HB440: (New Title) relative to prohibited methods of taking wildlife in certain fish and game laws.

CHAPTER 40

HB 440 – FINAL VERSION

07Jan2004… 2513h

04/01/04 0857s

2004 SESSION

03-0610

10/09

HOUSE BILL 440

AN ACT relative to prohibited methods of taking wildlife in certain fish and game laws.

SPONSORS: Rep. Chandler, Carr 4; Rep. Mock, Carr 4; Rep. Stohl, Coos 1; Rep. R. L’Heureux, Hills 58; Sen. Clegg, Dist 14

COMMITTEE: Fish and Game

AMENDED ANALYSIS

This bill adds bow and arrow, crossbow and bolt, and muzzleloaders to fish and game laws related to certain prohibited uses of firearms.

This bill also clarifies the extent of the traveled portion of highways on which the discharge of firearms, bow and arrow, and crossbow and bolt on or across highways is prohibited.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Jan2004… 2513h

04/01/04 0857s

03-0610

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to prohibited methods of taking wildlife in certain fish and game laws.

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

40:1 Method of Taking Wildlife; Prohibition; Crossbow Added. Amend RSA 207:3-a to read as follows:

207:3-a Prohibition. It is unlawful for a person to discharge a firearm 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 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.

40:2 Discharging Firearm Across Highway; Bow, Crossbow Added. RSA 207:3-c is repealed and reenacted to read as follows:

207:3-c Use of Firearms, Bow, or Crossbow in or Across Highway Prohibited.

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

(a) Route 93 from the New Hampshire/Massachusetts state line in the town of Salem to the New Hampshire/Vermont state line in the town of Littleton;

(b) Route 89 from the intersection with Route 93 in the town of Bow to the New Hampshire/Vermont state line in the town of Lebanon;

(c) Route 95 from the New Hampshire/Massachusetts state line in the town of Seabrook to the New Hampshire/Maine state line in the town of Portsmouth;

(d) Route 293 from the intersection with Route 93 in the city of Manchester to the intersection with Route 93 in the town of Hooksett;

(e) Route 393 from the intersection with North Main Street in the city of Concord to the Concord/Chichester town line;

(f) Route 202/9 from the intersection with Route 114 in the town of Henniker to the junction with Route 31 in the town of Hillsborough;

(g) Route 16, commonly known as the Spaulding Turnpike, from the intersection with Route 95 in the town of Portsmouth to the Milton/Middletown town line;

(h) Route 3, commonly known as the F.E. Everett Turnpike, from the New Hampshire/Massachusetts state line in the city of Nashua to the intersection with Route 101 in the town of Bedford;

(i) Route 101 from the intersection with Route 114 in the town of Bedford to the intersection with Route 1 in the town of Hampton.

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

40:3 Illegal Night Hunting; Firearms; Bow and Arrow; Crossbow. Amend RSA 208:8, III(a) to read as follows:

(a) Uses or is found in the possession of a bow and arrow, crossbow and bolt, a muzzle-loading firearm with live ammunition components to fit, or a rifle, revolver, or pistol larger than .22 caliber long rifle; or

40:4 Effective Date. This act shall take effect January 1, 2005.

(Approved: May 3, 2004)

(Effective Date: January 1, 2005)