§ 46-12. Discharge of firearms and other weapons.

(a)

Discharging firearms.

(1)

It shall be unlawful and a class 1 misdemeanor for any person to discharge any firearm within the Town of Marion, except at an authorized shooting range.

(2)

This section shall not apply to any law enforcement officer in the discharge of his official duties, nor to any other person whose discharge of a firearm is justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law.

(b)

Discharging pneumatic gun.

(1)

No person shall, anywhere within the Town of Marion, discharge a shot, stone, gravel, BB, pellet, paintball, or similar object from a pneumatic gun, or other similar instrument except as authorized by this article. For the purpose of this section, "pneumatic gun" means any implement designed as a gun that will expel a BB, pellet, paintball, or similar object by action of pneumatic pressure.

(2)

No person under the age of 16 shall use a pneumatic gun in areas designated as so heavily populated as to make such conduct dangerous to the inhabitants thereof or in areas not so designated without being under the direct supervision by a parent, guardian, or other adult supervisor approved by a parent or guardian of any minor below the age of 16 in all uses of pneumatic guns on private or public property. Minors above the age of 16 may, with the written consent of a parent or guardian, use a pneumatic gun on private property with the consent of the owner. The minor, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use.

(3)

The use of pneumatic guns is allowed at facilities approved for shooting ranges, on other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property. Shooting ranges shall be certified by the National Rifle Association, the Commonwealth of Virginia or a federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges.

(4)

Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, Junior Reserve Officers Training Corps instructor, or a certified instructor. Training of minors above the age of 16 may be done without direct supervision of the minor's parent or guardian, if the training is approved by the minor's instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Instructors shall be certified by the National Rifle Association, the Commonwealth of Virginia, or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify instructors.

(5)

Commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use.

(6)

As used in this section, "pneumatic gun" means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. "Pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.

(7)

The penalty for a pneumatic gun offense set forth in this section shall be a class 3 misdemeanor.

(c)

Discharging bow or cross-bow.

(1)

No person shall, anywhere within the Town of Marion, discharge an arrow, or similar object from a bow, cross-bow, or other similar instrument, except when shooting at a target in a safe manner. The arrow or similar object shall not leave the property upon which it was shot or discharged. The property owner(s) shall be responsible for insuring the safety of others.

(2)

No hunting with a bow or cross-bow is allowed within the Town of Marion, Virginia.

(3)

It shall be a class 3 misdemeanor for any person to discharge an arrow, or similar object from any bow, cross-bow, or other similar object except at an authorized shooting range or as excepted above.

(Ord. of 11-19-12(1))

State Law reference— Hunting near highways, Code of Virginia, § 29.1-526.

(Ord. of 11-19-12(1))

State law reference

Hunting near highways, Code of Virginia, § 29.1-526.