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Discharge of firearm/private property

VikingsFan78

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#1
Can anyone help me understand the law as it pertains to discharge of a firearm on my own property? I live in Orange County NC.
 

Kodiak

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#2
Maybe this will help. Call your local Sheriff to get detailed info, is your best bet.

The discharge of a firearm in public is regulated at the city and county levels in North Carolina. The severity of punishment for this offense increases if it was conducted in connection with a criminal street gang.

Generally, North Carolina municipalities are authorized under G.S. 160A-189 to regulate the discharge of firearms within cities. In addition, many county ordinances restrict the discharge of firearms outside of hunting season.

Unlawful discharge is typically a Class 3 misdemeanor, punishable by up to $500 in fines and up to 30 days in jail. For example, in Lenoir County, such an offense is a Class 3 misdemeanor punishable by up to $500 in fines and 30 days in jail. In the city of Huntersville, the unlawful discharge of a weapon is a Class 3 misdemeanor, punishable by a fine of up to $50 and up to 30 days in jail.

Enhanced Offense for Criminal Gang Activity

If the public discharge of a firearm was committed in connection with a criminal street gang, the offender will be guilty of an offense one class higher than what would normally be charged. If the individual was facing a Class A1 misdemeanor, that charge will be upgraded to a Class I felony.

Aggravating Factors

Under 14-34.9, if a person discharges a weapon from a car or building as part of a criminal street gang, such an act will be a Class E felony. Discharge of a firearm in a neighborhood or at a school or other public building (including a church) will be charged as a Class I felony.
 

VikingsFan78

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#3
I am mostly interested in whether or not I can shoot a gun legally on my own property...I don't live in the city, but my guess is "no" because of I live in a residential neighborhood but it always pays to know for sure I guess.
 

FrontlineDefense

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#4
VikingsFan78 said:
Can anyone help me understand the law as it pertains to discharge of a firearm on my own property? I live in Orange County NC.
Call zoning, the Sheriff office can get you get you in trouble, they don't make the zoning laws, only enforce them. My friend Travis who owns Learn to shot nc, checked with Wake and JoCo Sheriff office, property was on both sides of the line. They said sure, no problem. Then the neighborhood across the street started their drama and next thing Zoning shows up in their county vehicle and shuts him down. Public hearing, denied (JoCo) he has since moved to another spot in Wake, shut down last week. I'm helping out with an alternate spot but ain't saying where. He's trying to get his 500+ Groupon classes caught up.
Always check with zoning first, then you can have it in your hands as proof that you are in compliance
 

Dragon21

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#5
I'm gonna have to look into this myself for vance co. I'll have private property to shoot on after the middle of March near Henderson. I believe it's zoned agricultural. Thanks for bringing this topic up good reminder for me
 

FrontlineDefense

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#6
Dragon21 said:
I'm gonna have to look into this myself for vance co. I'll have private property to shoot on after the middle of March near Henderson. I believe it's zoned agricultural. Thanks for bringing this topic up good reminder for me
When you talk to zoning they know 100% more than anyone. Why we have a range opening with no drama. I went through zoning first to get it approved. No drama from there out. You should be fine though on private land. Wake is the only one with strict regulations. Again ones own property is well received. It's when $$ starts changing hands. Even though learn to shoot nc got closed. The land owner still fires out there like crazy. No problem with that. He's the land owner.
 

Kodiak

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#7
Zoning is only to tell how you can use the land, such as for a business and what type of business. Private use is different. His land is zoned for residental, wheather or not he can discharge a firearm on it is up to the laws on the books, not zoning.
 

Scrmngchicken403

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#8
Dragon21 said:
I'm gonna have to look into this myself for vance co. I'll have private property to shoot on after the middle of March near Henderson. I believe it's zoned agricultural. Thanks for bringing this topic up good reminder for me
No ordinances in Vance. I used to shoot on private land near my house until someone shot up the backside of one of my neighbor's house. Now I go to a buddy's in Louisburg.
 

Gunny G

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#9
In Onslow county, you must be 500 feet from an occupied dwelling. I am looking for law reference on this as far as State also.

In Onslow County, we have had problems with people trespassing on bank-owned vacant land and shooting for hours at a time every weekend. The sheriff says they can't do anything except "run 'em off," because the land isn't posted
[hr]
There is a noise ordinance but look under exceptions and firearms is an exception (17." Discharge of firearms, but only as permitted by state law and county regulations")

http://search.municode.com/html/13166/level3/PTIGEOR_CH16EN_ARTIIINO.html#PTIGEOR_CH16EN_ARTIIINO_S16-54SOMEST

This is Orange County Code of Ordnances
http://search.municode.com/html/13166/level3/PTIGEOR_CH16EN_ARTIIINO.html
[hr]
Look througfh this, Orange County!
http://search.municode.com/html/13166/book.html

I found this on Orange County right under hunting and fishing on private land without permission.
Exposure of female Breasts
Sec. 24-2. - Exposure of female breasts.

(a)

Scope. This section shall apply to all areas of the county lying outside the jurisdiction of any incorporated municipality.

(b)

Prohibited.

(1)

It shall be unlawful for any female over the age of 14 years, or any other physically developed female person to expose her breasts in such manner that they might be seen from, in or at any street or highway or place of entertainment or place of public assembly or any club where persons may associate for a common purpose.

(2)

The term "expose her breasts" means the revealing of the female breast with less than a fully opaque covering on any portion lower than the top of any part of the areola. The term shall not apply to plunging necklines that do not expose the areola to view.
Very Interesting :D


Don't see any ordnances prohibiting or regulating discharge of firearms on your own property.
I guess you'll have to default to State Law.

I don't see anything under OC zoning prohibiting it either.
http://search.municode.com/html/13166/level2/PTIGEOR_CH50ZO.html

Have you looked through these yet?
NC FIREARMS LAWS, For more info on Firearms Law in NC call, LawEnforcement Laison Section at 919-716-6725
That info is from page 38
http://www.carolinapublicpress.org/wp-content/uploads/2012/01/NC-firearms-laws.pdf

https://www.ncgunowners.com/forum/forumdisplay.php?fid=18
http://www.ncsheriffs.org/firearms.htm
 

sierra ss

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#10
Thank God I live int the mountains.
 

FrontlineDefense

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#11
Zoning is the official place to go everyone. I have been in the "range development" mode for over 5 years now. First question I asked is what the regulations pertaining to the discharge of a firearm on one's own property. Every single time I would be sent over to zoning to see what regulations they had in place. I would then ask about friends and family. I would be asked by zoning if money would be changing hands, then now it's commercial, planning board mtg, then commissioners. I did this in 9 counties as we were looking for a range friendly county. All of them have ordinances for this type of sport and most don't give a rats butt till neighborhood A or B starts calling in. If you are within the ordinances set forth, they can't do squat to ya. This applies to private and business. Again, I've been to the planning boards and I have met all the zoning directors in the surrounding counties of Wake. Trust me when I say to call zoning. Even my meetings in Warren county all kept going back to the zoning director, which many of you met at our June 12th mtg at the North Raleigh Hilton 2012. :thumbsup:
 

montveil

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#12
Live outside Boone in Watauga county and have no problems shooting on my property with adequate backstops. The only difficulty is that the neighbors dogs which are really disturbed by the report.
Being neighborly, I call them before shooting, so they can do what they have to for the dogs.
 

JackRussell

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#13
I think the ladies in Orange Co. need to stage a protest like they do in Asheville. They shouldn't let an archaic law interfere with their pursuit of happiness like that!
 

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