Chapter 37 - WEAPONS#
Footnotes:#
(1) ---
State Law reference— Control of firearms by local governments, Code of Virginia, § 15.2-915; municipal regulation of transportation of loaded rifle or shotgun, Code of Virginia, § 15.2-915.2; regulation of pneumatic guns, Code of Virginia, § 15.2-915.4; prohibiting shooting of arrows from assorted bow, Code of Virginia, § 15.2-916.
Sec. 37-1. - Carrying concealed weapons.#
(a) If any person carries about his person, hid from common observation, any pistol or any other firearm or weapon designed or intended to propel a missile of any kind, dirk, bowie knife, switchblade knife, razor, slingshot, metal knucks or any weapon of like kind, or nun chahka or any similar flailing instrument consisting of two (2) or more rigid parts connected so as to allow them to swing freely, which instrument may also be known as a "nunchuck" or "nunchaku," shuriken, fighting chain or any weapon of like kind, he shall be guilty of a Class 1 misdemeanor and such weapon shall be forfeited to the city and may be seized by an officer as forfeited, and such as may be needed for police officers or conservators of the peace shall be devoted to that purpose, and the remainder shall be destroyed by the officer having them in charge.
(b) This section shall not apply to any person who has been granted permission to carry a concealed weapon pursuant to state law or to any person while in his own place of abode or the curtilage thereof or to any police officer, sergeant, sheriff or deputy sheriff.
(c) This section shall not apply to any of the following individuals while in the discharge of their official duties:
(1) Carriers of the United States mail in rural districts.
(2) Officers or guards of any state correctional institution.
(3) Conservators of the peace, except that the following conservators of the peace shall not be permitted to carry a concealed weapon, unless a permit is obtained as provided by state law: Notaries public; registrars; drivers, operators or other persons in charge of any motor vehicle carrier of passengers for hire.
(4) Noncustodial employees of the state department of corrections designated to carry weapons by the state secretary of public safety or the director of the state department of corrections pursuant to Code of Virginia, § 53-39.
(d) When requested by the circuit court of the City of Hopewell, the chief of police or his representative shall conduct an investigation into the background of any individual applying for a permit to carry a concealed weapon under state law, which investigation shall include reports on the applicant from the central criminal records exchange.
(e) The clerk of the circuit court shall collect from any applicant for a concealed weapons permit a fee, in addition to any other fee assessed by law, to cover the cost of conducting the investigation referred to in subsection (d) of this section.
(Code 1963, § 41-1; Ord. No. 95-26, 9-26-95; Ord. No. 2010-23, 9-14-10; Ord. No. 2012-06, 8-14-12)
Sec. 37-2. - Carrying dangerous weapon to place of religious worship.#
If any person shall carry any gun, pistol, bowie knife, dagger or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place, he shall be guilty of a Class 4 misdemeanor.
(Code 1963, § 41-7; Ord. No. 2010-23, 9-14-10; Ord. No. 2012-06, 8-14-12)
State Law reference— Similar provisions, Code of Virginia, § 18.2-283.
Sec. 37-3. - Possession, etc., of firearms of home-made construction.#
It shall be unlawful and a Class 1 misdemeanor for any person within the city to have in his possession, make or manufacture and sell or trade any pistol, gun or rifle of home-made construction; provided, however that this shall in no way apply to pistols, guns and rifles or other like firearms that are manufactured by persons who are engaged in such a manufacturing business.
(Code 1963, § 41-2; Ord. No. 2010-23, 9-14-10; Ord. No. 2012-06, 8-14-12)
Sec. 37-4. - Discharging firearms.#
It shall be unlawful and a Class 1 misdemeanor for any person, without necessity, to fire or discharge, within the city, any firearm of any kind.
(Code 1963, § 41-4; Ord. No. 2010-23, 9-14-10; Ord. No. 2012-06, 8-14-12)
Cross reference— Shooting firearms from watercraft within certain area of port, § 29-22.
Sec. 37-5. - Discharging air gun, bow, etc.#
(a) No person shall, anywhere within the city, discharge an arrow, shot, stone, gravel, bullet or any similar thing from any air gun, bow, gravel shooter or other similar instrument.
(b) Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.
(c) Nothing in this section shall be construed to prohibit supervised programs of the Hopewell City Schools, the Hopewell Recreation Department, the Hopewell Police Department, or other organizations with a special permit issued by the city manager or his designated representative.
(d) Nothing in this section shall be construed to prohibit the use of pneumatic guns 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.
(Code 1963, § 41-5; Ord. No. 83-18, 10-25-83; Ord. No. 2010-23, 9-14-10; Ord. No. 2012-06, 8-14-12)
Sec. 37-6. - Sale, delivery, etc., of blackjacks, metal knucks, switchblade knives or similar weapons.#
If any person shall sell or barter, or exhibit for sale or for barter, or give or furnish, or cause to be sold, bartered, given or furnished, or has in his possession or under his control, with the intent of selling, bartering, giving or furnishing, any blackjack, brass or metal knucks, switchblade knife or like weapon, such person shall be guilty of a Class 4 misdemeanor. The having in one's possession of any such weapon shall be prima facie evidence, except in the case of a conservator of the peace, of his intent to sell, barter, give or furnish the same.
(Code 1963, § 41-6; Ord. No. 2010-23, 9-14-10; Ord. No. 2012-06, 8-14-12)
Sec. 37-7. - Sale, etc., of toy firearms discharging blank or ball charges.#
(a) No person shall sell, barter, exchange, furnish or dispose of by purchase, gift or in any other manner any toy gun, pistol, rifle or other toy firearm, if the same shall, by means of powder or other explosive, discharge blank or ball charges. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. Each sale of any of the articles hereinbefore specified to any person shall constitute a separate offense.
(b) Nothing in this section shall be construed as preventing the sale of what are commonly known as cap pistols.
(Code 1963, § 41-8; Ord. No. 2010-23, 9-14-10; Ord. No. 2012-06, 8-14-12)
Sec. 37-8. - Sale or delivery of certain weapons to minors.#
If any person shall sell, barter, give or furnish, or cause to be sold, bartered, given or furnished, to any person under eighteen (18) years of age, a pistol, dirk or bowie knife, having good cause to believe him to be under eighteen (18) years of age, such person shall be guilty of a Class 4 misdemeanor.
(Code 1963, § 41-3; Ord. No. 2010-23, 9-14-10; Ord. No. 2012-06, 8-14-12)
Sec. 37-9. - Urban archery.#
(a) Hunting with bow and arrow is permitted on any city owned real property designated by the City Manager, or his designee, as an "archery area," and/or on any private property containing at least three-quarter of an acre of land, with written permission from the owners of the property, which written permission shall be carried by the hunter while hunting on said property. Hunting will be permitted during any hunting seasons declared by the Virginia Department of Game and Inland Fisheries, including any early, late, or special urban archery season.
(b) Any person desiring to hunt on any city-owned property must obtain a permit from the Hopewell Police Department, in addition to any hunting license required by the Virginia Department of Game and Inland Fisheries. The permit must be obtained under those terms and conditions that the Hopewell Police Department may impose or establish including, but not limited to, a proficiency test in the use of a bow and arrow.
(c) The owner of any private property of at least three-quarters acre who intends to permit hunting on said property, shall file a written declaration of such intent with the Hopewell Police Department on an annual basis.
(d) Hunting is prohibited in all areas, and at all other times except as expressly permitted by this section.
(e) It is unlawful to hunt except from a stand elevated at least ten (10) feet from the ground.
(Ord. No. 2010-23, 9-14-10; Ord. No. 2012-06, 8-14-12)