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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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9/4/2020 1:06:49 PM
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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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Attachment B <br /> <br />State Law Related to Local Government Firearm Regulation <br /> <br /> <br />General State Prohibition on Local Regulation: <br />14-409.40 (b) “Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other <br />enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, <br />taxation, manufacture, transportation, or registration of firearms, firearms ammunition, components of firearms, <br />dealers in firearms, or dealers in handgun components or parts.” <br /> <br />Special Local Legislation <br />Authorizes the County to prohibit hunting with a firearm while an individual is under the influence of alcohol. <br />Codified at Section 24-1(h) of the Code of Ordinances. <br /> <br />Authorizes the County to prohibit hunting within 150 yards of government buildings including schools. Codified at <br />Section 24-1(i) of the Code of Ordinances. <br /> <br />Possession: <br />14-415.23(a) “A unit of local government may adopt an ordinance to permit the posting of a prohibition against <br />carrying a concealed handgun...on local government buildings and their appurtenant premises.” <br /> <br />14-415.23(b) “A unit of local government may adopt an ordinance to prohibit, by posting, the carrying of a <br />concealed handgun on municipal and county recreational facilities that are specifically identified by the unit of local <br />government.” <br /> <br />14-409.40(f) Counties may “prohibit the possession of firearms in public-owned buildings, on the grounds or <br />parking areas of those buildings, or in public parks or recreation areas.” This applies to open carry. <br /> <br />Public Display and Discharge: <br />153A-129. (Effective October 1, 2017) Firearms. <br />(a) Except as provided in this section, a county may by ordinance regulate, restrict, or prohibit the discharge of <br />firearms at any time or place except in any of the following instances: <br />(1) When used to take birds or animals pursuant to Chapter 113, Subchapter IV. <br />(2) When used in defense of person or property. <br />(3) When used pursuant to lawful directions of law-enforcement officers. <br />(b)A county may by ordinance prohibit hunting on Sunday as allowed under G.S. <br />103-2, provided the ordinance complies with all of the following: <br />(1) The ordinance shall be applicable from January 1 until December 31 of any year of effectiveness. <br />(2) The ordinance shall allow for individuals hunting in an adjacent county with <br />no restriction on Sunday hunting to retrieve any animal lawfully shot from <br />the adjacent county. <br />(3) The ordinance shall be applicable to the entire county. <br /> (c) A county may regulate the display of firearms on the public roads, sidewalks, alleys, <br />or other public property. <br />11
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