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Has not been approved by the Committee Has not been approved by the Committee Discussion Draft for August 23, 2016 Orange County Firearms Safety Committee meeting Section.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 backstop adequately designed and constructed to stop the projectile. In no circumstance may a person discharge a firearm carelessly or heedlessly in wanton disregard for the safety of others. (d) It is unlawful for any person to discharge a firearm in any manner thatcauses the projectile to leave the property on which it is discharged. (e) 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. An investigating officer may ascertain the consumption of an impairing substance or any level of impairment in any lawful manner. (f) It is unlawful for any person to discharge a firearm while that person has any blood alcohol concentration as measured by a conforming alcohol screening device. Aconforming 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. (g) Nothing in this section shall be construed as prohibiting the discharge of a firearm: (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. (h) Violation of any provision of this Section shall subject the violator to a Class III misdemeanor punishable by a fine of five hundred dollars ($500.00). Each violation of any provision of this Section may subject the violator to a civil penalty of five hundred dollars ($500.00). For purposes of the civil penalty each violation is a separate violation. 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. Comment [T1]: The remainder of this paragraph designates a broad range of devices rather than the proprietary device shown in the county ordinance regulating hunting. Comment [T2]: This paragraph contains the minimum exemptions required by state law. It may be expanded as necessary.