How Does a Felony Affect My Hunting Rights in North Carolina?
Full Question:
Answer:
Please see the following NC statutes to determine applicability:
§ 14-415.1. Possession of firearms, etc., by felon prohibited.
(a) It shall be unlawful for any person who has been convicted of a
felony to purchase, own, possess, or have in his custody, care, or
control any firearm or any weapon of mass death and destruction as
defined in G.S. 14-288.8(c). For the purposes of this section, a firearm
is (i) any weapon, including a starter gun, which will or is designed to
or may readily be converted to expel a projectile by the action of an
explosive, or its frame or receiver, or (ii) any firearm muffler or
firearm silencer. This section does not apply to an antique firearm, as
defined in G.S. 14-409.11.
Every person violating the provisions of this section shall be punished
as a Class G felon.
(b) Prior convictions which cause disentitlement under this section
shall only include:
(1) Felony convictions in North Carolina that occur before, on, or
after December 1, 1995; and
(2) Repealed by Session Laws 1995, c. 487, s. 3, effective December 1,
1995.
(3) Violations of criminal laws of other states or of the United States
that occur before, on, or after December 1, 1995, and that are
substantially similar to the crimes covered in subdivision (1) which are
punishable where committed by imprisonment for a term exceeding one year.
When a person is charged under this section, records of prior convictions
of any offense, whether in the courts of this State, or in the courts of
any other state or of the United States, shall be admissible in evidence
for the purpose of proving a violation of this section. The term
"conviction" is defined as a final judgment in any case in which felony
punishment, or imprisonment for a term exceeding one year, as the case may
be, is permissible, without regard to the plea entered or to the sentence
imposed. A judgment of a conviction of the defendant or a plea of guilty
by the defendant to such an offense certified to a superior court of this
State from the custodian of records of any state or federal court shall
be prima facie evidence of the facts so certified.
(c) The indictment charging the defendant under the terms of this
section shall be separate from any indictment charging him with other
offenses related to or giving rise to a charge under this section. An
indictment which charges the person with violation of this section must
set forth the date that the prior offense was committed, the type of
offense and the penalty therefor, and the date that the defendant was
convicted or plead guilty to such offense, the identity of the court in
which the conviction or plea of guilty took place and the verdict and
judgment rendered therein.
§ 14-288.8. Manufacture, assembly, possession, storage, transportation,
sale, purchase, delivery, or acquisition of weapon of mass death and
destruction; exceptions.
(a) Except as otherwise provided in this section, it is unlawful for
any person to manufacture, assemble, possess, store, transport, sell,
offer to sell, purchase, offer to purchase, deliver or give to another,
or acquire any weapon of mass death and destruction.
(b) This section does not apply to:
(1) Persons exempted from the provisions of G.S. 14-269 with respect to
any activities lawfully engaged in while carrying out their duties.
(2) Importers, manufacturers, dealers, and collectors of firearms,
ammunition, or destructive devices validly licensed under the laws of the
United States or the State of North Carolina, while lawfully engaged in
activities authorized under their licenses.
(3) Persons under contract with the United States, the State of North
Carolina, or any agency of either government, with respect to any
activities lawfully engaged in under their contracts.
(4) Inventors, designers, ordnance consultants and researchers,
chemists, physicists, and other persons lawfully engaged in pursuits
designed to enlarge knowledge or to facilitate the creation,
development, or manufacture of weapons of mass death and destruction
intended for use in a manner consistent with the laws of the United
States and the State of North Carolina.
(c) The term "weapon of mass death and destruction" includes:
(1) Any explosive or incendiary:
a. Bomb; or
b. Grenade; or
c. Rocket having a propellant charge of more than four ounces; or
d. Missile having an explosive or incendiary charge of more than
one-quarter ounce; or
e. Mine; or
f. Device similar to any of the devices described above; or
(2) Any type of weapon (other than a shotgun or a shotgun shell of a
type particularly suitable for sporting purposes) which will, or which
may be readily converted to, expel a projectile by the action of an
explosive or other propellant, and which has any barrel with a bore of
more than one-half inch in diameter; or
(3) Any firearm capable of fully automatic fire, any shotgun with a
barrel or barrels of less than 18 inches in length or an overall length
of less than 26 inches, any rifle with a barrel or barrels of less than
16 inches in length or an overall length of less than 26 inches, any
muffler or silencer for any firearm, whether or not such firearm is
included within this definition. For the purposes of this section, rifle
is defined as a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder; or
(4) Any combination of parts either designed or intended for use in
converting any device into any weapon described above and from which a
weapon of mass death and destruction may readily be assembled.
The term "weapon of mass death and destruction" does not include any
device which is neither designed nor redesigned for use as a weapon; any
device, although originally designed for use as a weapon, which is
redesigned for use as a signaling, pyrotechnic, line-throwing, safety, or
similar device; surplus ordnance sold, loaned, or given by the Secretary
of the Army pursuant to the provisions of section 4684(2), 4685, or 4686
of Title 10 of the United States Code; or any other device which the
Secretary of the Treasury finds is not likely to be used as a weapon, is
an antique, or is a rifle which the owner intends to use solely for
sporting purposes, in accordance with Chapter 44 of Title 18 of the
United States Code.
