§ 13-11. Reckless discharge of a firearm or other mechanical device.

Any person who shall discharge a firearm or other mechanical device in such a manner as to exhibit a reckless, willful or wanton disregard for the safety of persons, property or domesticated animals, after properly investigated and determined by county law enforcement, shall be charged with a misdemeanor, and upon conviction within the Magistrate/Summary Court of Horry County on a "first offense" shall be subject to a fine of up to five hundred dollars ($500.00) and/or imprisonment of up to thirty (30) days. Upon a second or subsequent conviction within one (1) year of the first, such person shall be subject to a mandatory fine of five hundred dollars ($500.00) and imprisonment of thirty (30) days.

In addition, it shall be unlawful for any person to discharge any firearm between the hours of 10:00 p.m. and 6:00 a.m., or for any person at any time to discharge any firearm on county property under the management of the Horry County Parks and Recreation Department with the exception of county authorized events, a person convicted of which shall be guilty of a misdemeanor punishable by a fine of up to five hundred dollars ($500.00) and/or imprisonment of up to thirty (30) days for each offense.

For purposes of this section, a firearm shall be considered a rifle, shotgun, handgun, pistol, or machine gun. A mechanical device shall be considered a cannon, potato gun, air gun, air nail gun or any other mechanical device that will launch a projectile by any means of explosive material to include flammable fluids, compressed air, gases or powders manufactured or custom made.

This section shall not be applied to the following: conduct specifically provided for under S.C. Code § 23-31-510, as amended, a law enforcement officer or member of the armed forces of the United States in the performance of his or her lawful duty, an existing gun club, indoor shooting range, or shooting range (as defined in the S.C. Shooting Range Protection Act) operating in full compliance with all applicable laws and regulations governing such activity, a legally licensed hunter or fisherman engaged in lawful hunting/fishing activities under South Carolina Department of Natural Resources' rules and regulations, in the lawful defense of persons or property to include in defending against wild, feral or domesticated animals that pose a threat to one's person or property.

(Ord. No. 114-17, § 1, 11-14-17)

Editor's note

At the discretion of the editor, Ord. No. 114-17, § 1, adopted Nov. 14, 2017, has been codified as herein set out in § 13-11. Said provisions did not expressly amend the Code.