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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: September 10, 2019 <br /> Action Agenda <br /> Item No. 1 <br /> SUBJECT: Presentation Regarding the Potential Regulation of the Discharge of Firearms in <br /> Areas of the County with High Residential Unit Density <br /> DEPARTMENT: County Attorney <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> A. Map Showing How Regulation <br /> Based on Housing Density May Look John Roberts, 919-245-2318 <br /> B. State Laws Limiting Local <br /> Government Firearms Regulation <br /> C. Prior Durham County Ordinance <br /> D. Current Durham County Ordinance <br /> PURPOSE: To receive a presentation from the County Attorney and discuss options related to <br /> the potential regulation of firearms discharge in limited urbanized areas of the County. <br /> BACKGROUND: This issue was briefly discussed by the County's Firearms Safety Committee <br /> at its meetings a few years ago. However, those discussions did not result in any substantive <br /> recommendations on this specific issue to the Board of Commissioners in the Committee's final <br /> recommendations. The Committee did recommend that the Orange County Code of <br /> Ordinances be amended to: a) prohibit the discharge of firearms while an individual is impaired; <br /> b) require discharged projectiles to remain on the property on which they were discharged; and <br /> c) require individuals discharging firearms to maintain adequate backstops. These <br /> recommendations were adopted by the Board of Commissioners. <br /> The Board of Commissioners continues to receive complaints from residents related to the <br /> discharge of firearms near populated areas and directed the County Attorney to examine this <br /> issue and provide a presentation for Board discussion. North Carolina General Statute 153A- <br /> 129 specifically authorizes counties to regulate the discharge of firearms (Attachment B). Other <br /> statutes limit the extent to which counties may regulate firearms in general and the discharge of <br /> firearms, particularly with respect to the discharge of firearms on "sport shooting ranges." <br /> In examining this issue, the County Attorney determined the only lawful means to regulate the <br /> discharge of firearms in urbanized areas in a manner by which the regulation would apply to <br /> discharge of firearms in general and on existing shooting ranges is to regulate the discharge of <br /> firearms within specified distances of high density urbanized areas. To show where such <br /> regulations could be implemented, Planning Department staff developed a county map showing <br /> areas of the County with residential housing densities of 10 or more residential units per 10 <br /> acres (Attachment A). This map is for illustrative purposes only and shows where an <br /> ordinance of this type could be applicable. Although each grid square is not visible, each red <br />