HomeMy WebLinkAboutAgenda - 09-10-20; Item 1 - Additional Discussion on Potential Regulation of the Discharge of Firearms in Areas of the County with High Residential Unit Density
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 10, 2020
Action Agenda
Item No. 1
SUBJECT: Additional Discussion on Potential Regulation of the Discharge of Firearms in
Areas of the County with High Residential Unit Density
DEPARTMENT: County Attorney
ATTACHMENT(S):
A) Maps (1-7) Showing Housing
Density
B) State Laws Limiting Local
Government Firearms Regulation
C) Prior Durham County Ordinance
D) Current Durham County Ordinance
E) Current Orange County Ordinance
INFORMATION CONTACT:
John Roberts, 919-245-2318
PURPOSE: To discuss options related to the regulation of firearms discharge in limited
urbanized areas of the County.
BACKGROUND: This topic was briefly discussed by the 2016 Firearms Safety Committee at its
meetings, but did not result in any substantive recommendations to the Board of Commissioners
in that Committee’s final recommendation. The proposed recommendations from the
Committee included a recommendation that the Code of Ordinances be amended to prohibit the
discharge of firearms while an individual is impaired, required discharged projectiles remain on
the property on which they are discharged, and individuals discharging firearms maintain
adequate backstops. These recommendations were adopted as shown in Attachment E.
The Board of Commissioners revisited this issue in September 2019 and directed the County
Attorney to bring back additional information at a 2020 work session including a map showing
more roads, a map showing subdivisions, the current Orange County ordinance, maps of the
extra-territorial jurisdiction (ETJ) areas including subdivisions, and Geographic Information
System enlarged maps of larger subdivisions. North Carolina General Statute 153A-129
specifically authorizes counties to regulate the discharge of firearms (Attachment B). Other
statutes limit the extent to which counties may regulate firearms in general and the discharge of
firearms, particularly with respect to the discharge of firearms on “sport shooting ranges.”
Ordinances of this type are generally prospective only. In response to a question from
Commissioner Jamezetta Bedford about retroactive applicability at the September 2019 work
session, the County Attorney indicated that an ordinance adopted to promote gun safety in
urbanized areas could retroactively apply to shooting ranges. This response was overly broad
and did not specify the strict limitations of retroactive enforcement. Retroactive enforcement
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would only apply to shooting ranges constructed or developed without appropriate approvals
since the County’s firearms discharge ordinance was adopted in 2016.
To show where such regulations could be imposed, Planning staff developed multiple County
maps showing areas of the County with various residential housing densities. These maps are
for illustrative purposes only and show where an ordinance of this type could be applicable.
According to Planning staff, Map 1 in Attachment A shows a suburban equivalent density – that
being one or more dwelling units per 1/3 acre. It is clear from the map that there are very few
areas with this residential density within Orange County’s jurisdiction. Map 2 shows a density of
one or more dwelling units per one acre. Map 3 shows an intermediate rural density of one or
more dwelling units per 1.25 acres. Map 4 shows a substantially less dense arrangement of one
or more dwelling units per 2 acres. According to the Planning staff, Map 5 shows all
subdivisions within the County’s jurisdiction that contain 10 lots or more, including such
subdivisions within town ETJ areas. Map 6 is an aerial map showing lots and buildings within
the Churton Grove subdivision, a subdivision having lots of approximately ½ acre on average.
Map 7 is an aerial map showing lots and buildings within the Hunt’s Preserve subdivision, a
subdivision having lots of approximately 2.4 acres on average with a range of 1.2 to 5.8 acres.
Regulated areas could be established within designated subdivisions with enforcement focused
on discharges occurring within the subdivision. As is apparent from the map, focusing only on
areas with suburban like density would create small islands of enforcement near municipal
boundaries.
Durham County previously had a similar ordinance in which the ordinance only applied to
discharge of firearms within 600 feet of a residence within one of many designated high density
areas. Durham also had a permit process for shooting ranges that existed in the regulated areas
prior to the adoption of the ordinance (Attachment C). According to the Durham County
Attorney, enforcement proved exceptionally difficult and in December 2018 Durham County
amended its ordinance to remove the references to high density areas and now restricts
firearms discharge throughout the county if it occurs within 900 feet of the property lines of
properties containing houses, schools, and churches (Attachment D). This level of restriction
may not be appropriate for Orange County, which is substantially more rural than Durham.
