Minutes 09-10-2019 Work Session - Laserfiche WebLink

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3 The Board of Commissioners continues to receive complaints from residents related to the discharge of firearms near populated areas and directed the County Attorney to examine this issue and provide a presentation for Board discussion. North Carolina General Statute 153A- 129 specifically authorizes counties to regulate the discharge of firearms (Attachment B). Other statutes limit the extent to which counties may regulate firearms in general and the discharge of firearms, particularly with respect to the discharge of firearms on “sport shooting ranges.” In examining this issue, the County Attorney determined the only lawful means to regulate the discharge of firearms in urbanized areas in a manner by which the regulation would apply to discharge of firearms in general and on existing shooting ranges is to regulate the discharge of firearms within specified distances of high density urbanized areas. To show where such regulations could be implemented, Planning Department staff developed a county map showing areas of the County with residential housing densities of 10 or more residential units per 10 acres (Attachment A). This map in the packet is for illustrative purposes only and shows where an ordinance of this type could be applicable. Although each grid square is not visible, each red grid square represents a 10-acre tract within which there are at least 10 residential units. The enclosed green areas on the map are areas in which there are clusters of at least four red grid squares within approximately one mile of each other. Regulated areas could be established through reference to existing roads in the area or GPS coordinates with enforcement focused on discharges occurring within a designated distance from a residential unit located within one of the regulated areas. As is apparent from the map, focusing only on dense areas would create small islands of enforcement and, at least at the density selected for the example, would result in enforcement areas only in the southern portion of the County. Durham County previously implemented an ordinance similar to this in which the ordinance only applied to the discharge of firearms within 600 feet of a residence within one of many high density areas. Durham also had a permit process for shooting ranges that existed in the regulated areas prior to the adoption of the ordinance (Attachment C). According to the Durham County Attorney, enforcement proved exceptionally difficult, and in December 2018, Durham County amended its ordinance to remove the references to high density areas and now restricts firearms discharge throughout the county if it occurs within 900 feet of the property lines of properties containing houses, schools, and churches (Attachment D). The County Attorney consulted the Orange County Sheriff’s Office on this issue and, as in prior discussions of this topic, the Sheriff’s Office indicates enforcement would be difficult due to the nature of the regulated activities, that being generally short in duration and, unless visually observed by a deputy, difficult to precisely locate. Pursuant to North Carolina law, any regulation such as that discussed in this presentation would not apply to the discharge of firearms for lawful hunting activities, when occurring in the defense of person or property, or pursuant to the lawful directions of law enforcement officers. John Roberts said this presentation is not a recommendation, but rather some ideas for the Board to consider. He said a lot more work would need to be done, should the Board choose to pursue an ordinance. John Roberts said residents voiced great concern about constitutional rights being infringed upon. He said that is not the case, and any of the rights in the Bill of Rights may be regulated, as long as the regulation is very narrowly tailored to accomplish a specific purpose. He said if regulation goes beyond a narrow focus, then it could become unconstitutional. He said if the Board chooses to proceed, staff would work to make sure the focus is very narrow.