Agenda - 01-24-2017 - 6-a - Minutes

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17 1 The Firearms Safety Committee by consensus unanimously recommended the firearms safety 2 education and awareness items. The Committee voted 6-1 in favor of recommending the 3 proposed ordinance. 4 5 Section. 24-3. - Regulating the Discharge of Firearms. 6 (a) This Section is enacted pursuant to the authority of N.C.G.S. 153A-129. This Section 7 shall be interpreted in accordance with any sections of the North Carolina General 8 Statutes which, by their terms, limit the authority of the County to regulate the discharge 9 of firearms. 10 (b) Firearm as referenced herein shall mean any handgun, shotgun, or rifle which expels a 11 projectile by the ignition of gunpowder or by other explosive reaction. 12 (c) It is unlawful for any person to discharge a firearm except into a natural or constructed 13 backstop adequate to stop the projectile. This subsection shall not apply to trapshooting, 14 skeet shooting, and sporting clays when such activities are undertaken through use of a 15 shotgun. 16 (d) It is unlawful for any person to discharge a firearm carelessly or heedlessly in disregard 17 for the safety of others. 18 (e) It is unlawful for any person to discharge a firearm in any manner that causes the 19 projectile to leave the property on which it is discharged. This subsection shall not apply 20 when the person discharging the firearm has written permission for such activity from 21 the person on whose property the projectile comes to rest. The document demonstrating 22 written permission must be immediately available at the time of the discharge and shall 23 be provided to any investigating officer. 24 (f) It is unlawful for any person to discharge a firearm after that person has consumed 25 alcohol or any other impairing substance. As used in this paragraph, an impairing 26 substance is defined in N.C. Gen. Stat. §20-4.01. A conforming alcohol screening 27 device may be used to detect the presence of alcohol. A conforming alcohol screening 28 device is any device listed in the National Highway Traffic Safety Administration's 29 Conforming Products List of Evidential Breath Alcohol Measurement Devices as 30 published in the Federal Register and as that list may be amended from time to time. An 31 investigating officer may ascertain the consumption of an impairing substance or any 32 level of impairment in any lawful manner. 33 (g) Nothing in this Section shall be construed as prohibiting the discharge of a firearm: 34 (1) When used for lawful hunting activities pursuant to Chapter 113, Subchapter IV; or 35 (2) When used in defense of person or property; or 36 (3) When used pursuant to lawful directions of law-enforcement officers. 37 (h) A violator of this Section shall be guilty of a Class III misdemeanor punishable by a fine 38 of up to five hundred dollars ($500.00). A violation of this Section may subject the 39 violator to a civil penalty of up to five hundred dollars ($500.00). All assessed penalties 40 may be recovered in any manner authorized by law and, if not paid within thirty (30) 41 days, may be recovered in the nature of debt. 42 43 Commissioner McKee noted that the group spent about four months on this issue, 44 including many conversations and effort. He said the Committee has brought a 45 recommendation to the Board of Commissioners. 46 Commissioner Jacobs said the group was very amicable despite their many differences, 47 and people tried to understand others' positions and to work toward a consensus. He said the 48 only place where communication broke down was when excessive noise from gunfire was 49 discussed. 50 Chair Dorosin thanked the committee and Facilitator Andy Sachs.