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Welcome to the official bear hunters site for North Carolina legislative information. This WWW page is maintained by the NCBHA, pursuant to NC law. For more information, you may read copies of the individual bills, drafts, and new laws that are presently being tracked be the NCBHA and its affiliates.

As Americans we have certain undeniable rights. To protect those rights every law must be understandable to its common citizens.The first Ten Articles of Amendment to the Constitution, collectively known as the "Bill of Rights", were proposed by the First Congress of the United States and submitted to the States September 25, 1789.

Article VI of the Bill of Rights advocates, that it has long been settled that a criminal law must be so clear and specific that a citizen will know whether the act, which he intends to do, will violate it.  In 1875 the Supreme Court said, “It would certainly be dangerous if the legislature could set a net large enough to catch all possible offenders, and leave it to the courts to step inside and say who could be rightfully detained and who should be set at large. This would, to some extent, substitute the Judicial for the Legislative Department of the government.”


2011 North Carolina General Assembly

Senate Bill #2 -  The bill is intended to amend NC’s existing animal cruelty laws (G.S. 14-360).  
Senator Don Vaughan of Greensboro, co-sponsor of the infamous SB-460 Commercial Dog Breeders Regulations and Restrictions, and the notorious SB-695 the tried to prohibit tethering or restraining dogs, is once again bringing forth the latest Animal Rights agenda. Senator Vaughan wants to add the following to the existing statute:
  
If any person pleads guilty or nolo contendere or is found guilty under subsection (b) of this section, the court may, in addition to the penalties provided for in G.S. 15A- 340.17, do any of the following:
(1) Prohibit the person convicted from having custody of animals for any period of time the court determines to be reasonable or impose any other reasonable restrictions on the person's custody of animals as necessary for the protection of the animals. If any person violates any prohibition or restriction imposed by the sentencing court under this subdivision, that person shall be guilty of a Class 1 misdemeanor.


(2) Order the person convicted to receive a psychiatric or psychological evaluation and, if determined appropriate, to receive psychiatric or psychological counseling or treatment. The cost of any evaluation, counseling, or treatment ordered under this section shall be paid by the person ordered to receive the evaluation, counseling, or treatment.
Article 47 of Chapter 14 of the General Statutes is amended by adding a new section to read:
§ 14-362.4. Failing to provide adequate shelter to dogs.
(a) For the purposes of this section, "adequate shelter" means, at a minimum, an artificial shelter with a waterproof roof that reasonably may be expected to protect a dog from physical suffering or impairment of health due to exposure to the elements of adverse weather. A metal or plastic barrel is not adequate shelter for a dog.


(b) A person who owns or has custody of a dog and intentionally fails to provide the dog with adequate shelter is guilty of a Class 1 misdemeanor."
 Why we are saying “NO” to Senate Bill #2?
We are saying NO, because North Carolina has enough animal protection laws.  As a matter of fact, there are over 18 comprehensive North Carolina statutes that comprise the state's dog laws.  Among the provisions include pet shop provisions, rabies vaccination laws, and the dangerous dog chapter. and over 75 lesser statutes including the statute allowing a city/county by ordinance to  regulate, restrict, or prohibit the keeping, running, or going at large of any domestic animals, including dogs and cats.  Consequently, Bill SB#2 is an unnecessary statute and an unwarranted burden on our citizens. 

Senator Vaughan needs to realize that every NC citizen will bear the burden of these unnecessary changes to our existing law. With NC unemployment at 10% and a half-million citizen out of work, struggling to feed there families, we will be forced to contend with an absolutely wasteful expense.

