Section
Offenses Against Public Peace and Safety
130.01 Discharge and possession of firearms prohibited; exceptions
130.02 Posting of signs to prohibit concealed weapons
130.03 Discharge and possession of projectile weapons prohibited; exceptions
Cross-reference:
Posting of signs on property under the control of the Alcoholic Beverage Control Board, 112.02
OFFENSES AGAINST PUBLIC PEACE AND SAFETY
(A) Discharge of firearms, generally. It shall be unlawful for any person to discharge a gun, rifle, pistol or other firearm within the village without reasonable regard for the safety of persons or property.
(B) Restrictions regarding discharge of firearms; exceptions.
(1) Restrictions. No person shall, without the written permission of the current owner or lawful occupant of such property, discharge a firearm within 300 feet of a dwelling or other building or structure, which is designed to be occupied by human beings. Such written permission must be dated, shall be valid for no longer than one year after its issuance and must be displayed upon the request of any law enforcement officer with authority to enforce this section.
(2) Exceptions. This section shall not be construed as prohibiting discharge of a firearm when used:
(a) In defense of person or property;
(b) To take birds or animals pursuant to G.S. Chapter 113, Subchapter IV, Game Laws;
(c) Pursuant to lawful directions of law enforcement officers;
(d) By persons lawfully engaged in pest control or the taking of dangerous animals;
(e) At shooting ranges as authorized and approved pursuant to zoning permit of the unified development ordinances of Forsyth County, as adopted by the village;
(f) By members of the armed forces acting in the line of duty;
(g) At historic ceremonial or commemoration functions held for such purpose provided in no event shall live ammunition be used or discharged; or
(h) Permitted land uses in the Village of Clemmons Unified Development Ordinances.
(C) Possession of firearms prohibited in certain places. It shall be unlawful for any person to possess or carry, or to fire or discharge any gun, rifle, pistol or other firearm in any building or appurtenant premises owned or operated by the village (whether within or outside the corporate limits), or on or in any public school building or grounds within the village, or on or in any property within the village operated by or under the control of the Forsyth Municipal Alcoholic Beverage Control Board.
(D) Exclusions.
(1) This section shall not apply to an officer lawfully discharging his or her duty, or to a watchman or other person specifically authorized to carry firearms on such premises while acting lawfully and within the scope of his or her authority; nor shall it prohibit the lawful possession or carrying of firearms on the public streets.
(2) None of the provisions of this section shall be construed so as to prohibit law enforcement officers from discharging firearms within the corporate limits of the village on any firing range maintained for the training of law enforcement officers when such firing is conducted for training purposes under the supervision and direction of an officer in charge of the training program.
(E) Criminal penalty. If any person shall violate this section, he or she shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500, subject to the provisions in G.S. § 14-4.
(Ord. 89-06, passed 9-1-89; Am. Ord. 93-2, passed 3-15-93; Am. Ord. 96-05, passed 3-11-96; Am. Ord. 97-9, passed 3-24-97; Am. Ord. 97-14, passed 7-14-97; Am. Ord. 2004-07, passed 11-22-04; Am. Ord. 2013-12, passed 10-28-13; Am. Ord. 2022-03, passed 4-25-22
Penalty, see § 10.99
(A) Weapons on village property prohibited. No person shall possess or carry in or on any village building and its appurtenant premises, whether openly or concealed, any weapon as described in G.S. § 14-269(a) or G.S. § 14-415.10.
(B) Exemptions. This section shall not apply to those individuals exempted under G.S. § 14-269(b).
