Chapter 23 - Weapons

This Article I shall be referred to as the "Henderson County Deadly Weapons Ordinance."

Prohibition against Deadly Weapons in County Buildings and Appurtenant Premises; Parks.

1. As used in this Chapter, deadly weapons shall include guns, bowie knives, dirks, daggers, slingshots, loaded canes, metallic knuckles, razors, shurikins, stun guns or other deadly weapons of like kind, as defined by N.C. Gen. Stat. §14-269 and the caselaw interpreting the same. Notwithstanding, however, no provision of this Chapter shall be interpreted in a manner contrary to the provisions of N.C. Gen. Stat. §14-415.23.
2. To the full extent permitted by Article 54B of Chapter 14 of the North Carolina General Statutes (as the same exists and may be amended), it shall be unlawful for any person to bring any deadly weapon, openly or concealed, into any building or portion of a building now or hereafter owned, leased as lessee, operated, occupied, managed or controlled by Henderson County, as well as the appurtenant premises to such buildings, collectively hereinafter referred to as "County-owned or County-controlled property."
3. It shall be unlawful for any person to bring any deadly weapon, openly or concealed, in or on to any County owned or operated recreational facility, so long as the same is posted in accord with N.C. Gen. Stat. §14-415.23. As used herein, the term “recreational facility” includes only the following:
   
   1. An athletic field, including any appurtenant facilities such as restrooms, during an organized athletic event if the field had been scheduled for use with the municipality or county office responsible for operation of the park or recreational area.
   2. A swimming pool, including any appurtenant facilities used for dressing, storage of personal items, or other uses relating to the swimming pool.
   3. A facility used for athletic events, including, but not limited to, a gymnasium. The holder of a valid concealed handgun permit may, nevertheless, secure such handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle.

Posting Of Signs Required. The County Manager is hereby ordered to post appropriate signage on each building or portion of a recreational facility, building now or hereafter owned, leased as lessee, operated, occupied, managed or controlled by Henderson County, as well as the appurtenant premises to such buildings, indicating that, pursuant to the authority of N.C. Gen. Stat. §14-269 and Chapter 23 of the Henderson County Code, all deadly weapons are prohibited therein, and violators will be prosecuted to the fullest extent of the law.

Signs required by §23-3 of this Article I shall be visibly posted on the exterior of each entrance by which the general public can access the recreational facility, building, appurtenant premises or park. The County Manager shall exercise discretion in determining the necessity and appropriate location for other signs posted on the interior of the building, appurtenant premises or park.

The County Manager shall cause a notice to be posted in conspicuous locations on and about the Henderson County Courthouse that, pursuant to N.C. Gen. Stat. §14-269.4, it is unlawful for any person, not otherwise exempted by N.C. Gen. Stat. §14-269.4, to carry any deadly weapon, openly or concealed, within the Henderson County Courthouse and that violation shall be a Class 1 misdemeanor.

The violation of any provision of this Chapter shall be a misdemeanor and any person convicted of such violation shall be punishable as a misdemeanor as provided in N.C. Gen. Stat. §14-4.

The prohibition in § 23-2 shall not apply to:

1. Any person who is exempted from the provisions of N.C. Gen. Stat. §14-269 by virtue of N.C. Gen. Stat. §14-269(b).
2. Any County Commissioner with a valid North Carolina Concealed Carry Permit.
3. A County employee with a valid North Carolina Concealed Carry Permit and prior approval granted by the County Manager.

This Article II shall be referred to as the "Henderson County Ordinance Regulating the Discharge and Display of Firearms."

This Article II is enacted pursuant to the authority of N.C. Gen. Stat. §153A-129. This Article II shall be interpreted in accordance with any sections of the General Statutes which, by their terms, limit the authority of the County to regulate the discharge of firearms. This Article II shall apply to the unincorporated areas of Henderson County and to those incorporated areas of any city or town specifically requesting its enforcement by Henderson County upon the consent of the Henderson County Board of Commissioners. (In making such a request, the city or town must comply with the requirements of N.C. Gen. Stat. §153A-122.)

Restrictions.

1. It is unlawful for any person to discharge a firearm:
   
   1. Carelessly or heedlessly in wanton disregard for the safety of others; or
   2. Without due caution or circumspection and in a manner so as to endanger any person or property; or
   3. Resulting in the unlawful property damage or bodily injury of another.
2. It is unlawful for any person to discharge a firearm on the property of another without his or her permission.
3. It is unlawful to discharge a firearm in any manner which actually results in the projectile leaving the property on which it is being fired.
4. This section shall not be construed as prohibiting discharge of a firearm when used:
   
   1. In lawful defense of person or property;
   2. To lawfully take birds or animals pursuant to Chapter 113, Subchapter IV, of the General Statutes;
   3. Pursuant to lawful directions of law enforcement officers;
   4. By persons lawfully engaged in pest control or the taking of dangerous animals;
   5. By members of the armed forces acting in the line of duty; or
   6. At historical ceremonial or commemoration functions held for such purpose, provided in no event shall live ammunition be used or discharged.

Misdemeanor. The violation of any provision of this Article shall be a misdemeanor and any person convicted of such violation shall be punishable as provided in N.C. Gen. Stat. §14-4.