Senate Bill 238 AN ACT TO REGULATE DEER HUNTING WITH DOGS IN RICHMOND COUNTY.
The General Assembly of North Carolina enacts:
SECTION 1. Definitions. – The following definitions apply in this act:
(1) "Dog Deer Hunting Area" (DDHA) means an area meeting the following criteria and on which dog deer hunting is permissible. The area must be:
a. At least 640 acres in area (one square mile), except that in the case of a person hunting on his or her own land, the area must be at least 250 acres in area.
b. One contiguous tract on which the hunting rights are owned, leased, or controlled by a hunting group. Several tracts of separate ownership may be combined by hunting groups to make up the minimum required size of the DDHA. Public roadways traversing a tract shall not divide the tract for purposes of this definition.
c. Posted on all boundaries, entry routes, and roads as a Dog Deer Hunting Area.
(2) "Dog Deer Hunting Area Permit" means an annual permit issued by Richmond County authorizing Dog Deer Hunting on a Dog Deer Hunting Area as defined in this section on an application form supplied by the Department that contains information sufficient to determine qualification and eligibility of the area as a Dog Deer Hunting Area.
(3) "Dog Deer Hunting" or "Dog Deer Hunt" refers to activity in which a person (i) takes a stand on land or water, in or on a boat or vehicle of any description that is stopped on water or land, on a public or private road, or on any right-of-way, (ii) while in possession of a weapon capable of killing a deer, and (iii) while dogs belonging to, or under the control of, the person are present in the area as evidenced by sight or sound.
(4) "While in possession of a weapon capable of killing a deer" does not apply when all weapons are unloaded and encased, disassembled, or stored in a vehicle, toolbox, trunk, or other compartment; and, if weapons are not stored as described, then they must be located at least 30 feet from ammunition capable of being used in the weapon in order for the term not to apply.
SECTION 2. Criteria. – The following criteria shall apply to hunters using the Dog Deer Hunting Area and to dogs used in the hunt:
(1) Every hunter, while hunting deer in the DDHA, shall carry written permission to hunt in the area or proof of membership to the group or club holding the dog deer hunting rights to the property.
(2) One or more of the hunters shall be designated as Hunt Master and shall be responsible for the hunting party's compliance with requirements of the Dog Deer Hunting Plan. The Hunt Master shall be knowledgeable of all the dog owners and handlers participating in the Dog Deer Hunt and be able to contact them during the hunt.
(3) Every dog used in the Dog Deer Hunt shall have a metal tag attached to its collar displaying the name, address, and telephone number of its owner or handler and the DDHA permit number.
SECTION 3. Prohibited Acts. – It is unlawful to do any of the following:
(1) Engage in Dog Deer Hunting with the use of dogs on land that does not qualify as a Dog Deer Hunting Area and for which a current and valid Dog Deer Hunting Area Permit has not been obtained.
(2) Use any dog to deer hunt on a Dog Deer Hunting Area that is not tagged as specified in this act.
(3) Hunt in a Dog Deer Hunting Area without carrying written permission or evidence of membership in the authorized hunting group or club.
(4) Hunt on, from, or across any public road or road right-of-way.
(5) Fail to stop a Dog Deer Hunt when any dog involved in the hunt crosses from the Dog Deer Hunting Area onto lands not registered as a Dog Deer Hunting Area. The Dog Deer Hunt may not continue in the designated Dog Deer Hunting Area until the errant dog has been retrieved. The requirement to stop the Dog Deer Hunt when one or more hunting dog crosses onto land not registered as a Dog Deer Hunting Area shall not apply if the Hunt Master or his designee and two other participants in the Dog Deer Hunt initiate a search for and an attempt to retrieve the errant dog or dogs, provided that the offended landowner may stop the hunt by reporting the trespass to the Hunt Master or to the Wildlife Resources Commission. The Hunt Master is responsible for compliance with every aspect of this requirement.
(6) Hunt on another's land without having, on the person, written permission signed and dated by the owner, lessee, or club president, if applicable. Permission is good for one year unless otherwise stated. Allowing a dog under one's ownership, possession, or control to run upon or across another's land without written permission constitutes hunting on that land and is subject to the requirement for written permission as set forth in this subsection.
(7) Kill, injure, steal, or harm in any way any dog used in a Dog Deer Hunt merely because the dog crossed from property registered as a Dog Deer Hunting Area to an area where written permission to hunt with dogs has not been obtained.
(8) Fraudulently or untruthfully report that a dog or hunter has infringed upon an area where written permission has not been obtained.
SECTION 4. Penalties. – Penalties for violation of the provisions of this act are as follows:
(1) A violation of subdivision (1), (2), (3), (4), (6), (7), or (8) of Section 3 of this act is punishable as a Class 2 misdemeanor and punishable by a fine of not more than five hundred dollars ($500.00), no part of which may be suspended, or imprisonment for not more than 30 days, or both. The court shall transmit the record of the conviction to the Wildlife Resources Commission for hunting license suspension pursuant to subdivision (2) of this subsection.
 (2) In addition to any other penalties provided by law, a person convicted for more than two violations within a two-year period of any of the prohibited acts set forth in subdivision (1), (2), (3), (4), (6), (7), or (8) of Section 3 of this act shall have his or her hunting privileges suspended by the Wildlife Resources Commission, and the convicted person's hunting license shall remain suspended until the person successfully completes a hunter education class administered by the Commission.
(3) Upon the first violation of subdivision (5) of Section 3 of this act, a person may be given a written warning of violation pursuant to G.S. 113-140. Any subsequent violation of that subdivision is punishable as a Class 2 misdemeanor and punishable by a fine of up to five hundred dollars ($500.00). Violations of subdivision (5) of Section 3 of this act shall count toward the suspension of individual hunting licenses as set forth in subdivision (2) of this section and for suspension or cancellation of the Dog Deer Hunting Area Permits as set forth in subdivision (4) of this section.
(4) Any Dog Deer Hunting Area Permit shall be suspended or revoked by Richmond County upon more than two convictions for violations of the prohibited acts contained in Section 3 of this act within a two year period. The violations that count toward suspension or cancellation of a Dog Deer Hunting Area Permit shall include convictions for any of the prohibited acts contained in Section 3 of this act by any participant in any Dog Deer Hunts being conducted on the lands covered by the Dog Deer Hunting Permit. The term "participant" as used in this subdivision includes any and all Hunt Masters appointed by the club or group of hunters hunting on the Dog Deer Hunting Area. A Dog Deer Hunting Area shall not be eligible for reinstatement, reissuance, or renewal of a Dog Deer Hunting Area Permit for a period of at least one year from the date of revocation. The length of suspension of a Dog Deer Hunting Area Permit for multiple violations of this act shall be established by Richmond County.
SECTION 5. Enforcement. – This act is enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by peace officers with general subject matter jurisdiction.
SECTION 6. Application. – This act applies only to that portion of Richmond County in which deer hunting with dogs is not prohibited pursuant to Chapter 869 of the 1985 Session Laws, as amended by Chapter 110 of the 1995 Session Laws.

