GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	2 

SENATE BILL 911*
Agriculture, Marine Resources, and Wildlife Committee Substitute Adopted 5/5/93

Short Title:  Uniform Roadside Hunting.	(Public)
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Sponsors:
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Referred to:  Judiciary I.
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH UNIFORMITY IN THE REGULATION OF ROADSIDE HUNTING.
Whereas, recreational hunting is an essential wildlife management tool and a long-standing North Carolina tradition; and
Whereas, recreational hunting is encountering increasing opposition from antihunting groups and other sectors of the public concerned with public safety; and
Whereas, hunters engaged in road hunting are all too visible to opponents of recreational hunting, and in many states this visibility is being used by antihunting groups to advance bans on hunting; and
Whereas, there are currently over 90 laws in the State of North Carolina regulating roadside hunting; and
Whereas, the N.C. Wildlife Resources Commission reports that a lack of uniform roadside hunting legislation has resulted in complaints from the general public and has produced confusion among hunters in the State; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  Chapter 113 of the General Statutes is amended by adding a new section to read:
"§ 113-291.10.  Hunting from roadways and rights-of-way of public roads and highways.
(a)	It is unlawful to do any of the following from, on, or across the right-of-way of any publicly maintained road, street, or highway open to vehicular traffic in this State:
(1)	To hunt, take, or kill any wild animal or wild bird, except boar and bear, with the use of firearms;
(2)	To attempt to hunt, take, or kill any wild animal or wild bird, except boar and bear, with the use of firearms; or
(3)	To otherwise shoot or discharge any type of firearm.
(b)	It is prima facie evidence of a violation of this section to possess a loaded firearm outside of a vehicle, during the season for hunting a game bird or game animal with firearms, on the roadway or right-of-way of a publicly maintained road, street, or highway open to vehicular traffic in this State.
(c)	This act shall not apply to the discharge or possession of firearms in defense of persons or property, to law enforcement officers or members of the armed forces acting in the line of duty, or to the discharge of firearms pursuant to the lawful direction of law enforcement officers."
Sec. 2.  To the extent that this act conflicts with any provision of any local act, this act prevails.
Sec. 3.  Prosecutions for offenses occurring before the effective date of this act are not abated or affected by this act, and the laws and statutes that would be applicable but for this act remain applicable to those prosecutions.
Sec. 4.  This act becomes effective October 1, 1993.