5.40.040 Discharge of Weapons.
A. Except as provided in subsection (B) of this section, no person other than an authorized peace officer acting in the course and scope of duty, shall fire or discharge any gun, weapon, airsoft gun; or other device which is spring or air-actuated that propels pellets, bbs, or bearings, or any weapon that propels a projectile by use of a bow, sling, or explosives.
B. The following actions are exempt from subsection (A) of this section if conducted under circumstances that do not present an unreasonable risk of harm to any person or property:
1. The firing or discharge of any weapon or other device at a fully enclosed range designed and constructed for the type of weapon or other device discharged.
2. The firing or discharge of paintballs at a facility in which all participants have consented to engage in paintball activities.
3. The firing or discharge of paintballs, airsoft guns or toys on private property so long as the projectile remains on the property from which it was discharged.
4. The use of nail guns or other carpentry tools being used for their intended purpose.
5. Animal control measures taken by Federal, State, county, district and local agencies.
C. It shall be an affirmative defense to subsection (A) of this section that the person was acting in defense of life or property and under circumstances that would warrant the use of deadly force under Oregon law.
D. It shall be an affirmative defense to subsection (A) of this section that the person was test firing or discharging the weapon, as a necessary part of the person’s lawful business operations while utilizing a bullet trap under circumstances that did not present an unreasonable risk of harm to any person.
E. A violation of this section is a Class A civil infraction. [Ord. NS-2254, 2015; Ord. NS-2142, 2010]