http://www.wral.com/news/news_briefs/story/9232248/ There's also a link to the ordinance if you want to see the legal details.
My question is how do they prove it? Johnston County has some power hungry idgets in it! See that hose beast whining about it? Nothing better to do. God I don't miss this place.
I was thinking the same thing. The "carelessly and heedlessly" part bothers me, but here is the exact wording: 3.i. It shall be unlawful for any person to discharge a firearm in the county carelessly and heedlessly, so as to endanger any person or property. So apparently as long as you don't hit anyone, or anything ...you're good.
I kinda see that differently. Carelessly and heedlessly seems to open the door to something like "the manner in which you discharged your firearm had the potential to cause damage or serious harm". Shooting a firearm at a mound found to have rocks in it would be an example.
Does that mean the idiots a few houses down from us need to quit shooting at 10-11-12 o'clock at night???? This is no exaggeration..... They drink and party ALL THE TIME and are outside firing away at all hours of the night. Hey partying is fine by me!! I'm all for bearing arms and being able to own a gun and all that but SOME DO take it WAY overboard...
If I had some $$$ I'd open a shooting range for JoCo. There's NO WHERE to shoot unless you KNOW someone and can go on their land. Sucks if you ask me.
That's why it bothers me. Overly ambiguous laws are a red flag for illegitimacy. The very act of discharging a firearm has the "potential" to cause harm, so fast forward 20 years and "carelessly and heedlessly" could mean discharging a firearm in any way outside of a firing range of specific length with earthen berms of specific height. Or you may be charged for firing down towards the creek and harming a Dwarf Wedge Mussel ...God forbid. I think we have enough laws already. As for shooting late at night, we already have a noise ordinance.
"As for shooting late at night, we already have a noise ordinance." Interesting point. But guess what, that noise ordinance is in effect 24/7. The following comes from the JoCo Municipal Code ARTICLE II. NOISE* __________ *State law references: Noise regulation, G.S. 153A-133. __________ Sec. 12-31. 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. (Ord. of 8-5-1996, § 3) 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 sound-producing 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. (Ord. of 8-5-1996, § 1) Look at Sec. 12-32(b)(3) the part that says: "particularly, but not limited to, the hours between 11:00 p.m. and 7:00 a.m.". I personally know someone who was warned by a JoCo deputy that he could be cited for a violation of the noise ordinance for firing his gun, and this was at 2 pm on a Saturday afternoon. The key words in Sec. 12-32(b)(3) are "sound-producing device", according to the Sheriffs Dept. I believe that the main complaints are coming from the firing of guns in subdivisions. Sooner or later, someone's child will be hit from a stray bullet and then the excrement will hit the wind-producing device.
Makes me wonder who's running things? Doesn't seem to be a conservative idea at all. Why not enforce the laws on the books, rather than make news ones?
That very question comes to my mind a great deal. Do you think there is an ignorace to what already exists, or is it done to "lime-light" a lawmaker?
The real sad thing is it appears that this whole ordinance came about because of a p!$$!ng contest between 2 neighbors. So because of one bad apple we all have to suffer. On the other hand it may prove for an interesting upcoming election season .opcorn:
I saw the meeting on News 14, or clips of it. Funny all the people raising hell about it were in their finest ball caps and Wal Mart Camoflauge outfits, unshaven mostly and a chaw in the side of their mouths. :lol: Decorum, boys, look it up.
This quote from original statement covers the disturbing the peace comment as someone would have had to call the Deputy to complain or they wouldn't have shown up.