§ 13-2010. FIREARMS; DISCHARGE WITHIN CITY.

(a)

It shall be unlawful for any person to shoot or discharge within the corporate limits of the City , any air rifle, gun or pistol, or any spring gun, pistol, or other similar device which impels with force any shot or pellet of any kind. The Chief of Police or any member of the Police Department is hereby authorized to seize and hold subject to order of court, any such air rifle, gun or pistol or spring gun or pistol, or other similar device which impels with force any shot or pellet of any kind, which shall be used, shot, or discharged within the City , in violation of this section.

This subsection shall not become effective immediately with respect to property which meets the following criteria: (i) consists of one thousand (1,000) or more contiguous acres under common ownership; (ii) does not contain an occupied residence ; (iii) has been annexed by voluntary petition with an effective date on or after July 1, 1995; and (iv) the owner shows by satisfactory proof that there is an outstanding lease, for hunting purposes, to an organized hunting club. This subsection shall become effective with respect to such property on the earlier of three (3) years after the effective date of annexation or the date the hunting club lease, including allowable extensions, expires or is terminated. The property owner shall notify the City of the expiration or termination of the lease if within the three- year period. Between the effective date of annexation and the date this subsection becomes effective, firearms may be discharged on the property only for hunting purposes by persons who are members or permitted guests of the lessee hunting club, or otherwise as allowed by this section, but in no event within one thousand (1,000) feet of an occupied residence .

(b)

Nothing in this section shall be construed to prevent a person over twenty-one (21) years of age using a .22 calibre rifle with blank or shot cartridges upon property owned or occupied by him from firing upon pigeons, squirrels or rats (when not in violation of state law) upon or around an apartment or dwelling or, with written permission of the owner and occupant, another occupied facility, if such person shall first procure a permit from the Chief of Police for such purpose. The permit shall run for not more than ninety (90) days, and shall authorize firing during daylight hours on weekdays only upon premises owned or occupied by the applicant, and shall be revocable by the Chief of Police upon a violation of its conditions or upon complaint that the permit holder is not exercising his privilege in a careful and prudent manner and with due regard to life and property . Permits shall not be issued for property located within one hundred fifty (150) feet of a school or park.

(c)

The provisions of this paragraph shall not be construed to prohibit the discharge of such devices either during a course of instruction in their use conducted by the Police Department of the City or on a firing range completely enclosed within a building in the City , after inspection of the building and approval of the use of such range by the Police Department from the standpoint of public safety.

(d)

It shall be illegal to possess a firearm, including concealed handguns otherwise allowed by the provisions of G.S. article 54B, on or about the person on any City -owned or controlled property , whether real or personal. The City Manager is hereby directed to post an appropriate notice of the ban on concealed handguns at and in every lot or building owned or controlled by the City. This prohibition shall not apply to on-duty law enforcement personnel, active duty military personnel on assignment, or to any activities carried out on a City -owned or controlled fire range.

( Code 1959 , §15-21; Ord. No. 1981-562, §1, 1-6-81; Ord. No. 1992-8, §1, 7-7-92; Ord. No. 1993-188, §1, 5-4-93; Ord. No. 1995-749, §1, 10-18-95; Ord. No. 1995-788, §1, 12-5-95; Ord. No. 2002-277, § 1, 9-3-02)

Cross reference: Weapons prohibited, §9-2021.

State law reference: Authority to regulate firearms, G.S. 160A-189.