SECTION 7. Effective Date. – This act becomes effective September 1, 2011, and applies to acts committed on or after that date.

 

Senate Bill 66 - AUTHORIZE THE RETRIEVAL OF KILLED OR WOUNDED DEER
The General Assembly of North Carolina enacts:

SECTION 1. G.S. 113-291.1 is amended by adding a new subsection to read:

"(k) If a hunter kills or wounds a deer during the hunting hours authorized by subsection (a) of this section, the hunter may use a handheld light and a single dog on a leash to assist the hunter in retrieving the dead or wounded deer, and may dispatch a wounded deer using only a .22-caliber rimfire pistol or a weapon otherwise legal for that hunting season. Pursuit and retrieval under this subsection may occur after the hunting hours provided for in subsection (a) of this section if necessary, but such pursuit and retrieval may not be accomplished using a motor vehicle.

For purposes of this section, the term "dispatch" means the quick and humane killing of a wounded animal to prevent further suffering through infection, starvation, or other distress in the wild."

SECTION 2. This act becomes effective October 1, 2011.


 

Senate Bill 35 - PROHIBIT THE HUNTING OF DEER WITH DOGS IN ORANGE COUNTY.
Senator Kinnaird

The General Assembly of North Carolina enacts:

SECTION 1. It is unlawful to hunt deer or attempt to take deer with the aid of dogs at any time.

SECTION 2. Violation of this act is a Class 3 misdemeanor.

SECTION 3. This act is enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by peace officers with general subject matter jurisdiction.

SECTION 4. This act applies only to Orange County.

SECTION 5. This act becomes effective October 1, 2011, and applies to acts committed on or after that date.


Senate Bill 362 - REGULATE HUNTING WITH CENTERFIRE RIFLES IN PASQUOTANK COUNTY. 

The General Assembly of North Carolina enacts: 

SECTION 1. It is unlawful to hunt with a centerfire rifle except from a permanent  or portable stationary stand which raises the lower level of the barrel to a minimum of eight  feet above ground level. For purposes of this act, the term "hunt" is defined as provided in G.S.  113-130. 

SECTION 2. Section 1 of this act does not apply to a landowner or lessee of  property using a centerfire rifle for self-protection or to prevent crop depredation. 

SECTION 3. A person who violates Section 1 of this act is responsible for an  infraction and shall pay a penalty of ten dollars ($10.00) plus court costs. 

SECTION 4. This act is enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by peace officers with general subject matter jurisdiction. 

SECTION 5. This act applies only to Pasquotank County. 

SECTION 6. This act becomes effective October 1, 2011, and applies to acts committed on or after that date.


 

Senate Bill 374 - TO PROTECT LANDOWNER RIGHTS AND INCREASE PUBLIC SAFETY BY REQUIRING WRITTEN PERMISSION TO HUNT ON THE LAND OF ANOTHER STATEWIDE AND BY PROHIBITING HUNTING FROM THE RIGHT-OF-WAY STATEWIDE.

The General Assembly of North Carolina enacts:

SECTION 1. Article 22 of Chapter 113 of the General Statutes is amended by adding a new section to read:

"§ 113-291.12. Hunting from rights-of-way; hunting on the land of another.

(a) It is unlawful to take wildlife, or to attempt to take wildlife, by discharging a firearm, bow and arrow, or crossbow from, on, across, or over the right-of-way of any State-maintained public road or highway, except as allowed on State game lands as prescribed by rules established by the Wildlife Resources Commission. For purposes of this section, the term "to take" has the same meaning as in G.S. 113-130.

(b) It is unlawful to possess a loaded firearm outside the passenger compartment of a vehicle while on the roadway or highway right-of-way while in the act of taking or attempting to take wildlife, unless the person is the owner or lessee of the land abutting the right-of-way or has on his or her person the written permission of the owner or lessee of the land abutting the right-of-way to hunt on the land, dated within the last 12 months. Nothing in this section prohibits a person from carrying a concealed weapon authorized by a concealed handgun permit issued in accordance with Article 54B of Chapter 14 of the General Statutes or considered valid under G.S. 14-415.24.

(c) It is unlawful to take wildlife or attempt to take wildlife on the land of another without having on one's person the written permission, dated within the last 12 months, of the landowner or lessee or the landowner's or lessee's designee. The written permission shall be displayed upon request of any law enforcement officer of the Wildlife Resources Commission, sheriff or deputy sheriff, or other law enforcement officer with general subject matter jurisdiction. A person shall have written permission to hunt for purposes of this section if a landowner or lessee has granted permission to a hunting club to hunt on the person's land and the person is carrying both a current membership card demonstrating the person's membership in the hunting club and a copy of valid written permission granted to the hunting club that complies with the requirements of this section.

(d) Violation of this section is a Class 3 misdemeanor. Notwithstanding the provisions of G.S. 15A-1340.23, a second or subsequent violation of this section within three years is a Class 2 misdemeanor punishable by a fine of at least two hundred fifty dollars ($250.00) and the loss of hunting privileges for a period of 12 months from the date of the conviction.

(e) This section is enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by law enforcement officers with general subject matter jurisdiction.

(f) To the extent that this section conflicts with any provision of any local act, this section prevails. The fact that a local act in conflict with this section has not been specifically repealed does not indicate an intent for the local act to prevail."


Past Bills
2009 Bills

SB 460 Commercial Dog Breeders (Sen. Don Davis)

03/05/2009 Filed by Senator Davis; 03/09/2009 Ref to Commerce; 05/04/2009 Reported Favorable by Commerce; 05/04/2009 Re-ref to Finance; 07/01/2009 Reported Favorable by Finance; 07/01/2009 Placed on Senate Calendar for 7/8/2009; 07/08/2009 Withdrawn from Senate Calendar; 07/08/2009 Re-ref Com On Rules and Operations of the Senate.

House version companion bill=HB 460 Commercial Dog Breeders
A Bill to regulate the transportation, commercial breeding, sale, purchase, housing, care, handling and treatment of such dogs. To restrict the number of dogs that are permitted within any primary enclosure and prescribe the manner in which animals may be transported to and from registered or licensed premises. 

HB 460 Commercial Dog Breeders (Rep. Jeffus, Dickson, Harrison)
05-14-09  /   Qualified as Crossover Bill - This BILL is pending action. 
A Bill to regulate the transportation, commercial breeding, sale, purchase, housing, care, handling and treatment of such dogs. To restrict the number of dogs that are permitted within any primary enclosure and prescribe the manner in which animals may be transported to and from registered or licensed premises. Require licensees and holders of certificates to keep records of the purchase and sale of animals and to identify animals at their establishments. This Bill is a long-sought after agenda item from the Animal Rights groups, hunters and dog owners need to aggressively speak out against Bill 460.

 HB 733 Regulate Comm. Breeding/Dogs (Rep. McElraft, Dickson, Sager, Allen)
05-14-09  /   Qualified as Crossover Bill - This BILL is pending action
03/23/2009  Ref to the Com on Agriculture, if favorable, Finance
 This bill says that a commercial breeding operation means the physical location or facility at which a commercial breeder breeds or maintains adult female dogs and their offspring. For purposes of this Article, commercial breeding operations shall not include those kennels or establishments operated primarily for the purpose of boarding or training hunting, sporting, herding, or guide dogs. No commercial breeder shall operate in the State without first obtaining a commercial breeder's license. Commercial breeders shall not breed female dogs less than 18 months or more than 8 years of age.

 SB 467 Disposal of Unclaimed Animals (Sen. McKissick)
05-14-09  /   Qualified as Crossover Bill - This BILL is pending action
03/09/2009 Ref To Com On Agriculture/Environment/Natural Resources
Animals not wearing an rabies vaccination and owner identification tag and if the Animal Control Officer does not know who the owner is, the Animal Control Officer may impound the animal. The duration of the impoundment of these animals shall be established by the county board of commissioners, but the duration shall not be less than 72 hours. If the animal is not reclaimed by its owner during the impoundment period, the animal shall be disposed of. 

 SB 695 Restraining of Dogs (Sen. Garrou)
05-14-09  /   Qualified as Crossover Bill - This BILL is pending action
companion bill HB 626 Restraining of Dogs
 No person shall tether, fasten, chain, tie, or restrain a dog, or cause such restraining of a dog, to a tree, fence, post, dog house, or other stationary object for more than nine hours in a 24-hour period.
 
HB 626 Restraining of Dogs (Rep. Yongue, Fisher, McComas, Burr)
05-15-09  /  Bill Died, Defeated,or was Tabled
No person shall tether, fasten, chain, tie, or restrain a dog, or cause such restraining of a dog, to a tree, fence, post, dog house, or other stationary object for more than nine hours in a 24-hour period. During periods of tethering that are not unlawful under this subsection, any tethering device used shall be at least 15 feet in length and attached in such manner as to prevent strangulation or other injury to the dog and entanglement with objects other than the stationary objects to which the device is attached. A person who knowingly restrains a dog in violation of this section is guilty of a Class 1 misdemeanor. (see letter/email below)

SB 515 Prohibit Penning of Wildlife (Sen. Hunt)
05-15-09  /  Bill Died, Defeated,or was Tabled
A bill to make it unlawful for any person to release or place live foxes or coyotes in an enclosed area in which the animals are intentionally confined for the purpose of field trials or the training of dogs, regardless of the size of the enclosure.

SB 674 Amend Rabies Laws (Sen. Purcell)
05-15-09  /  Bill Died, Defeated,or was Tabled
 The owner of every dog, cat, and ferret over four months of age shall have the animal vaccinated against rabies. The time or times of vaccination shall be established by the Commission. Rabies vaccine shall be administered only by a licensed veterinarian, by a registered veterinary technician under the direct supervision of a licensed veterinarian, or by a certified rabies vaccinator."

HB 1428  Prohibit Using Hunting Dogs to Deer Hunt (Rep Lewis)
05-15-09  /  Bill Died, Defeated,or was Tabled
A county may by ordinance regulate the taking of deer with dogs. Notwithstanding the provisions of G.S. 153A-122, an ordinance enacted under the authority of this section shall apply throughout the county. An ordinance enacted under the authority of this section shall supersede any conflicting local act applying to the county to the extent of the conflict but may not have the effect of permitting activity with respect to hunting deer with dogs that is prohibited or more severely restricted by regulations of the Wildlife Resources Commission.

  
NORTH CAROLINA LAW MAKING - By following proper procedures and observing Constitutional limitations, the General Assembly can create new law and can destroy old law. The kinds of laws which are enacted may be classified under five general heads:


(1) Laws regulating individual conduct. These laws prohibit certain acts or require certain acts by an individual in order to promote the interests of society generally. These laws frequently impose a penalty of a fine, imprisonment, or both, for violations, and in such cases are known as criminal laws.


(2) Laws providing for services by the State. These laws include provisions for schools, hospital and health services, agricultural and industrial research, public recreation facilities, and many other types of services which the State may provide for its people.


(3) Laws empowering or directing local governments to act. Cities, counties, and many other types of local governmental units are subject to State control. This control is generally exercised through the General Assembly by laws enabling or directing the local units to act in the manner desired by the State.


(4) Laws determining how much money shall be raised by the State and for what purposes it shall be spent. When the General Assembly enacts the various tax and appropriations bills, it makes two determinations: (a) How much of the resources of the people of the State shall be taken for purposes of government, and (b) Which governmental services and purposes shall have priority in the competition for available funds.


(5) Amendments to the State Constitution. In addition to the above four types of statutes, the General Assembly may propose amendments to the State Constitution. If an act to amend the Constitution is approved by at least three-fifths of the total membership of each house, the proposal is then submitted to the voters of the whole State. If a majority of the voters approve, the proposed amendment becomes part of the Constitution.


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