HomeMy WebLinkAboutRecommended Firearms Ordinance 102516Section. 24- 3.- Regulating the Discharge of Firearms.
(a) This Section is enacted pursuant to the authority of N.C.G.S. 153A -129. This Section shall be
interpreted in accordance with any sections of the North Carolina General Statutes which, by
their terms, limit the authority of the County to regulate the discharge of firearms.
(b) Firearm as referenced herein shall mean any handgun, shotgun, or rifle which expels a
projectile by the ignition of gunpowder or by other explosive reaction.
(c) It is unlawful for any person to discharge a firearm except into a natural or constructed
backstop adequate to stop the projectile. This subsection shall not apply to trapshooting, skeet
shooting, and sporting clays when such activities are undertaken through use of a shotgun.
(d) It is unlawful for any person to discharge a firearm carelessly or heedlessly in disregard for
the safety of others.
(e) It is unlawful for any person to discharge a firearm in any manner that causes the projectile
to leave the property on which it is discharged. This subsection shall not apply when the person
discharging the firearm has written permission for such activity from the person on whose
property the projectile comes to rest. The document demonstrating written permission must
be immediately available at the time of the discharge and shall be provided to any investigating
officer.
(f) It is unlawful for any person to discharge a firearm after that person has consumed alcohol
or any other impairing substance. As used in this paragraph, an impairing substance is defined
in N.C. Gen. Stat. §20 -4.01. A conforming alcohol screening device may be used to detect the
presence of alcohol. A conforming alcohol screening device is any device listed in the National
Highway Traffic Safety Administration's Conforming Products List of Evidential Breath Alcohol
Measurement Devices as published in the Federal Register and as that list may be amended
from time to time. An investigating officer may ascertain the consumption of an impairing
substance or any level of impairment in any lawful manner.
(g) Nothing in this Section shall be construed as prohibiting the discharge of a firearm:
(1) When used for lawful hunting activities pursuant to Chapter 113, Subchapter IV; or
(2) When used in defense of person or property; or
(3) When used pursuant to lawful directions of law- enforcement officers.
(h) A violator this Section shall be guilty of a Class III misdemeanor punishable by a fine of up to
five hundred dollars ($500.00). A violation of this Section may subject the violator to a civil
penalty of up to five hundred dollars ($500.00). All assessed penalties may be recovered in any
manner authorized by law and, if not paid within thirty (30) days, may be recovered in the
nature of debt.