§ 130.05 DISCHARGE OF FIREARMS, PELLET GUNS AND THE LIKE PROHIBITED.
   (A)   Firearms; exceptions. No person shall discharge any firearm, within or into the corporate limits of the town, except as permitted as follows:
      (1)   It shall not be a violation to discharge a firearm while engaged in lawful defense of persons or property or pursuant to lawful directions of law-enforcement officers.
      (2)   It shall not be a violation to discharge a firearm while engaged in otherwise lawful hunting or target shooting, provided that the person is not within 750 feet of any dwelling, school, church, any occupied building, a public or private park and any type of public gathering place; and provided further that there is no person, vehicle, domestic animal, livestock, building or public street or highway within the field of fire.
      (3)   It shall not be a violation for a law enforcement officer of any governmental agency or body charged with the duties of protecting life or property or enforcing the laws and regulations while engaged in the performance of their official duty to discharge a firearm.
   (B)   Pellet guns and the like. No person shall discharge a pellet gun, BB gun, or any other mechanism or device designed or used to project a missile by compressed air or mechanical action with less than deadly force, within 500 feet of any dwelling, school, church, any occupied building, a public or private park and any type of public gathering place; and provided further that there is no person, vehicle, domestic animal, livestock, building or public street or highway within the field of fire.
   (C)   Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicated or requires a different meaning.
      DWELLING. A dwelling is a structure regularly used by a person or persons for sleeping.
      FIELD OF FIRE. The area included within a semicircle described by a 90 degree arc to either side of the line of fire, and having a radius equal to the range of the firearm, unless the line of fire is so totally obstructed as to prevent the bullet or shot from carrying to its normal range.
      FIREARM. A firearm is a weapon that propels shot, shell or bullets by the action of an explosive within it.
      REGULARLY USED. Use that occurs in ordinary practice or in the ordinary course of events.
   (D)   Penalty. If any person shall violate this section he or she shall, upon conviction, be guilty of a Class 3 misdemeanor and shall be fined $100 or imprisoned for not more than 20 days, or both.
(Ord. passed 11-27-2006; Am. Ord. passed 11-28-2011)
Statutory reference:
   Authority to regulate or prohibit the discharge of firearms, see G.S. § 160A-189
   Authority to regulate pellet guns and similar devices, see G.S. § 160A-190