Johnston County leaders approved new gun ordinance

[bryand71]

http://triangle.news14.com/content/local_news/triangle/637746/johnston-county-leaders-approved-new-gun-ordinance

SMITHFIELD, N.C. – Johnston County officials approved a new ordinance Monday that could affect where and when a gun can be fired. County officials say over the last two years, there have been more than 1,000 gun related calls to the Sheriff's Office.

Johnston County Commissioners unanimously approved the ordinance following a public hearing Monday night. About 100 people attended the meeting and most of them were opposed to the gun ordinance, saying it takes away gun owner's right.

However, some people spoke in favor of the ordinance. They say they don't feel safe outside their homes due to stray gunfire.

"They go out there and they shoot at their discretion," said Lisa Toole. "You cannot get in the yard. You cannot entertain. Kids cannot play. We have livestock next door. My dad works in his pastures and I'm afraid he's going to be shot."

"Shooting is about the only thing I can do know because of my disability," said Junior Sasser. "And to try to take that away, it hurts me bad."

Under the ordinance, homeowners can only shoot on their own property and the bullet cannot leave their property. Commissioners say this ordinance should not affect responsible gun owners who take precautions when shooting on their own land.

[Hazcat]

Under the ordinance, homeowners can only shoot on their own property and the bullet cannot leave their property. Commissioners say this ordinance should not affect responsible gun owners who take precautions when shooting on their own land.

It seems reasonable.  You should know the terminus of your bullet.

[tombogan03884]

What Haz said.

[PegLeg45]

It seems reasonable.  You should know the terminus of your bullet.

+1

When my friend built his range, he had to sign papers with the county saying he would take reasonable and necessary measures to try to contain projectiles to range property.

[TAB]

If thats all it is, anyone that would argue against that has thier head very far up thier ass.

[Sponsor]

[Solus]

Well, there might be some concerns.

One is that you can only shoot on your own property.  Don't think the ordinance really is meant to outlaw gun ranges, but if that is taken literally, it does.  You also can't shoot on your buddies property.

Second is that responsible shooters already are sure of their backstop, be it on their property or not.  Irresponsible shooters may just continue shooting the way they do and the problem will not be solved, which is likely to lead to more restrictive laws.

If they haven't been able to find those who are shooting irresponsibly, this law won't help. 

I guess it will help if they can find and identify them but have nothing for which they can be arrested.

[MikeBjerum]

I'd like to see the actual law.  I wonder what the specific details are.  Does it limit it to property owners only on their own property, does it limit friends shooting together, does it limit someone with a gravel pit allowing friends or a club to shoot? 

[blackwolfe]

What I didn't see in the article was any reports of errant bullets.  I read about people complaining of shooting.  Maybe this is a case of "not in my back yard."   We have a case of that in my county with the sherriff department range.  It was built on landfill property in close proximity to two existing sportsmen clubs, but the neighbors filed a lawsuit.  Neighbors have fictisouly complained about shooting noise and stray bullets, sometimes even when the range is not in use.  Need more background on the situation as it applies here.  Granted, one should know there target and what is beyond.

[bryand71]

This was all over the morning talk show here in Raleigh. From what they were saying, Hunting is excluded and you can shoot on private property with permission from the owner. The talk show hosts didn't have the regs in front of them but it sounded like the City Counsel was making common sense into law. I will see what I can find and post it for review. Did a quick search and found this posted in a forum on Opencarry.org

http://www.johnstonnc.com/files/board/Rev2.pdf

 Originally Posted by Proposed Ordinance following 1/20 meeting
An Ordinance to Regulate the Discharge of Firearms
Johnston County Code of Ordinance - Chapter 16
DRAFT – REVISION 2
Johnston County Code of Ordinances
Chapter 16 Offenses and Miscellaneous Provisions
Section 16-3. Discharge of Firearms
1) The provisions of this ordinance shall apply to all properties located outside of any municipal limits.
2) For purposes of this subchapter, FIREARM is defined as a handgun, shotgun, or rifle which expels a projectile by action of an explosion.
3) It shall be unlawful for any person to utilize a firearm in the county carelessly and heedlessly, so as to endanger any person or property, or discharge a firearm that results in a projectile crossing the property of another person without their permission, or utilize a firearm while under the influence of alcohol or a controlled substance.
4) It shall be unlawful for any person to discharge any firearm on or from the traveled portion of any public street or highway.
5) The discharge of firearms from one hour after sunset to sunrise is prohibited by Article II, Section 12-32(6) of the Johnston County Code of Ordinances with the following exceptions.
6) Miscellaneous exceptions.
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 necessary to protect life or property;
iii) to the taking of birds or animals pursuant to G.S. 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 for defense of person or property;
v) or nonprofit special events such as turkey shoots with a valid local permit.
7) Penalties. A violation of this article by any person is a misdemeanor and shall subject the offender to a fine of $100.00 and/or imprisonment for up to 30 days. A second or subsequent violation by the same person within one year shall subject such person to a fine of up to $300.00 but not less than $100.00 and/or imprisonment for up to 30 days.

Revisions to Section 12-32 – Noise Ordinance
(In correlation with an ordinance to regulate the discharge of firearms)
Sec. 12-32. Loud and disturbing noise.
(a) Subject to the provisions of this article, the creation of any unreasonable loud and disturbing noise in the county is prohibited and unlawful. Noise of such character, intensity and duration as to be detrimental to the health, safety or welfare of any individual is prohibited.
(b) The following acts, among others, are declared to be loud and disturbing noises in violation of this article, but such enumeration shall not be deemed to be exclusive:
(1) The use of any loud, boisterous or raucous language or shouting so as to annoy or disturb the quiet, comfort or repose of persons in the vicinity.
(2) The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, except as a danger signal or as required by law, so as to create any unreasonable loud or harsh sound; or the sounding of such device for an unreasonable period of time.
(3) The playing of any radio, television set, record player, musical instrument or sound-producing or sound-amplifying device in such manner or with such volume, particularly, but not limited to, the hours between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons of normal sensibilities in any dwelling, motel, hotel or other type of residence.
(4) The keeping of any animal, except livestock and poultry, which, by causing frequent or long continued noise on a regular basis, shall disturb the comfort and repose of any person of normal sensibility in the vicinity. If the violation continues or complaints are received from other households, the owner shall be granted ten working days to rectify the situation.
(5) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud grating, grinding, rattling or other noise.
(6) The discharge of firearms as defined in Chapter 16 Section 3 of the County Code of Ordinances from one hour after sunset to sunrise but shall not apply to the following exceptions:
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 necessary to protect life or property;
iii) to the taking of birds or animals pursuant to G.S. 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 for defense of person or property;
v) or nonprofit special events such as turkey shoots with a valid local permit.

[Solus]

Not a lawyer, but nothing in there seemed to be anything more than common courtesy and responsible firearms use.

I noticed you can shoot on others property with their permission and that you can also shoot over or into another's property with their permission.