2012-1046 Establishing Section 2005.02 Replica FirearmsCITY 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:
Section42005.02. 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.
Ordinance 2012-1046
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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
101,
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By el"
Eug e . axwell, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
A OVED AS TO F RM AND LEGALITY:
ity Attorn y Signature Date