GRNC Alert 2-6-11: Stop Johnston County Anti-Gun Ordinance Now

Grass Roots North Carolina, P.O. Box 10684, Raleigh, NC 27605
919-664-8565, www.grnc.org, GRNC Alert Hotline: (919) 562-4137

GRNC Alert 2-6-11:
Stop Johnston County Anti-Gun Ordinance Now

Johnston County commissioners have presented a revised version of their proposed anti-gun ordinance and have scheduled the next meeting for Tuesday, February 8 at 6:00 p.m. While your input has produced some positive movement, they commissioners are still bent on punishing law-abiding citizens for the irresponsibility of a few.

One provision would make it unlawful to "utilize a firearm while under the influence of alcohol or a controlled substance." While this sounds innocuous and well-meaning, consider this: As presented, if you had a beer for lunch and then 4 hours later dispatched a rat on your 10 acre lot, you would be guilty of a crime. The same would apply if you had just come out of having a wisdom tooth removed and had prescribed a controlled substance like, say, Tylenol with codeine.

Another provision would outlaw shooting after sunset. What if you want to practice night shooting on your 10 acre property? For self-defense, some people practice light-assisted shooting on a regular basis.

This is a mere sampling of provisions in this ordinance. The good news is, you can have your say.

That is, unless you want the Johnston County Board of Commissioners to believe they are your mothers. Perhaps the penalties for these "offenses" should include sending you to bed early without supper!

IMMEDIATE ACTION REQUIRED

* Email AND call ALL Johnston County commissioners using this link:

http://www.johnstonnc.com/mainpage.cfm?category_level_id=403&content_id=1837

* Attend the meeting on Feb. 8 at 6:00 p.m. Let's do our best to pack the room at the Johnston County Courthouse Emergency Operations Center.

The Emergency Operations Center is located in the Johnston County Courthouse Law Enforcement Building located at 120 South Third Street in Smithfield. Parking is available in the parking lot located at the corner of Third Street and Johnston Street. Please enter the Courthouse Law Enforcement Building from the Third Street entrance and you will be directed to the Emergency Operations Center.

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You may find your NC STATE representative by going here:
http://www.grnc.org/contact_reps.htm

You may write your FEDERAL congressman by going here:
http://www.house.gov/writerep/

You may write your FEDERAL senators by going here:
http://www.senate.gov/

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While I agree that those two aspects should be changed, I'm not sure where the information that a single beer stays in your system for four hours came from. On private property, it's not the government's business if I'm shooting safely, even if I have alcohol in my system.

I also agree on the hour after sunset to sunrise rule-the same noise ordinance governing music is from 11p-7a. It should be the same for shooting. The source of the sound should not matter. Considering the last meeting, I believe this one can be changed. Unfortunately, I do not think the drinking part will be.

All of that being said, this is the first experience I have with GRNC alerts and an issue that I have been directly involved with. I feel obligated to say that GRNC's release is misleading and closes with the sensationalist statement "That is, unless you want the Johnston County Board of Commissioners to believe they are your mothers. Perhaps the penalties for these "offenses" should include sending you to bed early without supper!".

Furthermore, it states "This is a mere sampling of provisions in this ordinance." as if there is a great deal wrong with the ordinance. Other than the two things mentioned, what is wrong with it?

http://www.johnstonnc.com/files/board/Rev2.pdf

Also, please consider that this was after a single meeting. There will be another meeting this week, with a meeting open to public comment to follow.

If this is the way all GRNC updates are written, I will have to give them less weight in the future. I hope this is not the case, as the organization overall appears to be a very good one.

Did any one make the meeting?

Did any one make the meeting? I was away on business and just got back today. Thank you

February 8th Update

I was not able to attend the meeting but I am on the Johnston County Good Neighbor Firearms Ordinance Workgroup Information mailing list. Here is the latest:

http://www.johnstonnc.com/mainpage.cfm?category_level_id=403&content_id=4198

Revision after February 8, 2011 Workgroup Meeting
An Ordinance to Regulate the Discharge of Firearms
Johnston County Code of Ordinance - Chapter 16
DRAFT – REVISION 3
Johnston County Code of Ordinances

Chapter 16 Offenses and Miscellaneous Provisions
Section 16-3. Discharge of Firearms

1) The provisions of this ordinance shall apply to all properties located outside of any municipal
limits; extraterritorial jurisdictions (ETJs) are not considered to be part of any municipal limit.

