Bill Summary for S 374 (2011-2012)

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Summary date: 

Mar 17 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 374 (Public) Filed Thursday, March 17, 2011
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.
Intro. by Apodaca, Walters, Tucker.

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Bill summary

Enacts new GS 113-291.12 to make it unlawful to take or 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. Makes it unlawful to possess a loaded firearm outside a vehicle’s passenger compartment on a right-of-way while taking or attempting to take wildlife, unless the individual is the owner or lessee of the land abutting the right-of-way or carries written permission by the owner or lessee, dated within the last 12 months. Makes it unlawful to take or attempt to take wildlife on another’s land without carrying written permission, dated within the last 12 months. Specifies that a person has written permission if the landowner or lessee granted permission to a hunting club and the person carries a current hunting club membership card and a valid copy of written permission granted to the club. Makes a violation of the statute a Class 3 misdemeanor; however, makes a second or subsequent violation within three years a Class 2 misdemeanor with a fine of at least $250 and the loss of hunting privileges for 12 months. Makes law 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. Clarifies that, in the case of conflict, the statute prevails. Repeals various local acts or portions of local acts that conflict with the statute. Applies to offenses committed on or after October 1, 2011.