The County Attorney consulted the Orange County Sheriff’s Office on this issue and, as in prior
discussions of this topic, and as Durham County experienced with a similar ordinance, the
Sheriff’s office indicates enforcement of an ordinance similar to Durham’s prior or current
ordinance would be difficult due to the nature of the regulated activities, that being generally
short in duration and, unless visually observed by a deputy, difficult to precisely locate.
Pursuant to North Carolina law any regulation such as that discussed would apply to all
discharges of firearms in Orange County’s jurisdiction including discharges on shooting ranges
constructed after any amendment adopted by the Board and on existing ranges as noted
above. Any ordinance adopted would not apply to the discharge of firearms for lawful hunting
activities, discharges occurring in the defense of person or property, or discharges pursuant to
the lawful directions of law enforcement officers.
FINANCIAL IMPACT: There is no financial impact associated with this discussion.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this discussion.
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ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this discussion.
RECOMMENDATION(S): The Manager recommends the Board discuss this issue and provide
direction to staff.
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Attachment 1 Map 1
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Attachment 1 Map 2
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Attachment 1 Map 3 6
Attachment 1 Map 4
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Attachment 1 Map 5 8
Orange CountyFebruary 20, 202000.20.40.1mi00.30.60.15km1:12,000Attachment 1 Map 69
Attachment 1 Map 7
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Attachment B
State Law Related to Local Government Firearm Regulation
General State Prohibition on Local Regulation:
14-409.40 (b) “Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other
enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing,
taxation, manufacture, transportation, or registration of firearms, firearms ammunition, components of firearms,
dealers in firearms, or dealers in handgun components or parts.”
Special Local Legislation
Authorizes the County to prohibit hunting with a firearm while an individual is under the influence of alcohol.
Codified at Section 24-1(h) of the Code of Ordinances.
Authorizes the County to prohibit hunting within 150 yards of government buildings including schools. Codified at
Section 24-1(i) of the Code of Ordinances.
Possession:
14-415.23(a) “A unit of local government may adopt an ordinance to permit the posting of a prohibition against
carrying a concealed handgun...on local government buildings and their appurtenant premises.”
14-415.23(b) “A unit of local government may adopt an ordinance to prohibit, by posting, the carrying of a
concealed handgun on municipal and county recreational facilities that are specifically identified by the unit of local
government.”
14-409.40(f) Counties may “prohibit the possession of firearms in public-owned buildings, on the grounds or
parking areas of those buildings, or in public parks or recreation areas.” This applies to open carry.
Public Display and Discharge:
153A-129. (Effective October 1, 2017) Firearms.
(a) Except as provided in this section, a county may by ordinance regulate, restrict, or prohibit the discharge of
firearms at any time or place except in any of the following instances:
(1) When used to take birds or animals pursuant to Chapter 113, Subchapter IV.
(2) When used in defense of person or property.
(3) When used pursuant to lawful directions of law-enforcement officers.
(b)A county may by ordinance prohibit hunting on Sunday as allowed under G.S.
103-2, provided the ordinance complies with all of the following:
(1) The ordinance shall be applicable from January 1 until December 31 of any year of effectiveness.
(2) The ordinance shall allow for individuals hunting in an adjacent county with
no restriction on Sunday hunting to retrieve any animal lawfully shot from
the adjacent county.
(3) The ordinance shall be applicable to the entire county.
(c) A county may regulate the display of firearms on the public roads, sidewalks, alleys,
or other public property.
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(d) This section does not limit a county's authority to take action under Article 1A of
Chapter 166A of the General Statutes.
Primary limitation on regulation of firearms discharge as a nuisance such as through a noise ordinance.
Sport Shooting Range Protection Act of 1997.
14-409.45. Definitions.
The following definitions apply in this Article:
(1) Person.–An individual, proprietorship, partnership, corporation, club, or
other legal entity.
(2) Sport shooting range or range. –An area designed and operated for the use of rifles, shotguns, pistols,
silhouettes, skeet, trap, black powder, or any other similar sport shooting.
(3) Substantial change in use. –The current primary use of the range no longer represents the activity
previously engaged in at the range.
14-409.46. Sport shooting range protection.