(d) Any person who violates any provision of this section is guilty of
a Class F felony.
§ 113-276.3. Mandatory suspension of entitlement to license or permit for
fixed period upon conviction of specified offenses.
(a) Upon conviction of a suspension offense under this section, the
defendant's entitlement to any license or permit applicable to the type
of activity he was engaging in that resulted in the conviction is
suspended for the period stated in subsection (d). The period of
suspension begins:
(1) Upon the surrender to an authorized agent of the Wildlife Resources
Commission of all applicable licenses and permits; or
(2) If no licenses or permits are possessed, the defendant fails or
refuses to surrender all licenses or permits, or any license or permit is
lost or destroyed, upon the Executive Director's placing in the mail the
notification required by subsection (c).
(b) If the defendant does not wish to appeal, the presiding judge may
order surrender of all applicable licenses and permits to an agent of the
Wildlife Resources Commission. If the presiding judge does not order the
surrender, or if there is for any other reason a failure by the defendant
to surrender all applicable licenses and permits, an authorized agent of
the Wildlife Resources Commission must demand surrender. Each day's
failure or refusal to surrender a license or permit upon demand, in the
absence of satisfactorily accounting for the failure to do so, is a
separate offense. A charge under this subsection does not affect the
power of the court to institute contempt proceedings if a failure or
refusal to surrender a license or permit also violates a court order. Any
agent of the Wildlife Resources Commission accepting surrender of
licenses and permits, in the courtroom or at a subsequent time and
place, must transmit them to the Executive Director with a written
notation of the date of surrender and a report of other pertinent
circumstances required by the Executive Director.
(c) The Executive Director must institute a procedure for the
systematic reporting to him by protectors or other authorized agents of
the Wildlife Resources Commission of all convictions of suspension
offenses under this section. Upon obtaining information concerning
conviction of a suspension offense and receiving any surrendered licenses
and permits, the Executive Director must determine if all appropriate
licenses and permits possessed by the defendant have been surrendered; if
not, the Executive Director must notify the appropriate agent of the
Wildlife Resources Commission to demand surrender or renew a demand for
surrender under the terms of subsection (b) if it is feasible to do so.
Upon satisfying himself that he has received all licenses and permits for
which surrender may feasibly be obtained, if any, the Executive Director
must mail the defendant a notice of the suspension of his entitlement to
possess or procure any license or permit of the type applicable to the
activity engaged in that resulted in conviction of the suspension
offense. The notice must specify the commencement and termination dates
of the period of suspension that apply under the terms of this section.
(d) Any violation of this Subchapter or of any rule adopted by the
Wildlife Resources Commission under the authority of this Subchapter
which is subject to a penalty greater than the one provided in G.S.
113-135(a)(1) is a suspension offense. Conviction of any of the following
suspension offenses results in a suspension for a period of two years:
(1) A violation of G.S. 113-294(b).
(2) A violation of G.S. 113-294(c).
(2a) A violation of G.S. 113-294(c1).
(3) A violation of G.S. 113-294(e).
(4) Repealed by Session Laws 1999-120, s. 2, effective October 1,
1999.
(5) A violation of G.S. 113-291.1A.
A conviction of any other suspension offense results in a suspension for
a period of one year.
(e) Unless otherwise provided in the judgment, any action by a court
under G.S. 113-277 to suspend entitlement to a license or permit or to
suspend or revoke a license or permit supersedes any suspension of
entitlement to a license or permit mandated by this section. If the
judgment of the court after a conviction for suspension offense does not
include any suspension or revocation action, the provisions of this
section apply.
§ 113-276.2. Licensees and permittees subject to administrative control;
refusal to issue or reissue, suspension, and revocation of their licenses
and permits; court orders of suspension.
(a) This section applies to the administrative control of:
(1) Persons, other than individual hunters and fishermen taking
wildlife as sportsmen, holding permits under this Article;
(2) Individuals holding special device licenses under G.S.
113-272.2(c)(1), (1a), (2), and (2a);
(3) Individuals holding collection licenses under G.S. 113-272.4;
(4) Individuals holding captivity licenses under G.S. 113-272.5 and
G.S. 113-272.6; and
(5) Persons holding dealer licenses under G.S. 113-273.
(b) Before issuing any license or permit to persons subject to
administrative control under this section, the Executive Director must
satisfy himself that the person meets the qualifications set by statute,
rule, or his administrative guidelines. If the person fails to meet the
qualifications or if the Executive Director learns of some other cause
for believing that issuing the license or permit would be contrary to the
best interests of the conservation of wildlife resources, he must refuse
to issue the license or permit.
(c) Before reissuing any license or permit to any person subject to
administrative control, the Executive Director must review all available
information and apply the same standards that governed initial issuance
of the license or permit before he may reissue it.
