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Chapter
23
Weapons
Article I-
Deadly Weapons on County Property
[HISTORY: Adopted by the Board of Commissioners of Henderson County. Amended 11-15-1995; 6-3-2003; 8-20-
2003; 3-16-2016.] 
§ 23-1. Title. 
This Article I shall be referred to as the "Henderson County Deadly Weapons Ordinance."  
§ 23-2. Prohibition against Deadly Weapons
in County Buildings and Appurtenant Premises; Parks. 
A.
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.
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-
B.
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." 
C.
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.
§ 23-3. 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.
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. 
 
§ 23-4. Location of Signs. 
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.  
  
§ 23-5. Henderson County Courthouse. 
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.
Stat. §14-269.4, it is unlawful for any person, not otherwise exempted by
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. 
 
§ 23-6.  Violations and Penalties.  
Any violation of this Article shall be a Class 3 misdemeanor as authorized by N.C.
Stat. §14-4.   
 
§ 23-7. Exemptions. 
The prohibition in § 23-2
shall not apply to:
A.  
Any person who is exempted from the provisions of N.C.
by virtue of  
B. 
Any County Commissioner with a valid North Carolina Concealed Carry Permit.
C. 
A County employee with a valid North Carolina Concealed Carry Permit and prior approval granted by the
County Manager.
Article II - Restrictions Regarding Discharge of Firearms
§ 23-8. Title. 
This Article II shall be referred to as the "Henderson County Ordinance Regulating the Discharge and Display of
Firearms."  
§ 23-9. Authority and Jurisdiction. 
This Article II is enacted pursuant to the authority of N.C.
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.
 
§ 23-10.  Restrictions. 
A.
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.    
B.
It is unlawful for any person to discharge a firearm on the property of another without his or her
permission.  
C.
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.  
D.
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.  
    
§ 23-11. Violations and Penalties.
Any person violating any provision of this Article II shall be subject to the penalties set forth in the
Henderson County Code, Chapter 1, General Provisions, Article II.  
§ 23-12. Through 23-25. (Reserved)