County Council postpones vote on shooting ordinance

By Delayna Earley

The Island News

Beaufort County Council postponed a vote Monday night on a proposed ordinance regulating where firearms can be discharged in unincorporated parts of the county, after residents and officials spent more than an hour debating the balance between public safety and property rights.

Council members voted unanimously during their March 9 meeting to delay the second reading of the measure while they meet with law enforcement and legal officials to refine the language.

The proposed ordinance would create a new section of county code prohibiting the discharge of firearms within 500 feet of buildings, dwellings, parks or playgrounds in certain unincorporated areas of Beaufort County, with violations punishable by a $500 fine or up to 30 days in jail.

The proposal was introduced after several recent incidents of gunfire near homes in fast-growing parts of the county.

Close call described

During the public hearing, Jeff Myers described a shooting incident in the Shadow Moss area that he said nearly turned tragic. According to Myers, officers responded after a family reported bullets striking their home on a Sunday afternoon shortly before Christmas.

“When officers got there, the homeowners were crouched behind the car in the driveway seeking shelter,” Myers told council.

Several rounds entered the home, passing through a wall where the family’s young daughter had been standing earlier and continuing into an upstairs bedroom. A bullet was also found lodged in a tree at a nearby park where children often play.

“This could have been a Christmas tragedy,” Myers said. “Something needs to be done.”

Residents describe fear in neighborhoods

Several residents told council that gunfire near homes has become an increasing concern as development spreads into areas that were once largely rural.

Julie Franklin, an attorney who lives in the Buckingham Landing community near Bluffton, said her children have been unable to safely play outside because a neighboring property frequently fires weapons.

“I have a 3-year-old and a 7-year-old that can’t play outside,” Franklin said. “We don’t feel safe in our own backyard.”

Franklin said she has repeatedly contacted the Beaufort County Sheriff’s Office but has been unable to identify the shooter.

“If you put a witness on the stand and they can’t say who fired the gun, you don’t have a case,” she said.

Another resident, Jeremy Bratcher, said he has twice heard bullets pass close by while outside his home.

“I’ve never been on the wrong end of a bullet before,” he told council. “Until that night.”

Other residents described hearing frequent gunfire in neighborhoods where homes are only a few dozen feet apart.

Mike McDonald, who lives near the Hilton Head Island bridges, told council his concern is people shooting firearms in densely populated neighborhoods.

“My biggest concern is protecting neighborhoods,” he said.

Concerns about property rights

Not all speakers supported the ordinance as written.

Some residents said the proposed 500-foot buffer would unfairly restrict rural property owners who safely use firearms on their own land.

Eric Berman, a Marine Corps veteran and Beaufort business owner, argued the ordinance would punish responsible gun owners while doing little to stop reckless behavior.

“This draft ordinance is not accountability,” Berman said. “It’s an illusion of safety.”

Berman said existing state laws already make it illegal to shoot into a dwelling or recklessly endanger others.

“We do not need a new county ordinance to make an illegal act illegal,” he said.

Former South Carolina Department of Natural Resources board chairman Mike McShane also urged council to slow the process.

“This is going to be an enforcement nightmare,” McShane said.

Council seeks revisions

Council members said they agree something needs to be done but acknowledged the proposed ordinance needs refinement.

Councilman Joe Passiment said the county should continue moving forward while ensuring the ordinance is workable.

“It’s not that we don’t need an ordinance,” Passiment said. “We need the appropriate ordinance.”

Council member Larry McElynn agreed the issue should be addressed while allowing time to review possible improvements.

“It’s an important topic that has to be addressed,” McElynn said. “But slowing it down to review smarter legislation may be the way to go.”

Councilman David Bartholomew ultimately proposed postponing the vote on the second reading to allow additional discussions with law enforcement and legal officials. Bartholomew said council should examine whether a gap exists in current law when negligent gunfire occurs, but prosecutors cannot prove intent.

“No matter what words we put on a piece of paper, we’re not going to stop idiots from discharging their guns negligently,” he said. “But hopefully we can get ahead of it and educate people before someone gets hurt.”

Council voted unanimously to postpone the second reading.

What happens next

Council members plan to meet this week with representatives from the Beaufort County Sheriff’s Office, the county solicitor and the South Carolina Department of Natural Resources to review possible changes to the ordinance and determine how it could be enforced.

The revised ordinance is expected to return to council for consideration at an upcoming meeting. If the language changes significantly, county attorneys say it may require another second reading before it can move forward.

Growth complicates the issue

Both residents and council members acknowledged that Beaufort County’s rapid growth is complicating the debate. Neighborhoods are increasingly being built near properties that have historically been used for hunting or recreational shooting.

Residents said the county must find a way to protect families living in new subdivisions while respecting the rights of property owners in rural areas.

“This is about responsible gun ownership and community safety,” Bartholomew said.

Delayna Earley, who joined The Island News in 2022, formerly worked as a photojournalist for The Island Packet/The Beaufort Gazette, as well as newspapers in Indiana and Virginia. She can be reached at delayna.theislandnews@gmail.com.