Firearms Discharge Ordinance of Harnett CountyFIREARMS DISCHARGE ORDINANCE
OF
HARNETT COUNTY, NORTH CAROLINA
Harnett
COUNTY
NORTH CAROLINA
Harnett County Board Of Commissioners
Jim Burgin, Chairman
Gordon Springle, Vice Chairman
Abe Elmore
Barbara McKoy
Joe Miller
11
Table of Contents
Section1
Title ........................ ............................... 3
Section2
Purpose .................... ............................... 3
Section 3
Authority and Enactment ............................ 3
Section 4
Jurisdiction ............... ............................... 3
Section 5
Administration ........... ............................... 3
Section 6
Severability ............... ............................... 3
Section 7
Conflict with Other Laws ............................. 3
Section8
Amendment ............... ............................... 4
Section 9
Definition ................... ............................... 4
Section 10
Firearm Restrictions ... ............................... 4
Section l l
Exceptions ................ ............................... 5
Section 12
Violations and Penalties .............................. 6
Section 13
Effective Date ............ ............................... 6
P']
Section 1 Title
This Ordinance shall be known and cited as the "Harnett County Firearms Discharge
Ordinance" (hereinafter referred to as "Ordinance ").
Section 2 Purpose
The purpose of this Ordinance is to implement standards for the discharge of firearms
that may cause injury, death or damage to personal property, whereas preserving the
personal freedom to engage in such activities, while promoting public health, safety,
welfare, comfort and prosperity of the citizens of Harnett County.
Section 3 Authority and Enactment
The Board of Commissioners of the County of Harnett, pursuant to the authority
conferred by the General Assembly of the State of North Carolina in General Statues
Chapter 153A — 129 hereby ordains and enacts into law this Ordinance.
Section 4 Jurisdiction
Under the authority granted by North Carolina General Statue 153A -122, the county is
hereby authorized to enact this Ordinance within the rural areas of the county and
outside and beyond the corporate limits of any municipality of Harnett County.
Section 5 Administration
The Sheriff of Harnett County, or his /her designee, shall be responsible for the
administration and enforcement of this Ordinance.
Section 6 Severability
If any section of. specific provision or standard of this Ordinance is found by a court to
be invalid, the decision of the court shall not affect the validity of any other section,
provision, or standard of this Ordinance.
Section 7 Conflict with Other Laws
It is not intended that this Ordinance repeal, abrogate, annul, impair, or interfere with
any existing provisions of any other ordinances or laws. However, if the requirements of
any other lawfully adopted rules, regulations, or ordinances of the County of Harnett
conflict with this Ordinance, the more restrictive or that imposing the higher standards
will govern.
3
Section 8 Amendment
This Ordinance may be amended from time to time by the Board of Commissioners of
the County of Harnett on its own motion or on petition and after public notice and
hearing.
Section 9 Definition
Firearm
A handgun, shotgun, rifle, cannon or any device which is capable of expelling a
projectile using an explosive charge as a propellant.
Section 10 Firearm Restrictions
It shall be unlawful for any person to discharge a firearm:
A. On a parcel of property that contains 10,000 sq. feet or less in overall dimension;
or
B. Carelessly and heedlessly, so as to endanger any person or property; or
C. Without due caution or circumspection and in a manner so as to endanger any
person or property and resulting in the unlawful property damage or bodily injury
of another; or
D. In a manner resulting in the projectile crossing the property line of another person
without written permission of the owner; or
E. While under the influence of alcohol or a controlled substance (under the
influence: determination by the investigating officer that the person is intoxicated
by alcohol or a narcotic to the point where physical and mental faculties are
appreciably diminished); or
F. When discharged on, from, or across the traveled portion of any public street or
highway; or
G. Without a backstop or other method of containment that will adequately contain the
projectile to the property upon which it was discharged.
4
Section 11 Exceptions
This Ordinance shall not be construed to rescind any of the state wildlife laws of North
Carolina nor shall it be construed to prohibit the following:
A. Any citizen from discharging a firearm when lawfully defending his person or
property.
B. Officers and enlisted personnel of the armed forces of the United States while in
the performance of their official duties and acting under orders requiring them to
carry arms, weapons or explosives.
C. Civil officers of the United States while in the performance of their official duties.
D. Officers of the state or of any county, city, or town charged with the execution of
the laws of the state when acting in the performance of their official duties.
E. The discharge of a firearm at a properly permitted and approved firing range or
facility operating as such prior to the adoption of the Ordinance.
F. Any citizen from discharging a firearm when protecting against the attack of any
dangerous or destructive animal or reptile.
G. The discharges of a firearm while participating in a special event such as turkey
shoots that hold a valid local county permit.
H. The performance of an historical ceremony or commemorative functions that are
conducted involving the discharge of firearms that do not involve the release of
projectiles.
I. The discharge of a firearm while in the process of lawfully hunting wild birds
and /or animals in accordance with Chapter 113, Subchapter IV of the North
Carolina General Statutes.
J. Discharging a firearm into a device that is designed to receive and contain
projectiles without risk of escape, which is located within the confines of an
enclosed structure.
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Section 12 Violations and Penalty
Each violation of this Ordinance shall constitute a Class 3 misdemeanor and any person
convicted of the same shall be fined not more than five hundred ($500.00) dollars
and /or imprisonment not exceeding thirty (30) days. A violation of this Ordinance may
be enforced by an appropriate, equitable remedy, including injunction and order of
abatement issued from a court of competent jurisdiction in accordance with North
Carolina General Statue 153A -123. Furthermore, a violation may cause a civil penalty to
be recovered by Harnett County in a civil action in the nature of a debt. Each day's
continuing violation of this Ordinance shall constitute a separate and distinct offense.
Section 13 Effective Date
This Ordinance shall take effect and be in force upon adoption.
Duly adopted this 2nd day of February, 2015.
HARNETT COUNTY BOARD OF COMMISSIONERS
i Q
COO
ATTEST:
C ^ LcL
Mar -
ret Regina,Nheeler, Clerk to the Board
7/
a `
im Burgin, Ch ' man
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