(a) Notwithstanding any other provision of law, a person who owns, operates, or uses a sport shooting range in
this State shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution
resulting from the operation or use of the range if the range is in compliance with any noise control laws or
ordinances that applied to the range and its operation at the time the range began operation. This subsection
prohibits enforcement of state or local noise laws against qualifying shooting ranges.
(b) A person who owns, operates, or uses a sport shooting range is not subject to an action for nuisance on
the basis of noise or noise pollution, and a State court shall not enjoin the use or operation of a range on the basis
of noise or noise pollution, if the range is in compliance with any noise control laws or ordinances that applied to
the range and its operation at the time the range began operation. This subsection limits civil liability for qualifying
shooting ranges in lawsuits by private parties based on noise.
(c) Rules adopted by any State department or agency for limiting levels of noise in terms of decibel level that
may occur in the outdoor atmosphere shall not apply to a sport shooting range that was in operation prior to the
adoption of the rule. This subsection limits the application of state agency noise rules against qualifying shooting
ranges.
(d) A person who acquires title to real property adversely affected by the use of property with a permanently
located and improved sport shooting range constructed and initially operated prior to the time the person acquires
title shall not maintain a nuisance action on the basis of noise or noise pollution against the person who owns the
range to restrain, enjoin, or impede the use of the range. If there is a substantial change in use of the range after
the person acquires title, the person may maintain a nuisance action if the action is brought within one year of the
date of a substantial change in use. This section does not prohibit actions for negligence or recklessness in the
operation of the range or by a person using the range. This subsection limits civil liability of qualifying shooting
ranges to subsequent purchasers of neighboring properties.
(e) A sport shooting range that is operated and is not in violation of existing law at the time of the enactment of
an ordinance shall be permitted to continue in operation even if the operation of the sport shooting range at a later
date does not conform to the new ordinance or an amendment to an existing ordinance, provided there has been
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no substantial change in use. (1997-465, s. 1; 2015-195, s. 5(a).) This subsection preempts the enforcement of
any local law against a qualifying shooting range that is in compliance with previously existing law even if its
continued operation violates new or amended local laws as long as there is no substantial change in use of the
qualifying shooting range.
14-409.47. Application of Article.
Except as otherwise provided in this Article, this Article does not prohibit a local government
from regulating the location and construction of a sport shooting range after September 1, 1997.
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ATTACHMENT C
DURHAM COUNTY GUN DISCHARGE ORDINANCE
• Sec. 17-51. - Intent.
The board of commissioners has determined that the health and safety of those citizens of the county who
live in predominantly residential areas of the county require that the discharge of firearms and airguns in or
near those predominantly residential areas be prohibited, and that there be restrictions on the discharge of
firearms in the remaining areas of the county. It is, therefore, the intent of the commissioners by this division
to protect the health and safety of its citizens and their property, and to promote the quiet enjoyment of their
property.
(Ord. of 9-13-93, § 1)
• Sec. 17-52. - Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Airgun means any weapon that discharges a projectile or cluster of shot by the use of mechanical spring,
compressed air or compressed gas, and shall include BB and pellet rifles, pistols and revolvers.
Firearm means any weapon that discharges a projectile or cluster of shot by the use of exploding
gunpowder and shall include rifles, shotguns, pistols and revolvers.
Predominantly residential district means a residential area of not less than five homes created and
constructed in accordance with approval of the county commissioners pursuant to the subdivision ordinance of
the county (appendix B of this Code), a plat of which appears of record in the office of the register of deeds of
the county. It shall include the subdivisions named in the ordinance from which this division is derived, which
is on file in the county offices.
(Ord. of 9-13-93, § 2)
Cross reference— Definitions generally, § 1-2.
• Sec. 17-53. - Discharge of firearms within predominantly residential areas of the county prohibited;
exceptions.
It shall be unlawful for any person to discharge a firearm within 600 feet of a residence located within a
predominantly residential area of the county, except when the firearm is discharged:
(1) In the lawful defense of person or property.
(2) By, or at the lawful direction of, a law enforcement officer, or authorized military personnel.
(3) Within a firing range for which a permit has been issued in accordance with section 17-53.1, below.
(Ord. of 9-13-93, § 3; Ord. of 6-27-94)
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• Sec. 17-53.1. - Permits for operation of firing ranges in effect prior to effective date of the ordinance.
