HB 1575 - VERSION ADOPTED BY BOTH BODIES

 

6Mar2018... 0594h

2018 SESSION

18-2292

04/08

 

HOUSE BILL 1575

 

AN ACT permitting hunting with an air rifle.

 

SPONSORS: Rep. Spillane, Rock. 2; Rep. Howard, Belk. 8; Rep. Notter, Hills. 21; Rep. Itse, Rock. 10; Rep. J. Moore, Hills. 21; Sen. Reagan, Dist 17; Sen. Sanborn, Dist 9

 

COMMITTEE: Fish and Game and Marine Resources

 

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AMENDED ANALYSIS

 

This bill permits the taking of small game with an air rifle.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Mar2018... 0594h 18-2292

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT permitting hunting with an air rifle.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  General Provisions as to Fish and Game; Definitions.  Amend RSA 207:1, I to read as follows:

I.  Air rifle:  A gun operated by compressed air or nonflammable gas cylinder by which a projectile of any size or kind can be discharged or propelled.  For use in taking small game, such device shall be not less than .22 caliber and shall deliver not less than 12 foot-pounds of kinetic energy at the muzzle.

I-a.  Angling:  The taking of fish by line in hand, or rod in hand to which is attached a cast of artificial flies, or an artificial bait, or hooks or other devices for the attachment of bait.  A person may have in use not more than 2 such lines at one time Nothing in this title shall prohibit the use of a rod-holder in a boat.

2  Minors Hunting.  Amend RSA 207:2-a to read as follows:

207:2-a  Minors Hunting.  

I.  No person shall knowingly permit any minor, including a nonresident minor, less than 16 years of age to hunt using a firearm, bow and arrow, air rifle, or crossbow and bolt, except when accompanied by a person at least 18 years of age who is properly licensed for said activity.  In accordance with RSA 626:8, II(b), such person shall be held criminally liable and fully accountable for any damage incurred or for any violations which may be committed by the minor under the age of 16 while hunting using a firearm, bow and arrow, air rifle, or crossbow and bolt.

II.  No minor, including a nonresident minor, under the age of 16 shall hunt using a firearm, bow and arrow, air rifle, or crossbow and bolt, except when accompanied by a person at least 18 years of age who is properly licensed for said activity.

3  Lawful Methods of Taking.  Amend RSA 207:3, I to read as follows:

I.  Wildlife shall be taken in the daytime between 1/2 hour before sunrise and 1/2 hour after sunset with a gun fired at arm's length or bow and arrow, unless otherwise specifically permitted.  An air rifle may be used to take small game but shall not be used to take moose, bear, turkey, or deer.  The executive director shall specify the method and manner of taking small game with an air rifle in rules adopted pursuant to RSA 541-A.

4  General Provisions as to Fish and Game; Prohibition.  Amend RSA 207:3-a to read as follows:

207:3-a  Prohibition.  It is unlawful for a person to discharge a firearm or a .22 caliber or larger air rifle when used for hunting purposes or to shoot with a bow and arrow or crossbow and bolt within 300 feet of a permanently occupied dwelling without permission of the owner or the occupant of the dwelling or from the owner of the land on which the person discharging the firearm or air rifle or shooting the bow and arrow or crossbow and bolt is situated.  Whoever violates the provisions of this section shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.

5  Use of Firearms, Bow, or Crossbow in or Across Highway Prohibited.  Amend RSA 207:3-c, I and the introductory paragraph of RSA 207:3-c, II to read as follows:

I.  No person shall discharge a firearm, bow and arrow, air rifle, or crossbow and bolt from within 15 feet of the traveled portion of or across any class I through V highway of the state.  This section shall not apply to those persons holding a special permit pursuant to RSA 207:7-a.

II.  No person shall discharge a firearm, bow and arrow, air rifle, or crossbow and bolt from or across the following public highways of the state including the rights of way thereof:

6  Use of Firearms, Bow, or Crossbow in or Across Highway Prohibited.  Amend RSA 207:3-c, III to read as follows:

III.  Any person convicted of discharging a firearm, bow and arrow, air rifle, or crossbow and bolt prohibited under the provisions of this section shall be guilty of a violation.

7  Traps, Spring Guns, and Snares; Visiting Traps.  Amend RSA 210:13 to read as follows:

210:13  Visiting Traps.  Notwithstanding any other law to the contrary, a person shall visit his or her traps at least once in each calendar day, provided, however, that a person trapping for beaver through the ice during the open season therefor, shall visit his traps once in each 72 hours.  Trappers shall be permitted to use artificial lights during the hours of darkness to facilitate the checking of traps under this section, subject to the following restrictions: no person shall check traps at night by the use of a rifle, revolver, or pistol larger than a .22 caliber long rifle, air rifle larger than .25 caliber, or by use of shotgun shells carrying shot larger than number 4 birdshot; and checking traps by the use of lights from a motor vehicle shall be prohibited.  Only a person whose name is either stamped or engraved on the traps or on a durable tag securely affixed to the traps shall have the authority to tend the traps.  In case of an emergency, the owner of the traps may grant written permission to another duly licensed trapper to tend the traps.

8  Effective Date.  This act shall take effect July 1, 2018.