The Landowner's Hunting Freedom Act (2012 SB 1743): Hunting with Suppressors

[vdub]

If you send an email to committee members, make sure to include that Texas just opened up their regulations that previously allowed residents to take nuissance animals with suppressors to now include taking of game animals. If Texas can find no reason to prevent residents to use suppressors for hunting, then Oklahoma should be no different or special.

http://www.nraila.org/hunting/issue...ing-legalized-in-the-lone-star-state-(1).aspx

 

[AckleyShooter]

Please email the members!!!! It only takes a few minutes.

 

[MLR]

I would love to hear the wildlife agency's and OHP's argument against the bill. That is complete ignorance.

Why should the OHP have any involment at all in this issue?[/QUOTE]
Personally I believe that allowing any government agency or its workers to lobby for or against legislation is a conflict of interest.

Michael

 

[Erick]

It is vital that they hear from their constituents. Please take the short time to ask for their support for this bill. I doesn't have to be a long letter, just a polite one that is to the point.

Here are the email addresses to the congressmen on the committee. I formatted it so you should be able to copy and past this right into your address bar:

[email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected]

 

[AckleyShooter]

I just emailed every person on the committee for the second time. I included this link:

http://www.fishgame.com/newsblog.php?p=7478#.T3XYCdleJK1

Texas just announced they unanimously approved suppressors for hunting.

 

[EFsDad]

Amendment filed:
STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

PROPOSED COMMITTEE
SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1743 By: Russell, Newberry, Shortey, Ivester, Marlatt, Treat, Brinkley, Childers, David, Schulz and Brecheen of the Senate

and

Osborn of the House






PROPOSED COMMITTEE SUBSTITUTE

An Act relating to wildlife; creating the Landowner’s Hunting Freedom Act; providing short title; amending 29 O.S. 2011, Section 5-201, which relates to means of taking wildlife; clarifying language; exempting certain persons from prohibition for using a certain device; clarifying application of exemption on certain requirements and provisions of certain laws; adding a penalty; allowing a court to order a revocation of certain licenses; 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 "Landowner's 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 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 any person from the requirements and provisions of the National Firearms Act and regulations and tax requirements for lawful use of a weapon as described in paragraph 5 of subsection A of this section.
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 subsection 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.
3. Any person convicted of a wildlife offense which involves a species of wildlife listed in Section 5-411 of this title, involves a species of wildlife referenced in Section 5-412 of this title or involves the unlawful possession, taking or killing of the wildlife from an unlawful hunt, chase, trap, capture, shooting, killing or slaughter by any means and who was using a suppressed firearm during the commission of the wildlife offense, in addition to any other penalty otherwise provided for in law, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) 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 the person 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 paragraph 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.

53-2-10209 KB 04/03/12

 

[Caseman]

Looks like they added the last paragraph to deal with the poaching concerns. It is scheduled to be heard tomorrow by the House Agriculture Committee.

 

[AckleyShooter]

So does that mean that if you forget your blaze orange hat while walking in to the stand and a game warden catches you (and you have a suppressor) then you are subject to #2 and #3 at the bottom?

 

[NikatKimber]

So does that mean that if you forget your blaze orange hat while walking in to the stand and a game warden catches you (and you have a suppressor) then you are subject to #2 and #3 at the bottom?

I don't read it that way.

Section H.2 relates to punishment for unauthorized computer aided hunts.

From Section H, 3

or involves the unlawful possession, taking or killing of the wildlife from an unlawful hunt, chase, trap, capture, shooting, killing or slaughter by any means and who was using a suppressed firearm during the commission of the wildlife offense,

Correct me if I'm wrong, as I'm not an avid hunter, but I don't think not having enough blaze orange qualifies as an unlawful hunt.

 

[AckleyShooter]

NikatKimber,
not having enough blaze orange can be an unlawful hunt. The statute isn't clear that the offense must be while breaking the law WITH the suppressor, not just having one on your rifle with the intent of hunting with it.