(C) Posting of signs required. The Village Manager is hereby directed to post appropriate signage on each building or portion of a building now or hereafter owned, leased as lessee, operated, occupied, managed, or controlled by the village, as well as the appurtenant premises to such buildings notifying persons entering therein that weapons described in G.S. § 14-269(a) and G.S. § 14-415.10 are prohibited therein. The signage shall enumerate those weapons described in G.S. § 14-269(a) and G.S. § 14-415.10 which are: handguns, bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shuriken, stun gun, or other deadly weapon of like kind. The signage shall further note that the village prohibits firearms of any type in any building or appurtenant premise thereof owned or operated by the village. The signage shall further note that an ordinary pocket knife with a blade of less than five inches in length is not prohibited by village ordinance.
(D) Location of signs. The signs shall be visibly posted on the exterior of each entrance by which the general public can access the building or appurtenant premise. The Village Manager shall exercise discretion in determining the necessity and appropriate location for other signs posted on the interior of the building or appurtenant premises.
(E) Criminal penalty. If any person shall violate this section, he or she shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500, subject to the provisions in G.S. § 14-4.
(Am. Ord. 95-25, passed 10-23-95; Am. Ord. 2013-12, passed 10-28-13; Am. Ord. 2014-01, passed 1- 27-14; Am. Ord. 2022-03, passed 4-25-22)
(A) Discharge of firearms, generally. It shall be unlawful within the village for any person to discharge a BB gun, pellet gun, air rifle, bow, crossbow, slingshot, dart thrower, paint gun or toy gun which propels any kind of projectile upon being discharged.
(B) Non-application; exceptions.
(1) Non-application. This section shall not apply to the discharge of a projectile weapon at or in a private residence, either one’s own property, or the property of another, for which signed and dated written permission has been given to discharge a projectile weapon; provided that any projectile so discharged is contained on the property.
(2) Exceptions. This section shall not be construed as prohibiting discharge of a projectile weapon when used:
(a) In defense of person or property;
(b) To take birds or animals pursuant to G.S. Chapter 113, Subchapter IV, Game Laws;
(c) Pursuant to lawful directions of law enforcement officers;
(d) By persons lawfully engaged in pest control or the taking of dangerous animals;
(e) At shooting ranges or places of business as authorized and approved for such purposes pursuant to zoning permit of the Village of Clemmons Unified Development Ordinances;
(f) By members of the armed forces acting in the line of duty; or
(g) At historic ceremonial or commemoration functions held for such purpose provided in no event shall live ammunition be used or discharged.
(C) Possession of projectile weapons prohibited in certain places. It shall be unlawful for any person to possess or carry, or to fire or discharge any projectile weapon on or in any building, park, recreation area or other property owned or operated by the village (whether within or outside the corporate limits), or on or in any public school building or grounds within the village or on or in any property within the village operated by or under the control of the Forsyth Municipal Alcoholic Beverage Control Board.
(D) Possession by minors. It shall be unlawful for any minor person under 18 years of age, unless accompanied by a parent, legal guardian or other adult person having custody of that child, to have any rifle or shotgun, or ammunition therefor, BB gun, pellet gun, air rifle, slingshot, or other projectile weapon in his or her possession at any place within the village, except on his or her own premises; or on any property owned or operated by the village outside of the corporate limits of the village. Any such projectile weapon in the possession of any person under 18 years of age who is not then accompanied by one of the persons named in this section and who is on premises other than his or her own shall be subject to seizure and confiscation by the law enforcement agencies.
(E) Exclusions.
(1) This section shall not apply to an officer lawfully discharging his or her duty, or to a watchman or other person specifically authorized to carry firearms on such premises while acting lawfully and within the scope of his or her authority; nor shall it prohibit the lawful possession or carrying of firearms on the public streets.
(2) None of the provisions of this section shall be construed so as to prohibit law enforcement officers from discharging firearms within the corporate limits of the village on any firing range maintained for the training of law enforcement officers when such firing is conducted for training purposes under the supervision and direction of an officer in charge of the training program.
(F) Criminal penalty. If any person shall violate this section, he or she shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500, subject to the provisions in G.S. § 14-4.
(Ord. 2005-05, passed 5-9-05; Am. Ord. 2022-03, passed 4-25-22)