§ 36-9. Possession or control of firearms while under the influence of or drinking alcoholic beverages in public places.

(a)

Possession of firearms in public, while under the influence, deemed unlawful. It shall be unlawful for any person to possess, carry or have in his possession or under his control, on premises not his own or which do not constitute his domicile, any pistol, gun, rifle or other firearm while under the influence of alcoholic or intoxicating beverages or while drinking alcoholic beverages in public and said person may be arrested for the following crimes:

(1)

A felony;

(2)

Assault, first, second and third degree;

(3)

Menacing, nonvehicular reckless endangerment; or

(4)

Resisting arrest.

(b)

Firearms subject to seizure; sale; disposition of proceeds; destruction of firearms deemed unsafe. All pistols, guns, rifles or other firearms which are in possession, carried or in control of any person while under the influence of alcoholic or intoxicating beverages or while any person is drinking alcoholic beverages in public are contraband, and no person, firm or corporation or association of persons shall have any property rights in or to the same. Said firearm, unless deemed unsafe, shall be ordered sold by the municipal court after determination of guilt of possession and the same shall order the sale of said firearm by the chief of police at public auction after advertisement of sale by notice by publication once in a newspaper published in the city. Proceeds after expense shall be paid into the municipal treasury. Those guns deemed unsafe shall be destroyed.

(Code 1976, § 15-15; Ord. No. 443-A, §§ 1—3, 12-8-1980; Ord. No. 444-A, §§ 1—3, 1-12-1981)