STATE OF OKLAHOMA
2nd Session of the 53rd Legislature (2012)
SENATE BILL 1743 By: Russell
AS INTRODUCED
An Act relating to hunting wildlife; creating the Landowners Hunting Freedom Act; amending 29 O.S. 2011, Section 5-201, which relates to means of taking wildlife; clarifying prohibition; exempting certain persons from specified prohibition; clarifying applicability of exemption; providing for noncodification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the Landowners Hunting Freedom Act.
SECTION 2. AMENDATORY 29 O.S. 2011, Section 5-201, is amended to read as follows:
Section 5-201. A. Except as otherwise provided for in this section, no person may utilize at any time, for the purpose of killing or capturing any game mammal, game bird or nongame bird, the following means:
1. Any trap, net, snare, cage, pitfall, baited hook or similar device;
2. Any drug, poison, narcotic, explosive or similar substance;
3. Any swivel or punt gun of greater calibre than ten (10) gauge;
4. Any device which generates electricity; or
5. Any device which noticeably suppresses noise from a firearm, commonly known as a silencer suppressor.
B. Except as otherwise provided for in this section, no person shall hunt wildlife by computer-assisted remote control hunting.
C. Except as otherwise provided for in this section, no person shall engage in any activity that provides, sells, offers for sale, assists in, or provides facilities for computer-assisted remote control hunting of wildlife.
D. The following persons shall be exempt from the prohibition in subsection A of this section:
1. The Oklahoma Wildlife Conservation Director, departmental employees and authorized agents when capturing wildlife for propagation or management purposes;
2. Any person, group or governmental agency the Director may by written permit authorize, where any species of nongame birds are causing a nuisance or undue economic loss, as may be determined by the Director. Such permit shall state the method of control and specific procedures and conditions as may be deemed appropriate by the Director;
3. Any person possessing a scientific purposes license under Section 4 118 of this title; or
4. Employees of the Oklahoma Department of Agriculture, Food, and Forestry Wildlife Services Division and the United States Department of Agriculture Wildlife Services while engaged in wildlife management activities for the protection of agriculture, property, human health and safety and natural resources.
E. 1. The following persons shall be exempt from the prohibition specified in paragraph 5 of subsection A of this section:
a. any person hunting on property owned by the person, and
b. any guest or other person hunting on property with the permission of the owner of the property.
2. Nothing in this subsection shall be construed to exempt landowners or their guests from the requirements and provisions of the National Firearms Act regulations and tax requirements for lawful use of such weapons.
F. A person shall be exempt from the prohibition in subsection B of this section if the person is permanently physically disabled so that the person is physically incapable of using a firearm, crossbow, or conventional bow as certified in writing by a physician licensed to practice medicine. A person who has received certification as provided for in this paragraph shall have in their possession written evidence of the certification while in the field hunting.
F. G. A person shall be exempt from the prohibition in subsection C of this section if the person is engaged in providing facilities for, assisting in, selling, or offering for sale a computer-assisted remote control hunting activity for a person who is physically disabled as described in subsection E F of this section. The physically disabled person shall be physically present where the hunting activity is occurring and be in control and operating the computer-assisted remote control means to take wildlife.
G. H. 1. Any person convicted of violating the provisions of subsection A of this section shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).
2. Any person convicted of violating the provisions of subsection B or C of this section shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail not exceeding one (1) year, or by both the fine and imprisonment. In addition, the court may order that the hunting or fishing license and privileges of any person convicted of violating the provisions of subsection B or C of this section be revoked for a period of not less than one (1) year but not exceeding five (5) years. The cost of reinstating a hunting or fishing license revoked pursuant to this subsection for residents shall be Two Hundred Dollars ($200.00) for each license and for nonresidents shall be Five Hundred Dollars ($500.00) for each license. The reinstatement fee shall be in addition to any other fees required for the hunting or fishing license.
SECTION 3. This act shall become effective November 1, 2012.
