Article II - Restrictions Regarding Discharge of Firearms

23-8. Title

This Article II shall be referred to as the "Henderson County Ordinance Regulating the Discharge and Display of Firearms."

23-9. Authority and Jurisdiction.

This Article II is enacted pursuant to the authority of N.C. Gen. Stat. §153A-129. This Article II shall be interpreted in accordance with any sections of the General Statutes which, by their terms, limit the authority of the County to regulate the discharge of firearms. This Article II shall apply to the unincorporated areas of Henderson County and to those incorporated areas of any city or town specifically requesting its enforcement by Henderson County upon the consent of the Henderson County Board of Commissioners. (In making such a request, the city or town must comply with the requirements of N.C. Gen. Stat. §153A-122.)

23-10. Restrictions

Restrictions.

  1. It is unlawful for any person to discharge a firearm:
    1. Carelessly or heedlessly in wanton disregard for the safety of others; or
    2. Without due caution or circumspection and in a manner so as to endanger any person or property; or
    3. Resulting in the unlawful property damage or bodily injury of another.
  2. It is unlawful for any person to discharge a firearm on the property of another without his or her permission.
  3. It is unlawful to discharge a firearm in any manner which actually results in the projectile leaving the property on which it is being fired.
  4. This section shall not be construed as prohibiting discharge of a firearm when used:
    1. In lawful defense of person or property;
    2. To lawfully take birds or animals pursuant to Chapter 113, Subchapter IV, of the General Statutes;
    3. Pursuant to lawful directions of law enforcement officers;
    4. By persons lawfully engaged in pest control or the taking of dangerous animals;
    5. By members of the armed forces acting in the line of duty; or
    6. At historical ceremonial or commemoration functions held for such purpose, provided in no event shall live ammunition be used or discharged.
23-11. Violations and Penalties.

Misdemeanor. The violation of any provision of this Article shall be a misdemeanor and any person convicted of such violation shall be punishable as provided in N.C. Gen. Stat. §14-4.