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My neighbor has set a target practice range within 100 feet

of the Residential development of...
My neighbor has set a target practice range within 100 feet of the Residential development of Deer Haven in South Western Buncombe County, NC. There was shooting there last Tuesday. I called the sheriff. A deputy came out and told me he was in his rights. Yesterday, Labor Day, he had some 20 people there shooting for over 2 hours. A lady in the development called the sheriffs office. A deputy came out and told her he was in his rights as long as they were not within 300 feet of an occupied dwelling. I am searching for the laws-state, county, zoning, ordinance, etc. I think something is wrong(antequated) in one of most progressive counties in North Carolina.
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Answered in 9 minutes by:
9/3/2013
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
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Hello

Welcome and thank you for your question I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

I am sorry to hear that you are in this situation

Unfortunately, the police are correct and the neighbor can discharge a firearm within 300 ft of a residence according to the South Western Buncombe County Municipal Code

And you can copy and paste the below link into your browser to read it under 26-181 Unnecessary Noises and at number 8 it states the following

8 - Discharging firearms. Discharging a firearm within 300 feet of an occupied residential structure without the occupants express approval.

http://library.municode.com/index.aspx?clientId=12776

If you feel this should be amended, I suggest you contact you local county council and discuss the same. But as it stands, there is no violation or law being broken.

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
Verified
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Customer reply replied 4 years ago


I sought the advice of another attorney who advised me that the code was written for the discharge of A firearm not many firearms. Since it is willful & malicious noise, we have cause for civil action for Breach of the Peace/Distrubing the Peace.


Because it deprives people from their peace and tranquility.

Hello

Good information ! Thanks for sharing that. I suppose it is up to interpretation as the Title is Discharge of FIREARMS and not Firearm.

Good luck and thank you for the positive rating.
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Samuel II
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience: Handle criminal matters in both state and federal courts.

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