The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Thursday, February 22, 1996            TAG: 9602220319
SECTION: LOCAL                    PAGE: B1   EDITION: NORTH CAROLINA 
SOURCE: BY ANNE SAITA 
DATELINE: CURRITUCK                          LENGTH: Medium:   70 lines

NEW GUN RULE ALLOWS FIRING CLOSER TO HOMES

Hunters in Currituck County now face more restrictions, but an apparent oversight also allows non-hunters to fire guns closer to private dwellings - at least temporarily.

The Board of Commissioners this week unanimously passed a revised ordinance that was designed to tighten shooting regulations but actually allows gun users to get closer to residences.

The new law includes restrictions on firing a gun near schools and targets. However, it says anyone can shoot within 100 feet of private dwellings. Previously, there was no limit on hunters, but non-hunters could not shoot within 300 yards (900 feet) of a dwelling.

The new rules were meant to keep even hunters at least 100 feet away without residents' permission, officials said.

``That's gonna have to be brought back. That was supposed to include `while hunting' '' in the new rule, Commissioner Gene Gregory said Wednesday.

Other commissioners interviewed also said they were unaware that they had inadvertently approved a shortened firing distances around dwellings for non-hunters.

``If it's an oversight, it needs to be corrected,'' said Eldon Miller Jr., chairman of the county board.

``The whole purpose was to remove guns from close proximity of schools,'' said Commissioner Paul O'Neal. ``That's what we were really looking at.''

Commissioners unanimously approved the revised ordinance after a very short public hearing at its regular meeting this week.

The new rules were prompted by a December incident in which stray bullets from a nearby hunter's high-powered rifle struck two buildings and shattered the rear window of a truck at Knapp Junior High School in Currituck.

No one was hurt in the incident, but a task force was formed a few weeks later and asked to recommend where recreational hunters and other gun users can roam.

County Attorney William Romm said the ordinance that was approved Monday night should have included hunters in the 100-foot limit and essentially requires everyone else be at least 900 feet away unless permitted by affected residents to get closer.

Different versions of the ordinance had been circulated, and the one included in commissioners' agenda packets for approval may not have been the correct one, Romm said.

The new rules, as written, make it illegal to:

Fire a rifle, shotgun, handgun or other firearm within 100 feet of an occupied dwelling or mobile home without the residents' permission.

Discharge the same weaponry on or across any public road, highway or ``public vehicular area.''

Discharge a center-fire rifle within half a mile of any school unless the firing occurs with at least 200 yards of woodlands or forest between the discharge and the school.

Firing a center-fire rifle in a non-wooded area will be prohibited unless the rifle is leveled 10 feet off the ground or in a stand at least eight feet high. Another lawful possibility would be to fire the rifle while standing on a dog box, at least two feet in height, in the bed of a truck.

Outdoor target practice must be at least 900 feet from an occupied dwelling unless permission is granted to move closer.

Police, indoor target practitioners and people using guns in self-defense are exempt from the new restrictions. The penalty for breaking the rules include a $500 fine and 30 days in jail.

The task force that helped create the amendment included two commissioners, a school board member, three county staff members and four hunters.

KEYWORDS: GUN LAW PROPOSED NORTH CAROLINA by CNB