9.1.2 FIREARMS-UNLAWFUL DISCHARGE


​9.1.2.1 NO FIREARM DISCHARGE ZONE.

It is unlawful to discharge or intend to discharge a firearm in certain areas within the Town, as set forth in Section 9.1.3.2 of this section.  This area is known as the " No firearm discharge zone."


If a person is found to be in possession of a loaded firearm outside of the person's residence within the "no firearms discharge zone," it is considered prima facie evidence of the intent to discharge the firearm.  This section does not apply to persons holding a valid permit to carry a concealed weapon under 25 M.R.S. Sec. 2003.


9.1.2.2 DEFINITIONS.

As used in this section:


Firearm means any weapon, whether loaded or unloaded, which will expel a projectile by the action of an explosive and includes any such weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun or shotgun.  Any weapon which can be readily made into a firearm by the insertion of a firing pin, or similar thing in the actual possession of the actor or an accomplice is a firearm.  A weapon is considered loaded when the chamber contains either a live round of ammunition or a live blank round, or a loaded magazine clip is inserted into the weapon. A weapon that has an empty chamber and an empty magazine well is considered unloaded. 


Muzzleloader or muzzleloading firearm means a firearm that has a rifled or smooth-bored barrel capable of firing only a single charge, loaded through the muzzle, and ignited by a percussion cap or priming charge of a flint, match, or wheel-lock mechanism, including in-line caplock, etc.  In-line muzzleloading rifles may be used during hunting season.


9.1.2.3 NO DISCHARGE ZONE.

The " No firearms discharge zone" is define as follows:


An area within the Town beginning at the Piscataqua River Bridge on Interstate 95 and proceeding North on I-95 to Cutts Rd., then easterly on Cutts Rd to Route 1, then Southerly on Route 1 to Haley Rd., then South-Southeast along Haley Rd. to Hoyts Island Ln to the shore of Pepperrell Cove, then turning and proceeding along the shore from Pepperrell Cove to the Piscataqua River, continuing along the river bank to the starting point at the bridge on Interstate 95.


9.1.2.4 DISCHARGE AUTHORIZED.

The discharge of firearms within the Town in areas outside of the " no firearms discharge zone" is also prohibited except that hunting with a shotgun or muzzleloader during the Maine open hunting season, as determined by the Maine Department of Inland Fisheries and Wildlife.


9.1.2.5 EXCEPTIONS.

Sections 9.1.2.1 and 9.1.2.3 of this section do not apply to the following:


A. The area bordered on the west by Route 1, on the south by C.M.P. power line right-ofway, east to Norton Rd, north along Norton Rd to Miller Rd, east to Bartlett Rd, north on Bartlett Rd to Payne Rd.

B. Law enforcement officers acting in the performance of their duties.

C. The use of blank cartridges for a show or theatrical production or any supervised educational program.

D. The use of blank cartridges or signal cannons for ceremonial purposes, or athletic events, or by military organizations or service groups.

E. The use of a firearm for legal self-defense or excusable homicide situations.

F. Testing by a professional gunsmith into a suitable container, backstop or target as approved by the police chief or his/her designee.

G. Discharge of firearms for protection of property from wild animals as authorized by 12 M.R.S. Sec. 12401 and 12402.


9.1.2.7 VIOLATION - PENALTY

Any violation of this chapter will be assessed a penalty under Title 1, Chapter 1.3.






KITTERY FIREARMS ORDINANCE

TITLE 9