2) For purposes of this subchapter, FIREARM is defined as a handgun, shotgun, rifle, or any
device which expels a projectile by action of an explosion.

3) It shall be unlawful for any person to:

i) discharge a firearm in the county carelessly and heedlessly, so as to endanger any person or property,

ii) discharge a firearm that results in a projectile crossing the property line of another person without
the permission of the owner, or

iii) discharge a firearm while under the influence of alcohol or a controlled substance (under the
influence: determination by the investigating officer that the person is intoxicated by alcohol or a
narcotic to the point where physical and mental faculties are appreciably diminished).

4) It shall be unlawful for any person to discharge any firearm on, from, or across the traveled
portion of any public street or highway.

5) The discharge of firearms from two hours after sunset to one hour before sunrise is prohibited
by Article II, Section 12-32(6) of the Johnston County Code of Ordinances with the following
exceptions.

6) Miscellaneous exceptions.

i) law enforcement officers or members of the armed forces acting in the line of duty;

ii) to the shooting or killing of any dangerous or destructive animal or reptile when necessary
to protect life or property;

iii) all legal hunting activities are exempt, pursuant to NC Department of Agriculture, NC
Wildlife Commission and G.S. Chapter 113, Subchapter IV, as it is from time to time
amended, or pursuant to lawfully issued state or federal hunting or wildlife removal permits;

iv) to the use of firearms for defense of persons or property, as allowed under state Law;

v) nonprofit special events such as turkey shoots with a valid local county permit;

vi) indoor firing/shooting ranges.

7) Penalties. A violation of this article by any person is a misdemeanor and shall subject the offender to a
fine of $100.00 and/or imprisonment for up to 30 days. A second or subsequent violation by the same
person within one year shall subject such person to a fine of up to $300.00 but not less than $100.00
and/or imprisonment for up to 30 days.
Sec. 12-32. Loud and disturbing noise.

(a) Subject to the provisions of this article, the creation of any unreasonable loud and
disturbing noise in the county is prohibited and unlawful. Noise of such character,
intensity and duration as to be detrimental to the health, safety or welfare of any
individual is prohibited.

(b) The following acts, among others, are declared to be loud and disturbing noises in
violation of this article, but such enumeration shall not be deemed to be exclusive:

(1) The use of any loud, boisterous or raucous language or shouting so as to annoy or
disturb the quiet, comfort or repose of persons in the vicinity.

(2) The sounding of any horn or signal device on any automobile, motorcycle, bus or
other vehicle, except as a danger signal or as required by law, so as to create any
unreasonable loud or harsh sound; or the sounding of such device for an unreasonable
period of time.

(3) The playing of any radio, television set, record player, musical instrument or soundproducing
or sound-amplifying device in such manner or with such volume, particularly,
but not limited to, the hours between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the
quiet, comfort or repose of persons of normal sensibilities in any dwelling, motel, hotel or
other type of residence.

(4) The keeping of any animal, except livestock and poultry, which, by causing frequent
or long continued noise on a regular basis, shall disturb the comfort and repose of any
person of normal sensibility in the vicinity. If the violation continues or complaints are
received from other households, the owner shall be granted ten working days to rectify
the situation.

(5) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or
in such manner as to create loud grating, grinding, rattling or other noise.

(6) The discharge of firearms as defined in Chapter 16 Section 3 of the County Code of
Ordinances from two hours after sunset to one hour before sunrise but shall not apply to
the following exceptions:

i) law enforcement officers or members of the armed forces acting in the
line of duty;

ii) to the shooting or killing of any dangerous or destructive animal or
reptile when necessary to protect life or property;

iii) all legal hunting activities are exempt, pursuant to NC Department of
Agriculture, NC Wildlife Commission and G.S. Chapter 113,
Subchapter IV, as it is from time to time amended, or pursuant to
lawfully issued state or federal hunting or wildlife removal permits;

iv) to the use of firearms for defense of person or property, as allowed
under state law;

v) or nonprofit special events such as turkey shoots with a valid local
county permit;

vi) indoor firing/shooting ranges.