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6 <br /> Orange County Board of Commissioners <br /> Page 5 <br /> November 11, 1993 <br /> 340) , pursuant to which the County can regulate the commercial <br /> sale of firearms, the County can regulate firearms pursuant to <br /> the 'following authorization: <br /> 1. N.C. Gen. Stat. S 153A-128 provides: <br /> A county may by ordinance regulate, restrict, or <br /> prohibit the sale, possession, storage, use or conveyance of <br /> . any weapon or instrumentality of mass death and <br /> destruction. <br /> 2 . N.C. Gen. Stat. S 153A-129 provides: <br /> A county may by ordinance regulate, restrict, or <br /> prohibit the discharge of firearms at any time or place <br /> except when used to take birds or animals pursuant to <br /> Chapter 113, Subchapter Ili', when used in defense of <br /> person or property, or when used pursuant to lawful <br /> directions of law-enforcement officers . A county may also <br /> regulate the display of firearms on the public roads, <br /> sidewalks, alleys or other public property. This section <br /> does not limit a county's authority to take action under <br /> Chapter 14, Article 36A.5 <br /> 3 . N.C. Gen. Stat. § 153A-130 provides: <br /> A county may by ordinance regulate, restrict, or <br /> prohibit the sale, possession, or use of pellet guns or any <br /> other mechanism or device designed or used to project a <br /> missile by compressed air or mechanical action with less <br /> than deadly force. <br /> Much of the analysis contained in the various Karpinos <br /> memoranda in the area of potential for additional firearm <br /> regulation would apply to Orange County. Note that the language <br /> in N.C. Gen. Stat. S 153A-129 which prohibits county regulation <br /> of firearms when used for hunting is a material difference from <br /> the comparable town enabling legislation. It creates a <br /> 'Subchapter III of Chapter 113 of the North Carolina General <br /> Statutes has been effectively repealed and replaced by Subchapter <br /> IV. Subchapter IV generally contains the hunting laws of the State <br /> of North Carolina as did Subchapter III before its repeal. The <br /> recodification of these laws and the movement of them from <br /> Subchapter III to Subchapter IV did not contain a correction to <br /> N.C. Gen. Stat. g 153A-129 . It is, nevertheless, my opinion that <br /> the County lacks authority to regulate firearms "when used to take <br /> birds or animals pursuant to Chapter 113, Subchapter IV. " <br /> 5Article 36A, Chapter 14 relates to declaring states of <br /> emergency during riots and civil disorders . <br />