GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 967

HOUSE BILL 2315

 

AN ACT TO AMEND SESSION LAWS 1985 (REGULAR SESSION 1986), CHAPTER 903, TO REQUIRE ANY PERSON POSSESSING A FIREARM OR BOW AND ARROW THAT IS READILY AVAILABLE FOR USE TO SECURE AN ENTRY PERMIT BEFORE ENTERING OR REMAINING ON REGISTERED LAND OR REMAINING ON ABUTTING PORTIONS OF HIGHWAY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  This act amends the portions of Sessions Laws 1985 (Regular Session 1986), Chapter 903, that are indicated in the following sections.

Sec. 2.  The caption of Chapter 903 is rewritten to read as follows:  "AN ACT TO PROVIDE FOR THE REGISTRATION OF LAND IN VANCE COUNTY AND TO PROHIBIT HUNTING OR THE DISCHARGE OF FIREARMS WITHOUT PERMISSION BY PERSONS ON THE REGISTERED LAND AND REQUIRE ANY PERSON HUNTING OR POSSESSING A FIREARM OR BOW AND ARROW THAT IS READILY AVAILABLE FOR USE TO SECURE AN ENTRY PERMIT BEFORE ENTERING OR REMAINING ON REGISTERED LAND OR REMAINING ON ABUTTING PORTIONS OF HIGHWAY."

Sec. 3.  The first sentence of Section 2(b)(4) of Chapter 903 is rewritten to read as follows:

"(4)      An agreement by the applicant to issue or cause issuance of an entry permit to all individuals not exempted by Section 5(c) to whom he or authorized agent gives permission to hunt, or to discharge firearms possess a firearm or bow and arrow that is readily available for use, on the tract or on any highway adjacent to the tract."

Sec. 4.  The first sentence of Section 2(c)(4) of Chapter 903 is rewritten to read as follows:

"(4)      An agreement to issue or cause issuance of an entry permit to all individuals not exempted by Section 5(c) to whom he or his authorized agent gives permission to hunt, or to discharge firearms possess a firearm or bow and arrow that is readily available for use, on the tract or on any highway adjacent to the tract."

Sec. 5.  The second sentence of Section 2(g) of Chapter 903 is rewritten to read as follows:

"Posted notices must measure at least 120 square inches; contain the word 'POSTED' in letters at least three inches high; state that the land is registered with the Sheriff of Vance County and that hunting and the discharge of firearms possession of weapons are prohibited without an entry permit."

Sec. 6.  The last two sentences of Section 2(g) of Chapter 903 are rewritten to read as follows:

"A point of entry is where a roadway, trail, path, or other way likely to be used by entering hunters and marksmen weapons possessors leads into the tract.  Notices posted along the boundaries of a tract must face in the direction that will most likely be seen by hunters and marksmen weapons possessors."

Sec. 7.  The first sentence of Section 3(a) of Chapter 903 is rewritten to read as follows:

"Upon initial or renewal registration of a tract of land, the sheriff must furnish the registrant with a reasonable number of entry permit forms to be carried by individuals given permission to hunt, or to discharge firearms possess a firearm or bow and arrow that is readily available for use, on the registered land on any highway abutting the registered land."

Sec. 8.  Section 4 of Chapter 903 is rewritten to read as follows:

"Sec. 4.  Affirmative duty of hunters and marksmen  weapons possessors to determine if land is registered.  Every individual who enters the land of another to hunt or to discharge a firearm who is in possession of a firearm or bow and arrow that is readily available for use and every individual who hunts or discharges a firearm possesses a firearm or bow and arrow that is readily available for use while upon a highway or the land of another is first under a duty to:

(1)       Make appropriate inquiries to determine whether the land on which hunting or the discharge of firearms possession of weapons will occur is registered land;

(2)       Make appropriate inquiries to determine whether the land abutting the portion of highway on which hunting or the discharge of firearms possession of weapons will occur is registered land; and

(3)       Look for posted notices that may warn him of the registered status of any land on which hunting or the discharge of firearms possession of weapons will occur and for posted notices on the land abutting the portion of the highway on which hunting or the discharge of firearms possession of weapons will occur."

Sec. 9.  Section 5 of Chapter 903 is rewritten to read as follows:

"Sec. 5.  Hunting or discharging firearms possessing weapons without permission on registered land or on abutting portions of highway; exceptions.  (a) No one may hunt or discharge a firearm possess a firearm or bow and arrow that is readily available for use, enter to hunt or discharge a firearm while in possession of a firearm or bow and arrow that is readily available for use, on registered land without having in possession a valid entry permit for that land issued to him.

(b)       No one may hunt, or discharge a firearm possess a firearm or bow and arrow that is readily available for use, on any portion of a highway that abuts registered land without having in possession a valid entry permit for that land issued to him.

(c)       This section does not apply to the registrant and members of his immediate family who are hunting or discharging firearms possessing weapons on the registrant's land or on abutting portions of highway.

(d)       This section does not apply to travelers on the highway in lawful possession of weapons during the course of travel, and who have not stopped or loitered on the highway for the purpose of hunting or the use of weapons."

Sec. 10.  Section 8 of Chapter 903 is rewritten to read as follows:

"Sec. 8.  Publication of registration provisions by Wildlife Resources Commission. The Wildlife Resources Commission must in its general publications concerning the laws and regulations pertaining to hunting give appropriate publicity to the provisions of the act and the need for hunters and marksmen weapons possessors to make the inquiries set out in Section 4."

Sec. 11.  The first sentence of Section 9(b) of Chapter 903 is rewritten to read as follows:

"(b)      If an individual hunts or discharges a firearm possesses a weapon on any registered land or on any abutting portion of highway, or if an individual enters registered land to hunt or discharge a firearm on that land while in possession of a weapon, any possessor of that land, any agent of the possessor, any wildlife protector, or any law enforcement officer may request that the individual produce a valid entry permit."

Sec. 12.  This act shall become effective July 1, 1988.

In the General Assembly read three times and ratified this the 24th day of June, 1988.