions of the new ordinance:
• Establishes definitions for Replica Firearms, BB Guns, and Public Place
• Prohibits the carrying of Replica Firearms and BB Guns in a Public Place unless the
Replica Firearm is carried unloaded in a secured container
• Establishes that a Violation of this section is a misdemeanor, and is punishable by
up to 90 days in jail and a $1,000.00 fine.
A printed copy of the entire ordinance is available from the City Clerk and at the Hopkins
Library.
First Reading:
April 17, 2012
Second Reading:
May 1, 2012
Date of Publication:
May 10, 2012
Date Ordinance Takes Effect:
May 10, 2012
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 f rearm
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