§ 70-1. Discharging and carrying firearms and projectile weapons.

(a)

It shall be unlawful for any person, other than a peace officer, to carry a firearm in any city building or other municipal property, unless the person is duly licensed by the state to carry a concealed handgun and pursuant to state law may carry a concealed handgun in a particular building or on said property.

(b)

It shall be unlawful for any person to discharge any BB gun, pellet gun, gun, pistol, rifle, firearm, or bow and arrow of any kind within the city limits, except:

(1)

Within a properly secured and permitted indoor or outdoor firearms range, constructed and maintained in accordance with applicable National Rifle Association specifications and standards and any standards prescribed by city ordinance;

(2)

Upon a shooting range owned and operated by a governmental entity; or

(3)

By any authorized person participating in a wildlife management program to mitigate wildlife hazards near the McKinney National Airport or the McKinney Landfill.

(c)

The term "city building," as used in this section, means any building or portion of a building owned, occupied, leased, or controlled by the city, for city or public operations and activities. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking area.

(d)

The term "handgun," as used in this section, means any firearm that is designed, made or adapted to be fired with one hand, and the term "concealed handgun," as used in this section, means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.

(e)

The terms "gun," "pistol," "rifle" and "firearm," as used in this section, means and includes all percussion weapons, all air guns, air pistols, air rifles and all other firearms using air pressure to propel a projectile.

(f)

The term "bow and arrow," as used in this Code, shall have the same meaning as intended, defined or construed under V.T.C.A., Local Government Code ch. 229, as amended.

(g)

The term "projectile weapon," as used in this Code, means firearms (unless permitted under subsection (a) of this section), fireworks, airguns, bows and arrows, slingshots or any device which would or could project any object which would or could create a fire hazard or any hazard or danger to the public.

(h)

This section shall not be construed to prohibit any peace officer from discharging a firearm in the performance of his duty, nor to prohibit any citizen from discharging a firearm when lawfully defending person or property.

(i)

Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-18.

(j)

The prohibition of the use of a bow and arrow set forth in subsection (b) of this section, does not apply in the extraterritorial jurisdiction of the municipality or in an area annexed by the municipality after September 1, 1981, if the bow and arrow is utilized:

(1)

On a tract of land of ten acres or more and:

a.

More than 1,000 feet from:

1.

The property line of a public tract of land, generally accessible by the public, that is routinely used for organized sporting or recreational activities or that has permanent recreational facilities or equipment; and

2.

The property line of a school, hospital, or commercial day-care facility;

b.

More than 600 feet from:

1.

The property line of a residential subdivision; and

2.

The property line of a multifamily residential complex; and

c.

More than 150 feet from a residence or occupied building located on another property; and

(2)

In a manner not reasonably expected to cause a projectile to cross the boundary of the tract.

(Code 1982, § 20-2; Ord. No. 608, § I, 11-18-1963; Ord. No. 96-01-04, § 1, 1-2-1996; Ord. No. 2000-09-72, § I, 9-19-2000; Ord. No. 2003-09-081, § 1, 9-16-2003; Ord. No. 2005-12-130, § I, 12-6-2005; Ord. No. 2006-06-076, § 2, 6-20-2006; Ord. No. 2009-08-053, § 3, 8-4-2009; Ord. No. 2013-11-107, § 2, 11-5-2013)

State law reference

Disorderly conduct, V.T.C.A., Penal Code § 42.01; municipal regulatory authority concerning firearms and explosives, V.T.C.A., Local Government Code § 229.001; trespass by holder of license to carry concealed handgun, V.T.C.A., Penal Code § 30.06; places where weapons are prohibited, V.T.C.A., Penal Code § 46.03.