The board of commissioners may permit the owner of a firing range within a subdivision, which was in
existence prior to July 13, 1994, to discharge a firearm on such firing range subject to the following conditions:
(1) The firing range must have been in existence and in use prior to October 21, 1993.
(2) All owners of property within 600 feet of the firing range must be given notice of at least 14 days and
an opportunity to be heard at a public meeting of the board on the application for the permit.
(3) The permit is nontransferable and may be revoked if the conditions under which it is granted are
violated.
(4) There shall be no discharge of a firearm on a permitted range at any time on Saturdays, Sundays or
legal holidays and on any other day, except within the hours from 8:00 a.m. to 6:00 p.m.
(5) The applicant shall show evidence of and maintain sufficient liability insurance, either through a
homeowner's policy or some other insurance, in sufficient amount to cover claims which may arise
from the use of the firing range.
(6) The authority granted under the permit shall be to the permit holder only and to members of his
immediate household.
(Ord. of 6-27-94, § 3A)
Editor's note— An ordinance adopted 6-27-94 did not specifically amend the Code. Therefore, inclusion of § 3A
as § 17-53.1 was at the discretion of the editor.
• Sec. 17-53.2. - Application for permit to use firing range.
(a) Applications may be in letter form, and must be filed in the office of the clerk to the board of county
commissioners on or before September 1, 1994. There will be no applications accepted after that date.
(b) Each application must set forth a general description of the firing range, must be verified on oath by the
applicant and must be accompanied by at least two affidavits of other individuals attesting that the firing
range was in use prior to October 21, 1993.
(c) Each application must be accompanied by evidence of insurance as specified in subsection 17-53.1(5),
above.
(d) The board of commissioners will act on the application after giving all owners of property within 600
feet notice and opportunity for comment, and a certified copy of the minutes of such meeting reflecting the
approval of the application by the board shall serve as the permit.
(Ord. of 6-27-94, § 3B)
Editor's note— An ordinance adopted 6-27-94 did not specifically amend the Code. Therefore, inclusion of §
3B as § 17.53.2 was at the discretion of the editor.
• Sec. 17-54. - Discharge of airguns within predominantly residential areas of the county by minors
restricted.
It shall be unlawful for any person under the age of 16 years to discharge an airgun within 600 feet of a
residence located within a predominantly residential area of the county, unless at the time of such discharge the
minor is accompanied by a parent, guardian or other adult who acknowledges responsibility for the supervision
of the minor in the act of shooting.
(Ord. of 9-13-93, § 4)
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• Sec. 17-55. - Negligent discharge of firearms in the county outside of predominantly residential areas
prohibited.
It shall be unlawful for any person to discharge a firearm or airgun outside of a predominantly residential
area of the county:
(1) Negligently, carelessly, or heedlessly in wanton disregard for the safety or others;
(2) Without due caution or circumspection and in a manner so as to endanger any person or property, and
resulting in property damage or bodily injury; or
(3) When the individual who discharges the firearm or airgun is under the influence of an impairing
substance or does so after consuming sufficient alcohol that he has, at any relevant time after the
discharge of the firearm or airgun, an alcohol concentration of 0.08 or more.
In Any case where a violation of this section also constitutes a violation under G.S. 113-290 et seq., then the
provisions of that article are intended to apply to the violation.
(Ord. of 9-13-93, § 5)
• Sec. 17-56. - Penalty for violation.
Violation of this division shall be a misdemeanor, punishable upon conviction as provided in section 1-6.
