Wednesday, May 11, 2011

NC SB374 Is moving through the Legislature!

Check out the legislation here.

AN ACT to protect landowner rights and increase public safety by requiring written permission to hunt on the land of another Statewide and by prohibiting hunting from the right‑of‑way statewide.
The General Assembly of North Carolina enacts:
(a)  It is unlawful to take wildlife, or to attempt to take wildlife, by discharging a firearm, bow and arrow, or crossbow from, on, across, or over the right‑of‑way of any State‑maintained public road or highway, except as allowed on State game lands as prescribed by rules established by the Wildlife Resources Commission. For purposes of this section, the term "to take" has the same meaning as in G.S. 113‑130.
(b)  It is unlawful to possess a loaded firearm outside the passenger compartment of a vehicle while on the roadway or highway right‑of‑way while in the act of taking or attempting to take wildlife, unless the person is the owner or lessee of the land abutting the right‑of‑way or has on his or her person the written permission of the owner or lessee of the land abutting the right‑of‑way to hunt on the land, dated within the last 12 months. Nothing in this section prohibits a person from carrying a concealed weapon authorized by a concealed handgun permit issued in accordance with Article 54B of Chapter 14 of the General Statutes or considered valid under G.S. 14-415.24.
(c)  It is unlawful to take wildlife or attempt to take wildlife on the land of another without having on one's person the written permission, dated within the last 12 months, of the landowner or lessee or the landowner's or lessee's designee. The written permission shall be displayed upon request of any law enforcement officer of the Wildlife Resources Commission, sheriff or deputy sheriff, or other law enforcement officer with general subject matter jurisdiction. A person shall have written permission to hunt for purposes of this section if a landowner or lessee has granted permission to a hunting club to hunt on the person's land and the person is carrying both a current membership card demonstrating the person's membership in the hunting club and a copy of valid written permission granted to the hunting club that complies with the requirements of this section.
(d)  Violation of this section is a Class 3 misdemeanor. Notwithstanding the provisions of G.S. 15A‑1340.23, a second or subsequent violation of this section within three years is a Class 2 misdemeanor punishable by a fine of at least two hundred fifty dollars ($250.00) and the loss of hunting privileges for a period of 12 months from the date of the conviction.
(e)  This section is enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by law enforcement officers with general subject matter jurisdiction.
(f)  To the extent that this section conflicts with any provision of any local act, this section prevails. The fact that a local act in conflict with this section has not been specifically repealed does not indicate an intent for the local act to prevail."

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