A5495

An Act concerning hunting with a firearm and amending R.S.23:4-44, R.S.23:4-12, and R.S.23:4-13.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.23:4-44 is amended to read as follows:

23:4-44. [Unless otherwise prescribed by the State Fish and Game Code, no] A person engaged in hunting for wild deer shall only use or carry a [rifle of any kind or description, or any] firearm [or shotgun of a smaller caliber than 12 gauge, or load such firearm or shotgun with a bullet or other missile larger than that commonly known as buckshot, or have in possession] as prescribed by the State Fish and Game Code while engaged in hunting for deer during the open season [for killing deer any missile except buckshot or, while engaged in hunting, have any missile larger than number 4 fine shot in possession at any time other than during the open season for killing deer; provided, however, that nothing in this section shall prevent the hunting of deer with a bow and arrow as stated in this section and as otherwise provided by law and the State Fish and Game Code; provided, that it] .

It shall be unlawful, unless otherwise prescribed by the State Fish and Game Code, for any person to [have in his possession] possess or have under [his] the person’s control any [gun or firearm] shotgun or muzzleloader at any time while hunting deer with bow and arrow [, and no] . A person shall not use or [have in his possession] possess or have under [his] the person’s control while hunting any poison arrow [,] or an arrow with explosive tips [, or any bow drawn, held or released by mechanical means].

Nothing in this section shall prohibit a person engaged in hunting for wild deer from carrying a handgun if that person has obtained a permit to carry a handgun issued pursuant to N.J.S.2C:58-4 or is otherwise authorized to carry a handgun at all times in this State pursuant to N.J.S.2C:39-6, provided that the person does not use the handgun to hunt wild deer. A person who has obtained a permit to carry a handgun issued pursuant to N.J.S.2C:58-4 and carries a handgun pursuant to this section shall maintain the permit on their person in accordance with section 6 of P.L.2022, c.131 (C.2C:58-4.5).

(cf: P.L.1957, c.193, s.3)

2. R.S.23:4-12 is amended to read as follows:

23:4-12 [No] A person, shall not kill, destroy or injure, pursue with intent to kill or injure or in any manner attempt to take or injure, any anatidae commonly known as swans, geese, brant and river and sea ducks; rallidae, commonly known as rails, gallinules, coots and mud hens; limicolae, commonly known as shore birds, surf snipe or bay snipe, among them being yellowlegs plovers, willets, sandpipers, dowitchers or robin snipe, brown backs, curlews, turnstones or calico backs, godwits or marlin, tittlers and woodcocks; gallinae, commonly known as wild turkey, grouse, prairie chickens, pheasants, partridge and quails; or any hare commonly known as rabbit; gray, black or fox squirrels; or any other game bird or game animal, except in the manner prescribed by the provisions of the State Fish and Game Code, or, in the absence of such provision in said code, except in the manner usually known as hunting with a gun, the gun being not larger than ten gauge and held at arm's length and fired from the shoulder without rest, or by the use of long bow and arrow [, provided, however, it] .

The provisions of this section shall not prohibit a person from carrying a handgun if that person has obtained a permit to carry a handgun issued pursuant to N.J.S.2C:58-4 or is otherwise authorized to carry a handgun at all times in this State pursuant to N.J.S.2C:39-6, provided that the person does not use the handgun to kill, destroy, or injure, pursue with intent to kill or injure, or in any manner attempt to take or injure any game bird or game animal protected under this section.

It shall be unlawful for any person while hunting any wild bird or animal to have both a firearm and a bow and arrow in [his] the person’s possession or under [his] the person’s control in the woods or fields or on the water, [under] except for a handgun which that person is authorized to carry in accordance with a permit to carry issued pursuant to N.J.S.2C:58-4 or which that person is otherwise authorized to carry at all times in this State pursuant to N.J.S.2C:39-6. A person who has obtained a permit to carry a handgun issued pursuant to N.J.S.2C:58-4 and carries a handgun pursuant to this section shall maintain the permit on their person in accordance with section 6 of P.L.2022, c.131 (C.2C:58-4.5).

A person who violates the provisions of this section shall be subject to a penalty of [$20.00] $100 for each offense.

(cf: P.L.1971, c.252, s.1)

3. R.S.23:4-13 is amended to read as follows:

23:4-13 [No] A person shall not use in hunting any fowl or animals of any kind any firearm except as permitted by the provisions of the State Fish and Game Code, or, in the absence of such provision in said code, except a shotgun being not larger than ten gauge, and capable of holding not more than two cartridges at one time, or that may be fired more than twice without reloading, or use a silencer on any firearm when hunting for game or fowl, under a penalty of [twenty dollars ($20.00)] $100 for each offense [; provided, however, that the] .

The provisions of this section shall not prohibit a person engaged in hunting from carrying a handgun which that person is authorized to carry in accordance with a permit to carry a handgun issued pursuant to N.J.S.2C:58-4 or which that person is otherwise authorized to carry at all times in this State pursuant to N.J.S.2C:39-6, provided that the person does not use the handgun to hunt any fowl or animals except as permitted by the provisions of the State Fish and Game Code. A person who has obtained a permit to carry a handgun issued pursuant to N.J.S.2C:58-4 and carries a handgun pursuant to this section shall maintain the permit on their person in accordance with section 6 of P.L.2022, c.131 (C.2C:58-4.5).

The division in its discretion may issue permits for the use of a rifle for shooting woodchucks only. [No] A person shall not have any missile larger than as permitted by the provisions of the State Fish and Game Code, or, in the absence of such provision in said code, larger than number four shot in possession in the woods or fields at any time other than during the open season for killing deer, under a penalty of [one hundred dollars ($100.00)] $100 for each offense.

(cf: P.L.1948, c.448, s.49)

4. This act shall take effect immediately.

STATEMENT

This bill allows persons who obtain a permit to carry a handgun to possess the handgun while hunting. In addition, persons authorized to carry a handgun at all times in this State as part of their profession, such as law enforcement officers, also would be permitted to carry a handgun while hunting. Under the bill, a person carrying the handgun in accordance with current law would be prohibited from hunting with the handgun.

Under current law, a person engaged in hunting is generally prohibited from carrying a firearm of a smaller caliber than 10 gauge, which includes handguns. However, P.L.2022, c.131 was recently enacted to remove from current law the justifiable need standard, which was the standard an individual was required to meet to hold a permit to carry a handgun in this State, in accordance with a recent decision of the United States Supreme Court in New York State Rifle & Pistol Association v. Bruen. As a result, a person may obtain a permit to carry a handgun without being required to demonstrate an urgent necessity for self-protection.

This bill allows a person who is authorized to carry a handgun at all times in this State to possess that handgun while hunting, provided the handgun is not used for the purpose of hunting. In addition, the bill revises current law to provide that a person engaged in hunting for wild deer is only to use or carry a firearm as prescribed by the State Fish and Game Code while engaged in hunting for deer during the open season. The bill also removes from current law a restriction prohibiting bow hunting with a bow drawn, held or released by mechanical means. Finally, the bill increases from $20 to $100 the fine for unlawfully hunting certain game animals and unlawfully hunting with a firearm with certain characteristics.