§ 14-17.1. Firearms; display on public property while under the influence of an impairing substance.

(a)

It shall be unlawful for any person, while impaired, to display any firearm, gun, or pistol or any spring gun, pistol, or other similar device which impels with force any shot, pellet, or projectile of any kind on any street, sidewalk, alley, or other public property or within a motor vehicle on any street, sidewalk, alley, or other public property. Unless otherwise defined in chapter 14 of this Code, all words and terms of this section shall have the same meaning as defined in G.S. ch. 20 and the phrase "while impaired" means:

(1)

While under the influence of an impairing substance; or

(2)

After having consumed sufficient alcohol such that a person has, at any relevant time after displaying of the firearm or device, an alcohol concentration of 0.08 or more, as these terms are used in G.S. 20-138.1, impaired driving.

(b)

The chief of police or any member of the police department is authorized to seize and hold subject to order of court any firearm or device displayed in violation of subsection (a) of this section.

(c)

This section shall be enforced as provided in G.S. 160A-175 or as provided in this Code. Any criminal violation of this section shall be punished by a fine not to exceed $200.00 and up to 30 days in jail or both.

(Ord. of 1-4-94, § 1)