53-2-1940 JM 2/14/2012 9:38:18 AM
2nd Session of the 53rd Legislature (2012)
SENATE BILL 1743 By: Russell
AS INTRODUCED
An Act relating to hunting wildlife; creating the Landowners Hunting Freedom Act; amending 29 O.S. 2011, Section 5-201, which relates to means of taking wildlife; clarifying prohibition; exempting certain persons from specified prohibition; clarifying applicability of exemption; providing for noncodification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the Landowners Hunting Freedom Act.
SECTION 2. AMENDATORY 29 O.S. 2011, Section 5-201, is amended to read as follows:
Section 5-201. A. Except as otherwise provided for in this section, no person may utilize at any time, for the purpose of killing or capturing any game mammal, game bird or nongame bird, the following means:
1. Any trap, net, snare, cage, pitfall, baited hook or similar device;
2. Any drug, poison, narcotic, explosive or similar substance;
3. Any swivel or punt gun of greater calibre than ten (10) gauge;
4. Any device which generates electricity; or
5. Any device which noticeably suppresses noise from a firearm, commonly known as a silencer suppressor.
B. Except as otherwise provided for in this section, no person shall hunt wildlife by computer-assisted remote control hunting.
C. Except as otherwise provided for in this section, no person shall engage in any activity that provides, sells, offers for sale, assists in, or provides facilities for computer-assisted remote control hunting of wildlife.
D. The following persons shall be exempt from the prohibition in subsection A of this section:
1. The Oklahoma Wildlife Conservation Director, departmental employees and authorized agents when capturing wildlife for propagation or management purposes;
2. Any person, group or governmental agency the Director may by written permit authorize, where any species of nongame birds are causing a nuisance or undue economic loss, as may be determined by the Director. Such permit shall state the method of control and specific procedures and conditions as may be deemed appropriate by the Director;
3. Any person possessing a scientific purposes license under Section 4 118 of this title; or
4. Employees of the Oklahoma Department of Agriculture, Food, and Forestry Wildlife Services Division and the United States Department of Agriculture Wildlife Services while engaged in wildlife management activities for the protection of agriculture, property, human health and safety and natural resources.
E. 1. The following persons shall be exempt from the prohibition specified in paragraph 5 of subsection A of this section:
a. any person hunting on property owned by the person, and
b. any guest or other person hunting on property with the permission of the owner of the property.
2. Nothing in this subsection shall be construed to exempt landowners or their guests from the requirements and provisions of the National Firearms Act regulations and tax requirements for lawful use of such weapons.
F. A person shall be exempt from the prohibition in subsection B of this section if the person is permanently physically disabled so that the person is physically incapable of using a firearm, crossbow, or conventional bow as certified in writing by a physician licensed to practice medicine. A person who has received certification as provided for in this paragraph shall have in their possession written evidence of the certification while in the field hunting.
F. G. A person shall be exempt from the prohibition in subsection C of this section if the person is engaged in providing facilities for, assisting in, selling, or offering for sale a computer-assisted remote control hunting activity for a person who is physically disabled as described in subsection E F of this section. The physically disabled person shall be physically present where the hunting activity is occurring and be in control and operating the computer-assisted remote control means to take wildlife.
G. H. 1. Any person convicted of violating the provisions of subsection A of this section shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).
2. Any person convicted of violating the provisions of subsection B or C of this section shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail not exceeding one (1) year, or by both the fine and imprisonment. In addition, the court may order that the hunting or fishing license and privileges of any person convicted of violating the provisions of subsection B or C of this section be revoked for a period of not less than one (1) year but not exceeding five (5) years. The cost of reinstating a hunting or fishing license revoked pursuant to this subsection for residents shall be Two Hundred Dollars ($200.00) for each license and for nonresidents shall be Five Hundred Dollars ($500.00) for each license. The reinstatement fee shall be in addition to any other fees required for the hunting or fishing license.
SECTION 3. This act shall become effective November 1, 2012.
53-2-1940 JM 2/14/2012 9:38:18 AM
