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Council adopts civil firearms-discharge ordinance; proposed hate-crime ordinance fails on roll call
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Summary
Beaufort County adopted a civil-penalty ordinance prohibiting negligent or intentional firearm discharges that endanger life or property; a separate proposed criminal hate-intimidation ordinance failed on a 4–6 roll call after debate over First Amendment risks and whether state-level action is preferable.
The Beaufort County Council on April 27 adopted an ordinance adding a civil penalty for unlawful discharge of firearms in unincorporated parts of the county and considered, but did not adopt, a proposed hate-intimidation (hate-crime) ordinance.
On the firearms item, council held a public hearing and staff explained that the adopted civil ordinance omits earlier proposed distance-based and acreage-based thresholds and instead makes a discharge that intentionally or negligently endangers life or property a civil violation subject to a fine. Staff and council emphasized the ordinance is a civil penalty (not criminal confiscation of weapons) and that enforcement may involve law enforcement and code enforcement.
On the proposed hate-intimidation ordinance, council debated constitutional risks and prosecutorial discretion at length. Several council members and staff recounted conversations with the sheriff and the solicitor; staff noted the Attorney General's office had concerns about a local ordinance's constitutionality and recommended pursuing state-level legislation. Council members raised First Amendment concerns about overbreadth and potential chilling effects. The roll call vote recorded four yes votes and six no votes, and the ordinance failed to pass at second reading.
The firearms civil-penalty ordinance passed by voice/show-of-hands vote after the public hearing; no roll-call tally was recorded in the transcript.
