Agenda 10-01-19 Item 8-a - Minutes

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6 1 John Roberts said yes they would be, but he does not believe there are any commercial 2 ranges (outdoor) within any of the areas. He said if the Board elected to regulate by subdivision, 3 there would not be any within the area, but there may be a private sport range within 450-feet 4 outside the area/subdivision. 5 Commissioner Price asked if the County can regulate the types of firearms that are used. 6 John Roberts said he does not believe so, but he would research this. 7 Commissioner Greene asked if there is any legal impediment to regulating subdivisions 8 where houses are on a 10-acre property each. 9 John Roberts said regulating 10-acre lots would not be consistent with suburban type 10 density. He said for this ordinance to be lawful, there must be designated criteria to which the 11 County can refer as the reasoning behind the adoption of the ordinance. He said there would not 12 be a legal impediment, if this were the criterion that is adopted. 13 Commissioner Greene said there are homes that look like a subdivision, but the lots are 14 very large. 15 John Roberts said if the Board pursues the designated subdivision option, he would 16 recommend that there be a density requirement. 17 Commissioner Dorosin asked if there are reasons why these types of ordinances are so 18 hard to enforce. 19 Sheriff Blackwood said this whole topic needs to be carved into 4 sections: noise, safety, 20 hunting, and other regulated matters. He said the problem with noise is that it occurs, and then 21 it is over instantaneously. He said prolonged noise gives the Sheriff an idea of where he is 22 going. He said it is difficult to enforce, as deputies find themselves walking onto a property, with 23 no lawful authority, to ask a resident if he/she is conducting a lawful practice. He said if one is 24 conducting a lawful practice, the deputy is now on someone's land that is breaking no laws, and 25 has a weapon in their hands. He said if a situation escalates, there is a risk for great peril. He 26 said these types of exchanges are often very cordial, but it is risky to wander someone's property 27 looking for the source of noise. He said enforcing noise ordinances, with respect to a firearm, is 28 problematic for Sheriff Departments across the entire state. 29 Sheriff Blackwood said his department has taken measures to address safety, and he 30 feels this has been well handled in Orange County. He said there are no outdoor commercial 31 gun ranges in Orange County, and those ranges that do exist in the County have proven to be 32 very safe. He said, of course, that does not mean injury cannot occur. He said he talked with 33 the former Durham County Sheriff about this ordinance, and its efforts were to reduce the noise 34 created by ranges. He said problems arose when shooters lived within appropriate distance to 35 shoot lawfully, but neighbors across the street did not. 36 Sheriff Blackwood said he will not speak to this ordinance until it is written into law. He 37 said he will offer advice, but that is the limit to what he can offer. He said John Roberts has 38 worked tirelessly to make shooting safe in Orange County, but that does not affect the noise. 39 Sheriff Blackwood said it is also important to point out that ordinance is not about gun 40 violence, and will not remove guns from people. 41 John Roberts said what he has proposed tonight is only an example, and this would need 42 more work from GIS and Planning and the Sheriff's office. He said it is a waste of time for the 43 Board to adopt something that cannot be enforced. He said staff will need direction from the 44 Board. 45 Commissioner Dorosin referred to the sport shooting range, and asked if there is a clear 46 definition of what this is; is it a formal location or is it people shooting in their back yards. 47 John Roberts said there is no court interpretation of sport shooting range that he has 48 found, and it is defined as an area designed and operated for the use of rifles, shotguns, pistols, 49 silhouette skeet trap black power, or similar sport shooting. He said that does not include 50 someone putting a target on a tree and shooting at it. He said this would likely include some 51 type of safety barrier, shooting lanes, etc., but the definition is fairly broad.