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339 <br /> <br />Presentation by Sheriff Robert Canadav <br /> <br /> Sheriff Robert Canaday presented comments concerning the discharge of <br />firearms and the difficulty in drafting a firearms ordinance. He stated in <br />his opinion the ordinance that had been proposed was much too strict and <br />would not adequately address safety concerns. He presented a substitute <br />ordinance that he stated would take into account the interest of both sides <br />and would provide enforceable guidelines for the safe discharge of firearms <br />by responsible parties in Cabarrus County. Further, he said the proposed <br />substitute ordinance is an enforceable and reasonable effort to protect the <br />· lives and safety of the citizens while at the same time allowing ample <br />opportunities for hunting, target practice and sighting in of firearms. <br />Sheriff Canaday asked the Board to consider the following substitute <br />ordinance: <br /> <br />Sec. 46-2. Discharge of firearms. <br /> <br />(a) <br /> <br />(b) <br /> <br />It shall be unlawful for any person in the County to discharge any <br />firearm or air compression gun of any kind, nature, make, or <br />description. <br />Nothing herein shall be construed so as to prohibit: <br />(1) Any person from discharging any firearm in the lawful defense of <br /> his person, family or property or pursuant to lawful directions of <br /> law enforcement officers; <br />(2) Any sworn law enforcement officer or active duty military officer <br /> from discharging a firearm in the performance of official duties: <br />(3) Any person, corporation, or organization operating a rifle, pistol, <br /> skeet or trap range or other firing range when such range is <br /> located in an area zoned for such by the Board of Commissioners and <br /> is substantially in accordance with specifications promulgated by <br /> the National Rifle Association or by an equivalent nationally <br /> recognized firearms safety authority for the type and caliber of <br /> firearms being fired; <br />(4) Any person who is practicing with or sighting in their firearm <br /> outside of a recognized firing range may do so, only under the <br /> following conditions: <br /> (a) The discharge of firearms shall not be allowed under this <br /> section on Sundays or earlier than 7:00 AM or later than 10:00 <br /> PM other days; and <br /> (b) The discharge of rim fire rifles, center fire rifles, muzzle <br /> loader/black powder rifles, shotgun slug ammunition and <br /> handguns shall be from an elevated firing point which shall be <br /> at a minimum of eight (8) feet higher than the elevation of <br /> the target or termination of projectile point whichever is <br /> farthest away from the discharge point or into an embankment <br /> or berm that is at least twenty (20) feet higher than the <br /> elevation at the point of discharge; and <br /> (c) The termination point of the fired projectile shall be into a <br /> back stop of some type that will safely stop the projectile <br /> and the target holding device shall be designed and <br /> constructed of such material as to prevent deflection Of <br /> projectiles; and <br /> (d) The discharge point, projectile course of travel and <br /> termination of projectile points shall be a minimum of five <br /> hundred (500) feet from any, occupied structure other than <br /> that of the property owner where the discharge and termination <br /> of projectile occurs; and <br /> (e) The person discharging the firearm shall use due caution in <br /> making sure that no person is in the line of fire during the <br /> discharge of any firearm; and <br /> (f) The discharge of a firearm is at times and in a manner that <br /> shows due regard for the safety and welfare of all citizens <br /> and property in close proximity to the discharge and <br /> termination points. <br />(5) Any person using, as intended, any device used for the firing of <br /> stud cartridges, explosive rivets, or similar ammunition; <br /> (6) Any person using a weapon or other instrument used to fire blank <br /> ammunition for a lawful purpose; <br />(7) Any person from discharging a firearm as part of a funeral <br /> ceremony, wherein blank cartridges are used; <br />(8) Any person, who holds a valid North Carolina hunting license and <br /> has it on his/her person at the time, from hunting on their own <br /> property or with the property owner, or on another's property in <br /> their absence when they possess written permission from the <br /> property owner to hunt, and <br /> <br /> <br />