(Ord. of 9-13-93, § 6)
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ATTACHMENT D
ORDINANCE AMENDING ARTICLE II OF CHAPTER 17 OF THE
DURHAM COUNTY CODE OF ORDINANCES
OFFENSES INVOLVING FIREARMS AND OTHER WEAPONS
WHEREAS, Chapter 1115 of the 1951 North Carolina Session Laws authorizes the Board of
County Commissioners of Durham County to “regulate, control, restrict, and prohibit the use and
discharge or any and all firearms of every kind, nature, make and description outside the
incorporated limits of any municipality in Durham County"; and
WHEREAS, G.S. 153A-121 allows a County, by ordinance to define, regulate, prohibit, or
abate, acts, omissions, or conditions detrimental to the safety or welfare of its citizens; and
WHEREAS, in 1993, the Board of County Commissioners adopted Article II of Chapter 17 of
the Durham County code of Ordinances, to regulate and restrict the use of firearms and other
weapons within Durham County, which ordinance has been amended over the years; and
WHEREAS, G.S. 14-409.40, allows a County, by ordinance, to prohibit the possession of
firearms in public-owned buildings, on the grounds or parking areas of those buildings, or in public
parks or recreation areas; and,
WHEREAS, G.S. 14-415.23 allows a County, by ordinance, to prohibit the possession of
concealed weapons in County buildings and recreational facilities, and their appurtenant premises;
and,
WHEREAS, the Board of County Commissioners wishes to amend Article II of Chapter 17 in
recognition of changes in the laws of North Carolina and conditions in Durham which have occurred
since it was first adopted, and to address concerns of public safety; and,
WHEREAS, the purpose of this Ordinance is to protect the public safety by regulating the
discharge of weapons within the unincorporated areas of Durham County, and the possession of
weapons on County property;
NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE COUNTY
OF DURHAM DOTH ORDAIN:
1. That Durham County Code of Ordinances Chapter 17, Article II – Offenses Involving Firearms and
Other Weapons, which was adopted in 1993, and subsequent amendments thereto, is hereby repealed in
its entirety and replaced with the following:
Secs. 17-31-1750. -Reserved
Sec. 17-51 Intent.
The Board of Commissioners has determined that the health and safety of its citizens requires
certain restrictions be placed on the discharge of firearms and airguns and on the possession and display
of weapons on county owned and controlled property. This is in recognition of the fact that each person
discharging a firearm is responsible for exhibiting reasonable regard for the safety and property of other
persons and for discharging the firearm in such a manner as to assure that all projectiles come to rest
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safely within the boundary or boundaries of the property or properties on which the person is authorized
to be shooting.
Sec. 17-52. Jurisdiction.
This Ordinance shall apply to all County property, wherever located, and to all unincorporated
areas of Durham County.
Sec. 17-53. Definitions.
The following words, terms, and phrases, when used in this Article, shall have the meanings
ascribed to them in this section, except when the context clearly indicates a different meaning:
Airgun is defined as any weapon that discharges a projectile or cluster of shot by the use of
mechanical spring, compressed air or compressed gas, and shall include BB and pellet rifles, pistols and
revolvers.
County property is defined as any building owned by the county or that portion of privately
owned property leased by or under the legal possession and control of the county for the transaction
of the activities of the county and the appurtenant premises to such a building, to include parking lots
and decks. The term also includes the Durham County Memorial Stadium and its appurtenant
premises.
Firearm is defined as any weapon or similar instrument that discharges a projectile or cluster of
shot by the use of exploding gunpowder and shall include rifles, shotguns, pistols and revolvers.
Sec. 17-54. Prohibited discharge of weapons near other property.
It shall be unlawful for any person to discharge a firearm or airgun within 900 feet of the
property or boundary line of any of the following:
(a) A dwelling house;
(b) A school;
(c) A church or religious institution;
(d) Any other type of building, while occupied;
(e) A public or private park or recreation area;
(f) Any other type of public gathering place.
Sec. 17-55. Prohibition on possession of weapons on County property
Except for law enforcement officers, members of the national guard, members of the armed
forces, or a county employed security agency, or as permitted by state law, it shall be unlawful for
any person to possess or display a firearm or airgun at any time on County property.
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Except for law enforcement officers, members of the national guard, members of the armed
forces, or a county employed security agency it shall be unlawful for any person to display a firearm
or airgun at any time in County parks and recreation areas.
Sec. 17-56. Prohibition of discharge of weapons over roads, sidewalks, and public vehicular
areas.
It shall be unlawful for any person to discharge a firearm or airgun in such a way as will result
in the projectile therefrom passing across a sidewalk, or across a highway, street, or other public
vehicular area.
Sec. 17-57. Restrictions on discharge of weapons near livestock.
It shall be unlawful for any person to discharge a firearm or airgun within 900 feet of any
domestic livestock not belonging to him unless such person has on his person written permission for
such activity from the owner of the livestock.
Sec. 17-58. Discharge of weapons by minors restricted.