(d) Upon refusing to issue or reissue a license or permit under this
section, the Executive Director must notify the person in writing of the
reasons for his action and inform him that if he is dissatisfied with the
Executive Director's decision he may commence a contested case on the
refusal by filing a petition under G.S. 150B-23 within 10 days of
receiving the notice. The notice must be personally served by a law
enforcement officer or an agent of the Wildlife Resources Commission or
sent by mail with return receipt requested.
(e) The Executive Director shall revoke a license or permit issued to a
person subject to administrative control if he finds that the person does
not meet the qualifications for the license or permit, has committed a
substantial criminal violation of this Subchapter or a rule adopted under
the Subchapter, or has seriously or persistently failed to comply with
the terms and conditions upon which the license or permit was issued.
Before revoking a license or permit, the Executive Director shall notify
the licensee or permittee of his findings and his intention to revoke the
license or permit. The notice must be personally served by a law
enforcement officer or an agent of the Wildlife Resources Commission or
sent by mail with return receipt requested. A licensee or permittee who
disagrees with the Executive Director's findings may commence a contested
case on revocation by filing a petition under G.S. 150B-23 within 10 days
of receiving the notice. Revocation or suspension of a license or permit
by a court under G.S. 113-277 runs concurrently with a revocation under
this section.
(f) Repealed by Session Laws 1987, c. 827, s. 8.
(g) Upon revocation of a license or permit, the Executive Director or
his agent must request return of the license or permit and all associated
forms, tags, record books, inventories, invoice blanks, and other
property furnished by the Wildlife Resources Commission or required to be
kept by the Commission solely in connection with the license or permit.
If the person needs to retain a copy of the property returned to the
Wildlife Resources Commission for tax purposes or other lawful reason,
the person may copy items returned if the copies are clearly marked in a
manner that they could not be mistaken for the originals. In securing
property to be returned or in otherwise closing out the affairs conducted
under the license or permit, agents of the Wildlife Resources Commission
may enter at reasonable hours the premises of the person in which
wildlife resources or items of property pertaining to the license or
permit are kept, or reasonably believed to be kept, to inspect, audit,
inventory, remove, or take other appropriate action. Any wildlife
resources in the possession of the person which he may no longer possess
must be disposed of in accordance with the most nearly appropriate
provision of G.S. 113-137. If a person fails to return to an agent of the
Wildlife Resources Commission all wildlife resources and other property
covered by this subsection; refuses to allow entry by the agent to
inspect, audit, remove property, or perform other duties; or otherwise
obstructs an agent of the Wildlife Resources Commission in performing his
duties under this subsection, he is guilty of a Class 2 misdemeanor. Each
day's violation is a separate offense.
(h) No person refused issuance or reissuance of a license or permit
under this section, or whose license or permit was revoked, is eligible
to apply again for that or any similar license or permit for two years.
Upon application, the Executive Director may not grant the license or
permit unless the person produces clear evidence, convincing to the
Executive Director, that he meets all standards and qualifications and
will comply with all requirements of statutes, rules, and reasonable
administrative directives pertaining to the license or permit.
(i) The Executive Director is required to make necessary investigations
and cause necessary disclosure of information by all persons subject to
administrative control, and all applicants for a license or permit that
would place them in this category, to determine that the real party in
interest is seeking or has been issued the license or permit. Any attempt
to circumvent the provisions of this section is a Class 1 misdemeanor.
(j) If the Executive Director determines that the effective
conservation of wildlife resources would be seriously impaired by
continued unfettered operations or by continued possession of property by
the person subject to administrative control, the Executive Director may
apply to the appropriate court for an order:
(1) Placing special reporting and inspection requirements on the
person; or
(2) Impounding some or all of the records or other property associated
with the license or permit; or
(3) Limiting the scope of operations under the license or permit; or
(4) If there is clear evidence of a serious threat to the conservation
of wildlife resources, suspending the operations of the person under the
license or permit; or
(5) Placing other appropriate restrictions, prohibitions, or
requirements upon the person.
SECTION 1. G.S. 113-276(n) reads as rewritten:
"(n) The Wildlife Resources Commission may adopt rules to exempt
individuals from the hunting and fishing license requirements of G.S.
113-270.1B, 113-270.3(b)(1), 113-270.3(b)(3), 113-270.3(b)(5), 113-271,
113-272, and 113-272.2(c)(1) who participate in organized hunting and
fishing events for the specified time and place of the
event when the purpose of the event is consistent with the conservation
objectives of the Commission. A person exempted from licensing
requirements under this subsection is responsible for complying with any
reporting requirements prescribed by rule of the Wildlife Resources
Commission, purchasing any federal migratory waterfowl stamps as a result
of waterfowl hunting activity, and complying with any other requirements
that the holder of a North Carolina license is subject to. Those exempted
persons shall comply with the hunter safety requirements of G.S. 113-270.1A
or shall be accompanied by a properly licensed adult who maintains a
proximity to the license exempt individual which enables the adult to
monitor the activities of, and communicate with, the individual at all
times. "
See also:
http://www.ncwildlife.org/fs_index_01_license.htm
http://www.ncwildlife.org/fs_index_02_regulations.htm
