Question about NC concealed carry...

This is a discussion on Question about NC concealed carry... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; My city has an ordinance against discharging a firearm within the city limits. I have an NC CCL. If I discharge a firearm in the ...

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  1. #1
    New Member Array ronc1's Avatar
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    Question about NC concealed carry...

    My city has an ordinance against discharging a firearm within the city limits. I have an NC CCL.

    If I discharge a firearm in the city limits in self defense, or any other condition allowed by CCL, have I still broken the city ordinance. What trumps what?

    Thanks in advance.

    Ron

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  3. #2
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    As a general rule in a self-defense situation you are justified in discharging a firearm within the city limits.
    When you have to shoot, shoot. Don't talk.
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    If you were to post the exact wording of the ordinance, then it would be easier to post our unprofessional answers. But I agree, most limitations on firearm use are excluded in situations of self defense.
    Retired USAF E-8. Avatar is OldVet from days long gone. Oh, to be young again.
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    Our city in Eastern NC, though small, has an exception written in the law for SD.

    Check the law again and see if yours does.

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    VIP Member Array NC Bullseye's Avatar
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    As the others have said, you need to post the city or a link to the city law to be able to answer your question.
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  7. #6
    New Member Array ronc1's Avatar
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    Okay, here is the section of the City Ordinances which deal with firearms discharge... Thanks for your thoughts. I assume air rifle is okay as long as the shooter doesn't hit anything of value not owned by the shooter.

    FAYETTEVILLE CODE OF ORDINANCES
    TITLE XIII GENERAL OFFENSES

    130.17 Discharge Of Firearms Prohibited; Exceptions
    (A) It shall be unlawful for any person to discharge any pistol, rifle, gun, or other firearm within the city. This section shall not apply to any law enforcement officer in the discharge of his official duties, firearms qualification at the police pistol/rifle range, and practice at same with official permission.

    (B) This section shall not apply to the firing of rifles and pistols by members of organized rifle or pistol clubs or associations provided the following conditions are met:
    (1) All firing of rifles and pistols shall be on an indoor range, which facility shall first be approved in writing by the chief of police, or at the police department's outdoor range.
    (2) One or more certified instructors, as may be reasonably necessary for safe operation of such range, shall be present at all times during operation of the range and firing of rifles or pistols. Instructors shall be currently certified either by a branch of the armed forces of the United States or by a recognized, accredited, national rifle or pistol association.
    (3) The organized rifle or pistol club or association shall keep and maintain at all times in full force and effect a policy of public liability insurance issued by an insurance company authorized to do business in the state, insuring against bodily injury, death and property damage in minimum limits of $20,000.00 per person, and $50,000.00 per accident for death and bodily injury, and $10,000.00 for property damage. Current certificates of insurance evidencing such coverage will be provided to the chief ofpolice.
    (4) The location and operation of such rifle or pistol ranges shall at all times be consistent with the zoning ordinances of the city, and shall be conducted in such a manner as not to constitute a disturbance of the public peace.
    (Code 1965,'13-7; Ord. No. 17; Ord. No. 1620, 9-3-68; Code1991, 130.17)
    Cross reference(s)--
    Penalty,'130.99.

    130.18 Air, Spring Or BB Guns
    It shall be unlawful for any person to discharge or cause to be discharged, so as to cause damage to real or personal property, any air rifle, spring gun, BB gun, or air gun within the corporate limits of the city.
    (Code 1965,'13-5; Ord. No. 1016, 2-11-52; Code 1991,130.18)
    Cross reference(s)--
    Penalty,'130.99.

  8. #7
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    If you look at every city in the US you will find the same or similar ordinances.

  9. #8
    VIP Member Array NC Bullseye's Avatar
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    Here you go. You are allowed to discharge a firearm in self defense.

    Sec. 17-4. - Use of firearms regulated.permanent link to this piece of content

    (a)

    It shall be unlawful and is hereby prohibited for any person to shoot or discharge within the corporate limits of the city any gun or pistol, air rifle, spring gun or pistol, compressed-air rifle or pistol or other similar device which impels with force, by compressed air or mechanical action, emits a shot or pellet of any kind, except as follows:

    (1)

    When used in defense of person or property or pursuant to lawful directions of law enforcement officers;

    (2)

    By law enforcement officers when in the discharge of their duties or for purposes of training; and

    (3)

    Indoor firing ranges constructed and operated according to the following provisions:

    a.

    That such facility meets all applicable OSHA guidelines and requirements concerning the construction and operation of an indoor firing range.

    b.

    That such facility maintains liability insurance through a company licensed in the state, with a minimum of $250,000.00 coverage and a maximum of $10,000.00 deductible.

    c.

    That the walls and ceiling of the indoor firing range be constructed such that any rounds, ammunition, or projectiles utilized in the firing range cannot penetrate the walls and ceiling or floor of the firing range.

    d.

    That there be no unreasonably loud or disturbing noise outside the building resulting from the use of firearms.

    e.

    That, during all hours of operation, there shall be on the premises, at the range, a range supervisor, who shall have obtained a certificate of completion of the National Rifle Association's Firearms Safety Course or an equivalent course conducted by an appropriate governmental agency, educational institution, or nationally recognized private firearms safety training certification organization.

    f.

    Any firearms training offered on the premises shall be taught by an instructor with the proper instructor qualification certification for the type of course such instructor is to teach (e.g., for pistol, rifle, shotgun, etc.) by the National Rifle Association or equivalent certification by an appropriate governmental agency, educational institution, or nationally recognized private firearms instructor certification organization.

    (4)

    Hunting, or other firing or discharge of weapons, where not otherwise prohibited by law, by using shotguns loaded with bird shot, air guns, or primitive weapons such as bows and arrows upon a tract or parcel of land at least 50 contiguous acres in size, under the same or joint ownership, with no structures located thereon that are inhabited or used for residential or commercial purposes, and:

    a.

    The hunting, or any firing or discharge of a weapon, is done only by the legal owner or joint owner of the property and/or invitees of the owner or joint owner; and

    b.

    Any firing or discharge of a weapon authorized in this subsection shall be at least 100 yards from the boundary line of such property and in a direction opposite the boundary line and towards the interior of the 50-acre tract or parcel.

    (b)

    Each violation of this section shall be deemed a separate violation.

    (Code 1961, 21-16.1)

    State law reference— Regulation of firearms, G.S. 160A-189 et seq.
    This can be seen here Chapter 17 - OFFENSES AND MISCELLANEOUS PROVISIONS


    Also, the ONLY time you are allowed to use your firearm as it relates to you CHP is when you are faced with an immediate threat of death or serious bodily harm. In other words, self defense is the ONLY reason that relates to a CHP.
    msgt/ret likes this.
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  10. #9
    New Member Array ronc1's Avatar
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    Thank you, NC Bullseye. I missed that. I was wondering what was the point of having the permit if you were not allowed to use it. But, we are dealing with government and cannot always expect rationality.

    Thanks again.

    Ron

  11. #10
    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by ronc1 View Post
    Thank you, NC Bullseye. I missed that. I was wondering what was the point of having the permit if you were not allowed to use it. But, we are dealing with government and cannot always expect rationality.

    Thanks again.

    Ron
    Glad to help. Feel free to ask any other questions as they may arise. That's what helps create informed gun owners.
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