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Discussion in 'Politics, Elections & Legislation' started by Brian in Oregon, Dec 19, 2010.

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  1. Brian in Oregon

    Brian in Oregon Well-Known Member

    Jan 29, 1998
    Deplorable Bitter Clinger in Liberal La La Land
    Passing this on for any trapshooters in Johnston County NC who may not be aware of this. They're trying to run this through while people are busy with Christmas and New Years. Please repost to other sites where there may be people from NC.


    If you are in NC, Listen-up, an Anti-Gun Ordnance is coming up for vote in Johnston County..... People they almost slipped this draconian piece of Socialist Anti-Firearms law right under our noses...

    They are trying to ban the discharge of a Firearm (in this definition, anything that expels a projectile) within 600ft of basically any structure and more.. it gets even better...

    They even classify a Bow and Arrow as a FIREARM.. And in the lower question and answer section specifically say yes it would be effected,,, BB guns, yup, Pellet guns, Yup.. I would have to get written permission from 16 people for my child to be able to shoot their BB gun in my yard, on my property... or for me to be able to shoot my Bow..

    Please help us to defeat this.... Please send an email to the county commissioners telling them to soundly defeat Section 16-3 – Firearms Ordinance



    If you are local make sure you are at this ont he 3rd of January
    The Johnston County Board of Commissioners will hold public hearings on Monday, January 3, 2011, in the Commissioners’ meeting room, Johnston County Courthouse Annex, Smithfield, NC 27577. These hearings will follow the Rezoning and Special Use Hearings and other regular business, which begin at 6:00 p.m.

    The purpose of the public hearings is to receive public comment and discussion on the proposed amendments to the Code of Ordinances as it relates to the following sections:

    Section 16-3 – Firearms Ordinance

    Copies of the proposed amendments are available for public inspection by visiting the Clerk to the Board’s office located in the Courthouse at 207 East Johnston Street, Room 206-B, Smithfield, North Carolina or by calling (919) 989-5100.

    Here is the text of the proposal.. I've been doing this a long time and I have never heard of anything this draconian..

    Johnston County


    “Here to Serve… “


    TO: Johnston County Board of Commissioners
    FROM: Berry Gray, Planning Director
    SUBJECT: Firearms Ordinance
    DATE: November 17, 2010

    At the October Board of Commissioners’ Meeting, staff was asked to develop regulations for the discharge of firearms. Following is a proposed amendment to the County Code of Ordinances which was reviewed by the Johnston County Planning Board with a vote of 4 in favor and 4 against. Since the Board was split evenly in its decision, I have attached a copy of the Planning Board discussion so that the Commissioners can review the concerns.

    County Code of Ordinances
    Chapter 16 Offenses and Miscellaneous Provisions

    16-3. Discharge of Firearms

    1) The provisions of this ordinance shall apply to all properties located outside of any municipal limits.

    2) The purposes of this subchapter, FIREARM is defined as any gun, rifle, pistol or other weapon capable of discharging projectiles such as shot, bullets, pellets or similar projectile

    3) It shall be unlawful for any person to discharge any firearm on or from the traveled portion of any public street or highway.

    4) It shall be unlawful for any person to discharge any firearm within 600 feet of any building or area which is or is reasonably likely to be occupied, including but not limited to , any school, church, playground or park except as provided in subsection #5.

    5) It shall be unlawful for any person other than the owner or lessee of a dwelling or a member of the immediate family actually residing in the dwelling to discharge any fire arm with in 600 feet thereof without the written or verbal permission of the owner or lessee of the dwelling provided it is greater than 600’ from the adjacent occupied dwelling.

    6) It shall be unlawful for any person to discharge an firearm in such a way as will, or is likely to, result in the projectile there of leaving the property upon which the firearm is lawfully discharged.

    7) Miscellaneous exceptions. non of the provisions of this subchapter shall apply to:

    i) law enforcement officers or members of the armed forces acting in the line of duty.

    ii) to the shooting or killing of any dangerous or destructive animal or reptile when necce3ssary to protect life or property;

    iii) to the taking of birds or animals pursuant to GS. Chapter 113, Subchapter IV, as it is from time to time amended, or pursuant to lawfully issued state or federal hunting or wildlife removal permits:

    iv) to the use of firearms of defense of person or property;

    v) or nonprofit special events such as turkey shoots with a valid local permit.

    Items highlighted were recommended for removal based on preliminary review.

    November 16, 2010 Draft Planning board Minutes:
    Discussion Item:

    Mr. Gray stated that the Commissioners asked staff in October to develop regulations for the discharge of firearms. This is the response to several complaints of shooting within residential areas. He added that staff researched other counties and local municipalities and most of them do regulate discharging firearms. He reminded the Board that this draft is not tin the zoning ordinance and would not be enforced by the Planning Department. It would be enforced by the Sheriff’s Office but the staff is gathering the information together through research and compiling it into this draft ordinance.