It shall be unlawful for any person, being a parent or guardian of, or standing in loco parentis to,
any child under twelve (12) years of age, to permit such child to have possession or custody of, or use
in any manner whatsoever, any firearm, whether such firearm is loaded or is not loaded without
direct, active adult supervision of the child at all times the child is holding the firearm. It shall be
unlawful for any person being a parent or guardian of, or standing in loco parentis to, any child
between twelve (12) years of age and fifteen (15) years of age, to permit such child to discharge a
firearm without direct, active adult supervision of the child at all times the child is firing the firearm.
Sec. 17-59. Exemptions.
Section 17-54 of this Ordinance shall not apply to any of the following:
(a) A person discharging a shotgun with any type of shot or load except "slugs,"
provided that the shooter is 500 feet or more from any of the types of places or
structures listed in Section 17-53(a) - (f).
(b) A rifle, pistol, skeet or trap range, operated by a law enforcement agency, which
firing range is substantially in accordance with specifications promulgated by the
National Rifle Association or by an equivalent nationally recognized firearms
safety authority for the type and caliber of firearms being fired;
(c) a person target shooting on his own property (or on another's property if he has on
his person written permission for the activity from the owner of the property)
exhibiting reasonable regard for the safety and property of other persons (i) if
such person is using a backstop substantially in accordance with specifications
promulgated by the National Rifle Association or any equivalent nationally
recognized firearms safety organization for the type and caliber of firearms being
fired, and (ii) if such person has on his person written permission for such activity
from all persons owning any of the types of places or structures listed in Section
17-54(a) - (f)which are located within 900 feet of the target shooting activity;
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(d) a person hunting on his own property (or on another's property if he has on his
person written permission for the activity from the owner of the property)
exhibiting reasonable regard for the safety and property of other persons if such
person has on his person written permission for such activity from all persons
owning any of the types of places or structures listed in Section 17-54(a) -
(f)which are located within 900 feet of the hunting activity;
(e) law enforcement officers, members of the national guard, members of the armed
forces, or a county employed security agency discharging firearms in the line of
duty;
(f) persons discharging firearms for the purpose of shooting or killing any dangerous
animal or reptile;
(g) person discharging a firearm in self-defense;
(h) firing ranges regulated by the Unified Development Ordinance (UDO).
Sec. 17-60. Posting of signs.
The County Manager is hereby ordered to post appropriate signage on each park, parking lot
or deck, building or portion of a building now or hereafter owned, leased as lessee, operated,
occupied, managed or controlled by the county, as well as the appurtenant premises to such
buildings, and the Durham County Memorial Stadium, indicating the prohibitions applicable
therein.
Such signs shall be visibly posted on the exterior of each entrance by which the general
public can access the county owned building, appurtenant premise, parking lot or deck, park, and
the Durham County Memorial Stadium. The County Manager shall exercise discretion in
determining the necessity and appropriate location for other signs posted on the interior of the
county owned building, appurtenant premise or park.
Sec. 17-61. Penalty
The violation of any provision of this Ordinance declaring certain actions to be unlawful
shall be a misdemeanor and may be punishable upon conviction as provided in Sec. 1-6.
Sec. 17-62. Severability.
It is hereby declared to be the intention of the Board that the sections, paragraphs, sentences,
clauses and phrases of this Ordinance are severable and that if any phrase, clause, sentence, paragraph
or section of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect
any remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, as the same
would have been enacted by the Board without incorporation in this Ordinance of any such
unconstitutional or invalid phrase, clause, sentence, paragraph, or section.
Secs. 17-63-120. -Reserved.
2. This Ordinance shall be effective upon its adoption.
Approved by the Durham County Board of Commissioners by Ordinance this ______day
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of _______________________________, 2019.
SIGNED: __________________________________
Wendy Jacobs, Chairperson
Durham County Board of Commissioners
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Attachment E
• Sec. 24-3. - Regulating the discharge of firearms.
o
(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 of this Section shall be guilty of a Class III misdemeanor punishable by a fine of up to
$500.00. A violation of this Section may subject the violator to a civil penalty of up to $500.00. All
assessed penalties may be recovered in any manner authorized by law and, if not paid within 30 days,
may be recovered in the nature of debt.
(Res. 2016-078, eff. 12-5-2016)
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