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Agenda - 09-10-20; Item 1 - Additional Discussion on Potential Regulation of the Discharge of Firearms in Areas of the County with High Residential Unit Density
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Agenda - 09-10-20; Item 1 - Additional Discussion on Potential Regulation of the Discharge of Firearms in Areas of the County with High Residential Unit Density
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BOCC
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9/10/2020
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Work Session
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Agenda
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Item 1
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Agenda - 09-10-20 Virtual Work Session
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\Board of County Commissioners\BOCC Agendas\2020's\2020\Agenda - 09-10-20 Virtual Work Session
Minutes 09-10-2020 Virtual Work Session
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\Board of County Commissioners\Minutes - Approved\2020's\2020
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22 <br /> Attachment E <br /> • Sec. 24-3. -Regulating the discharge of firearms. <br /> 0 <br /> (a)This Section is enacted pursuant to the authority of N.C.G.S. 153A-129.This Section shall be <br /> interpreted in accordance with any sections of the North Carolina General Statutes which, by their <br /> terms, limit the authority of the County to regulate the discharge of firearms. <br /> (b) Firearm as referenced herein shall mean any handgun, shotgun, or rifle which expels a projectile by <br /> the ignition of gunpowder or by other explosive reaction. <br /> (c) It is unlawful for any person to discharge a firearm except into a natural or constructed backstop <br /> adequate to stop the projectile.This subsection shall not apply to trapshooting, skeet shooting, and <br /> sporting clays when such activities are undertaken through use of a shotgun. <br /> (d) It is unlawful for any person to discharge a firearm carelessly or heedlessly in disregard for the safety <br /> of others. <br /> (e) It is unlawful for any person to discharge a firearm in any manner that causes the projectile to leave <br /> the property on which it is discharged.This subsection shall not apply when the person discharging the <br /> firearm has written permission for such activity from the person on whose property the projectile comes <br /> to rest.The document demonstrating written permission must be immediately available at the time of <br /> the discharge and shall be provided to any investigating officer. <br /> (f) It is unlawful for any person to discharge a firearm after that person has consumed alcohol or any <br /> other impairing substance.As used in this paragraph,an impairing substance is defined in N.C. Gen. Stat. <br /> § 20-4.01. A conforming alcohol screening device may be used to detect the presence of alcohol. A <br /> conforming alcohol screening device is any device listed in the National Highway Traffic Safety <br /> Administration's Conforming Products List of Evidential Breath Alcohol Measurement Devices as <br /> published in the Federal Register and as that list may be amended from time to time. An investigating <br /> officer may ascertain the consumption of an impairing substance or any level of impairment in any <br /> lawful manner. <br /> (g) Nothing in this Section shall be construed as prohibiting the discharge of a firearm: <br /> (1)When used for lawful hunting activities pursuant to Chapter 113, Subchapter IV; or <br /> (2)When used in defense of person or property; or <br /> (3)When used pursuant to lawful directions of law-enforcement officers. <br /> (h) A violator of this Section shall be guilty of a Class III misdemeanor punishable by a fine of up to <br /> $500.00. A violation of this Section may subject the violator to a civil penalty of up to$500.00. All <br /> assessed penalties may be recovered in any manner authorized by law and, if not paid within 30 days, <br /> may be recovered in the nature of debt. <br /> (Res. 2016-078, eff. 12-5-2016) <br />
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