    Mr. Gray also explained that this would apply within the Town ETJs

    Mr. Gray read each of the points listed on the memorandum (attached #1)

    Mr. Jenkins asked if Bow and Arrow was included.

    Mr. Gray stated yes, it would be included.

    There was discussion of the 600’ distance from an occupied dwelling. Mr. Gray added that if you five someone permission to target shoot in your yard and you live on 10 acres, then that would be allowable, as long as you gibe them permission. That, we want to make sure is understood. With the 600’ you do away with subdivision lots mostly, he continued.

    Mr. Massengill stated that by listing 600’, you eliminate 80% of all properties. He suggested stating no shooting in major subdivisions.

    Mr. Gray replied that defining major subdivision is difficult in that some of the problems are occurring on individual road front lots which are not part of a subdivision.

    Mr. Gray added that there had been meetings with the Sherriff to discuss the ordinances and the enforcement. He also acknowledged the liability the County holds right now in not having an ordinance such as thins. especially if someone gets shot or something happens and the County has been aware of other issues.

    Mr. Mills further explained that reasoning of the Ordinance. He also explained to the Board that the highlighted wording “provided it is greater than 600’ from an adjacent occupied dwelling. “ is unnecessary and removing would make the section clearer.

    Mr. Mills also explained that the sheriff currently has no ability to address the shooting complains and that this Ordinance would give the Sheriff something to use even if it is just going on site to explain to the shooter that it is not legal.

    There was question as to how the general public would know about this new law if it went into place.

    There was brief discussion on hunting and how it relates which Mr. Gray reiterated that hunting ins exempt from the regulation due to the State Statute.

    Mr. Massengill asked about the success rate in other countries. municipalities with what they are doing, specifically Durham County?

    Mr. Gray stated that he wasn’t sure of the success rate but acknowledged the enforcement can be difficult.

    Mr. Letchworth stated that having an Ordinance that regulating projectiles leaving the property and causing a hazard to neighbors would address the situation and that specific distance would not be necessary.

    Mr. Summerlin also expressed concern with the distance and potential limitations it would cause to County citizens

    Mr. Jenkins discussed that if a distance wasn’t included then the sheriff couldn’t’ enforce it. He added that it has to be tied to a certain distance.

    There was also discussion on how the 600’ would be measured and the difficulty in measuring by law enforcement if they are not present to actually witness the shooting and the location.

    Additionally, the re was discussion on the 600’ not being enough of the intent is the reduce noise.

    Mr. Gray acknowledged that there is a noise ordinance already in place.

    It was also discussed that this would only complaint driven

    There was discussion on sundown being listed as a cutoff as to when someone can shoot.

    Mr. Gray also added that there’s hope that everyone will be a good neighbor and either by verbal or written permission, can tell their neighbor they don’t care if they shoot less than 600’ from their property. So the ordinance does not prohibit shooting as long as the neighbors are fine with it.

    Mr. Browder voted to approve the draft ordinance with the deleting of the highlighted “provided it is greater than 600’ from an adjacent occupied dwelling”, seconded by Mr. DeLaine with Mr. Browner, Mr. DeLaine. Mr. Jenkins and Mr. Smith agreeing. Mr. Letchworth, Ms. Summerlin. Mr Massengill, and Mr. Edwards voted against.

    The motion to recommend approval of the firearms ordinance failed due to a tie vote of 4-4. It will be forwarded to the Commissioners for their review based on the Planning Board not being able to reach a firm conclusion/decision.

    309 E. Market St., Smithfield, NC 17577

    Telephone (919) 989-5150 * Fax (919) 989-5426

  2. willing

    willing Member

    Jan 29, 1998
    E NorthCarolina
    I don't like it. but sometimes there are reasons. I live in a small community away from much. We have a golf course surrounded by housing and one day a workman spotted a deer on the course. He got out of his truck and shot it.
    We now have that rule. They play golf all year around here and it is pretty well built up. We both know a rifle bullet fired on the level will not travel that far before hitting the ground if aimed at a deer, but most people don't.
  3. daddiooo

    daddiooo TS Supporters TS Supporters

    Jan 29, 1998
    Call your commissioners and protest loudly. Don't allow that to get passed.

    willing....as for the guy that shot the deer on a golf course....put his ass in jail.
  4. 870

    870 Well-Known Member

    Jan 29, 1998
    I guess it's spreading. I bet that wording is more common than you think. In NYS it's 500 ft.
  5. Brian in Oregon

    Brian in Oregon Well-Known Member

    Jan 29, 1998
    Deplorable Bitter Clinger in Liberal La La Land
    Bill, if there are urban areas or safety areas that need to have case by case restrictions on firearms discharge, that's one thing. This is a blanket one-size-fits-all discharge ban for an entire country.
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