GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

 

 

SESSION LAW 2007-273

HOUSE BILL 1176

 

 

AN ACT to prohibit the reckless use of a firearm or bow and arrow and to regulate hunting from the state right-of-way in tyrrell county.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  It is unlawful to use a firearm, bow and arrow, or crossbow carelessly or heedlessly or in willful or wanton disregard for the rights or safety of others. Such reckless use of a weapon includes using a firearm, bow and arrow, or crossbow in a manner that poses a hazard to any person or property or involves the discharge of a firearm, sending a projectile across the property of another.

SECTION 2.  It is unlawful to hunt, take, or kill, or to attempt to hunt, take, or kill, any wild animal or wild bird with a firearm, bow and arrow, or crossbow on, from, or across the right-of-way of any State-maintained road, or to discharge any firearm, bow and arrow, or crossbow on, from, or across the right-of-way of any State-maintained road or highway.

SECTION 3.  Section 2 of this act does not apply to:

(1)       A hunter lawfully recovering dogs so long as all the hunter's weapons remain in a motor vehicle.

(2)       A person lawfully engaged in the act of taking bullfrogs with a rimfire weapon.

SECTION 4.  It is unlawful for any person to possess a loaded firearm while on the right-of-way of any State-maintained road or highway outside the confines of the passenger area of the vehicle.  This section shall not apply to any handgun that the possessor may carry concealed under State or federal law.

SECTION 5.  It is unlawful for any person to hunt, take, or kill any wild animal or wild bird with a firearm, bow and arrow, crossbow, or dogs or to possess a loaded firearm outside the confines of the passenger area of the vehicle, on the land of another, without the written permission of the landowner or lessee of the land. The written permission shall be dated and may be valid for no more than one year.

SECTION 6.  Section 5 of this act does not apply to:

(1)       A person who leases land for the purpose of hunting while hunting on that leased land.

(2)       A member of a hunting club with a current and valid membership card while hunting on club land.

SECTION 7.  Unless a person's conduct is covered under some other provision of law providing greater punishment, a violation of this act is a Class 3 misdemeanor.

SECTION 8.  This act is enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by other peace officers with general subject matter jurisdiction.

SECTION 9.  This act applies only to Tyrrell County.


SECTION 10.  This act becomes effective October 1, 2007.

In the General Assembly read three times and ratified this the 27th day of July, 2007.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives