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

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Erick

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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 Landowner’s 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 “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 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
 

Erick

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The Landowner's Hunting Freedom Act (SB 1743) Update:

The bill that will legalize hunting with a suppressor on private land is now being read by the Tourism and Wildlife committee. While this bill is not perfect (Not allowing hunting with suppressors on public land or by people without permission to hunt) It is the only bill in the near future that would allow hunting with suppressors completely legal. (One other bill would allow the Wildlife Department to issue one day permits for special purposes)

If you support this bill please send an email to the Chair, Senator Harry Coates, thanking him for hearing the bill in his committee and asking him for his support. His email address is: [email protected]


If you would like to send an email urging the other senators in the committee to support the bill, you can find their addresses here. In most cases their last name is the name before "@"

[email protected] (Senator Ellis)
[email protected]
[email protected]
[email protected]
[email protected] (Senator Brown)
[email protected] (Senator Fields)
[email protected] (Sen Earl Garrison)
[email protected]
[email protected]
 

vdub

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Erick, I posted the following in the thread a few down dealing with hunting for suppressors. The information above has changed somewhat and will be modified to open it up for all game and all land.

Vdub said:
Ok everyone that wants to see Suppressors allowed for hunting in Oklahoma for everyone without land restrictions needs to step up and email their Senators!!! Senator Russell just confirmed this on AR15.com:

Senator Russell said:
OK, here is the latest on the suppressor bill. It has been scheduled for the Tourism and Wildlife Committee. Don't really see a problem but you can never tell. Sen. Coates supported this measure last year as did many others. I have no indication he will not hear the bill so it should go next week.

The NRA and I are working to expand the measure as a committee substitute that will allow the taking of game with suppressors. We will point out that all adjoining states allow this. We are an island of stupidity when it comes to suppressors. The NRA will make this one of their graded bills which should help a great deal. Will keep you posted. Steve

I did ask him if that meant allowing suppressors for everyone on all land and he said yes!!!!!!!!!!!! This bill has been referred to Tourism and Wildlife Committe so if your Senator is on this committee, it is even more important that you write/email/call them to make sure they hear your voice. Now is the time to get involved if you want to see this issue passed since Senator Russell will not be running for re-election. I have copied several links below that you can also send to your Senator to give them more information, show them other states are currently in the process of passing bills like this, and help defeat people from passing misinformation to defeat this bill. Lets flood the Senate with emails/calls/letters to let them know that law-abiding citizens want this passed!!!

Link #1: http://www.ncsilencer.com/Useful_Stuff_files/Hunting%20with%20silenced%20firearms%20article.pdf
Link #2: http://www.gem-tech.com/store/pc/pdf/HUNTING%20WITH%20SUPPRESSORS-STATE%20LAW%20COMPILATION.pdf
Link #3: http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2012&session=1&request=getBill&docno=243
Link #4: http://azleg.gov/DocumentsForBill.asp?Bill_Number=HB2728&Session_ID=107
Link #5: http://www.tpwd.state.tx.us/business/feedback/meetings/2012/0126/agenda/regulations_committee/index.phtml#item_01
Link #6: http://www.legis.ga.gov/legislation/en-US/Display/20112012/SB/301
Link #7: http://i283.photobucket.com/albums/kk289/20aegti/SuppressorsforHunting2.jpg
 

vdub

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The more we keep on top of this issue, hopefully the more likely it passes. While I do not hunt much, I would love to use my suppressor to zap a few coyotes and/or hogs. I will be considering a 300 Blackout upper for hogs even more if this passes.

However, I have been spreading this to all forums I can think of in hopes to get more people to call/email/write. I am sure my Senator is tired of hearing from me already.
 

Erick

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That would be great news if they can get it passed. I hope there isn't many legislators that would kill this bill simply because of the public hunting part. I think the biggest impact will be how us the voters can express our support and constantly compare our laws with those states that surround us. I don't think these congressmen want to be known for their opposition of Second Amendment & hunters rights.

Email the senators on the committee if you support the bill. I've posted their addresses above.
 

Erick

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Does anyone else think that now that the NRA is backing the bill, it will be a lot easier to pass? It seems like nobody in this state would want to be on record as voting against a backed bill.
 

vdub

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Erick,

I am certainly hoping that it helps get it passed!!! So far most of the NRA backed suppressor hunting legislation has passed through the state's congresses with very little opposition.
 

fustigate

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Does anyone (at all, not just on OSA) currently participate in "computer-assisted remote control hunting"?? If so, what does that look like? Terminator + DuckHunt?
 

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