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Toy Gun Warning Issued by Palo Alto Police

Original post made by Bob Johnson, Midtown, on Oct 25, 2006

I agree with the Police that parents should be very careful if their children are playing with any toy guns, even water guns, that may look too real for police to distinguish them from the real thing. However, Mr. Kazak has not done his homework for this story. He needs to read sections 9.08.010 and 9.08.020 of the municipal code of Palo Alto. While discharging a fire arm, except in limited circumstances, is illegal in the City of Palo Alto, legally possessing a gun, including BB guns or air pistols is not. Nor is having them in your possession while travelling to a legal shooting range such as those in San Jose. Mr. Kazak, that would be against the second ammendment of the United States Constitution. You may or may not disagre with it, but the U. S. Constitution is still the law of the land.

Comments (4)

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Posted by Don Kazak
a resident of Midtown
on Oct 26, 2006 at 10:12 am

Don Larkin, assistant city attorney, said the Palo Alto ordinance has been pre-empted by state legislation on posessing bb and air guns. But it is still illegal to display those guns in public in Palo Alto unless transporting them.

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Posted by Richard Simonson
a resident of Southgate
on Oct 26, 2006 at 10:49 am

Why didn't you check before you wrote the story Mr. Kazak! Do your homework. The Palo Alto Municipal Code is available online so this is very easy to check. I notice you have now changed your story, but it should have been correct in the first place.

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Posted by Don Kazak
a resident of Midtown
on Oct 26, 2006 at 11:15 am

Municipal Code 9.08.010 does make it illegal to posess air and bb guns. But that has been preempted by the state.

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Posted by Bill Stark
a resident of Old Palo Alto
on Nov 1, 2006 at 3:13 pm

Please read this Mr. Kazak. It is the actual Municipal Code. Unless it is wrong, it clearly states in section number 3 that if you are in lawful possession of a firearm, you can have it at your home or business. And what about section 2? How could you use said firearm in self-defense if it was illegal even to have one? If anyone wants to read the entire thing, it is available online.
(a)The provisions of Section 9.08.010 as to the use of any of the firearms mentioned therein shall not apply to any of the following cases:
(1)To police, peace officers or persons in military service in the discharge of their duties and using reasonable care;
(2)To persons using firearms in necessary self-defense;
(3)To the possession of such firearms for keeping at the place of residence or business of the person otherwise in lawful possession thereof, or while traveling to or from a legal firing, shooting or target range or hunting ground;

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