§ 393.10. Definitions.

Terms used in this chapter, unless expressly defined, shall have the meanings prescribed by the statutes of the State of Minnesota for the same terms. The following terms shall have the following meanings:

(a)

Facsimile firearm means any object which is a replica of an actual firearm, which substantially duplicates an actual firearm, or which could reasonably be perceived to be an actual firearm, unless:

(1)

The entire exterior surface of such object is colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink or bright purple, either singly or as the predominant color in combination with other colors in any pattern; or such object is constructed entirely of transparent or translucent materials which permits unmistakable observation of the firearm's complete contents; and

(2)

Such object shall have as an integral part, permanently affixed, a blaze orange extension that extends at least six (6) millimeters from the muzzle end of the barrel of such object; and

(3)

Such object does not have attached thereto a laser pointer.

"Facsimile firearm" does not include any actual firearm as otherwise regulated by the terms of this chapter or the Minnesota Statutes.

(b)

Person means any natural individual, firm, partnership, trust, estate, club, association or corporation. As applied to partnerships or associations, the word includes the partners or members thereof. As applied to corporations it includes the officers, agents or employees thereof who are responsible for the act referred to.

(c)

(1)

Public place means any building or establishment, place, or public street or highway, where the business, social or governmental activity ordinarily conducted is generally held open to the public; specifically including, but not limited to, such locations as governmental buildings, meeting halls, centers for art and culture, places of amusement, liquor or beer establishments, and restaurants. It shall also include any private residence which is the site of activities proscribed by section 385.170 (Disorderly house).

(2)

Public place shall not include:

a.

A dwelling place or residence when a person is present with the permission of a lawful possessor thereof, or one's own place of business;

b.

Premises licensed for the sale of firearms;

c.

Business premises at which the buying, selling, repair, or trade in weapons is regularly conducted, or;

d.

Places at which an event or activity is conducted involving the exhibition, display, or carrying of a weapon, done in a manner not intended or calculated to result in or lead to the unlawful use of the weapon, including, but not limited to, educational or training programs, weapons or collectors' shows or exhibitions, or religious, artistic, educational, or cultural events; or

e.

Parades or other public events when the use or display of weapons is specifically authorized by the city for such events.

(d)

Secured container means a closed and fastened case, box or secured package having no mechanical features designed for immediate weapons removal or use. A sheath, holster, or scabbard, alone, shall not constitute a "secured container."

(e)

Use means, with respect to a weapon, to brandish, assault with, threaten with, or otherwise employ in a manner calculated and likely to cause death, great bodily harm, or substantial bodily harm, or the reasonable and immediate fear thereof.

(f)

Weapon means any device designed as a weapon and capable of producing death, great bodily harm, or substantial bodily harm; or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death, great bodily harm, or substantial bodily harm, or the reasonable and immediate fear thereof. "Weapon" includes Chinese stars. "Weapon" does not include (1) except when used as a weapon, a folding knife with a blade of four (4) inches or less in length, measured in a straight line from the point to the handle; or (2) a firearm, unless expressly included by section 393.20(b). (Code 1960, As Amend., § 877.010; Ord. of 4-9-76, §§ 1, 2; 77-Or-221, § 1, 10-28-77; 85-Or-098, § 1, 5-10-85; 86-Or-149, § 1, 6-27-86; 87-Or-106, § 1, 6-12-87; 2007-Or-073, § 1, 10-5-07)