Laws

1. Laws Learning Objectives Overview of Federal and state firearm and gun laws Specific knowledge on hunting rules

2. Why do we have game laws: • To ensure a fair share of game for everyone. • To protect the game. • To ensure the safety and welfare of people and property.

3. Federal Laws Federal Firearm Statutes Gun Control Act 1968 (several major points of the law) Age: You cannot purchase a firearm or ammunition under the age of 18, nor handguns or handgun ammunition under the age of 21. The following persons cannot send, sell, buy, or get firearms or ammunition under any circumstances:

4. A fugitive from justice. • An unlawful user of marijuana or narcotics. • Anyone who has been adjudicated a mental deficient or committed to a mental institution. • Any person who is a convicted felon. • Any person who has been discharged from the armed services under dishonorable conditions.

5. Anyone having their citizenship revoked or having renounced their citizenship. • An alien illegally or unlawfully in the United States. • Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner. • Any person who has been convicted in any court of a misdemeanor crime of domestic violence.

6. Florida Laws and Regulations on Firearms and the Taking of Wildlife: Definitions: • The term gun means a shotgun, rifle, pistol, revolver, air gun, gas gun, blowgun, or any device mechanically propelling an arrow, spear, or other projectile. Crossbow or bow and arrow shall be included in the meaning of the term gun. (FAC 68A-1.004) • The term firearm means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive. (FS 790.001(6)

7. The term muzzleloading gun means a firearm using black powder as the propellant or a nonnitrocellulose substitute and fired by wheellock, flintlock, or percussion cap ignition and which is not adaptable to the use of any self contained cartridge ammunition. (FAC 68A-1.004)

8. Prohibited Shooting: • (FS 790.11): Carrying firearms in national forests is prohibited. Except during the hunting season as established by law, no person shall carry on or about his person, or any vehicle in which such a person may be riding, or on any animal which such a person may be using within the limits of the national forest area within the State, any gun or firearm of any description whatever.

9. (FS 790.15): Any person who discharges firearms in any public place or on any paved public road, highway or street, or whosoever knowingly discharges any firearms over any paved public road, highway or street or occupied premises, shall be guilty of a misdemeanor.

10. Voluntary authorized hunter identification program: • Under this program, landowners wanting to participate notify the local Sheriff's Office and the FWC, and provide written authorization to hunters who may utilize their property. Anyone found on property enrolled in this program without written authorization from the landowner may be charged with trespass. Additionally, this law expands criminal trespass to include the propelling of potentially lethal projectiles over or across private property without authorization. This is intended to protect wildlife and livestock on private property.

11. FWC Rule 68A-4.008 Taking Wildlife on Roads and Rights-of-Way Prohibited: • It is unlawful to take or attempt to take wildlife on, upon, or from the right-of-way of any federal, state, or county- maintained road - whether paved or otherwise. Taking or attempting to take wildlife under these conditions is prohibited by law (except for the collection of amphibians or reptiles without the use of a gun).

12. Miscellaneous: • (FS 810.09): Trespass on property other than a structure or conveyance. Whoever, without being authorized, licensed, or invited, willfully enters upon or remains on any property... to which notice against entering or remaining is given either by actual communication to the offender or by posting, fencing, or cultivation ... commits the offense of trespass on property other than a structure or conveyance. This trespass is a misdemeanor. If the offender is armed with a firearm or gun during the commission of this offense, he/she is guilty of a felony.

13. Any person who in taking or attempting to take, kill, or endanger any animal, and knowingly propels or causes to be propelled any potentially lethal projectile over or across private land without authorization, commits trespass, which is a felony. For purposes of this paragraph, the term" potentially lethal projectile” includes any projectile launched from any firearm, bow, crossbow, or similar tensile device. This section shall not apply to any governmental agent or employee acting within the scope of his or her official duties.

14. (FS 403.413) Florida Litter Law: It shall be unlawful for any person to throw, discard, place, or deposit litter in any manner or amount whatsoever in or on any Public highway, road, street, alley, thoroughfare, or any other public lands, except in containers or areas lawfully provided there­fore. It shall be unlawful for any person to throw, discard, place, or deposit any garbage, cans, bottles, or containers, in or on any fresh water lakes, rivers, streams, or tidal or coastal waters of the state. In addition, it shall be unlawful for any person to throw, discard, place, or deposit litter in any manner or amount whatsoever on any private property, unless prior consent of the owner has been given. This statute carries the punishment of a misdemeanor.

15. (Florida Statute 790.17): Whoever sells or gives any minor under eighteen years of age any pistol or firearm, (other than an ordinary pocket knife), without permission of the parent of such minor shall be guilty of a misdemeanor.

16. (Florida Statute 790 22): (1) The use for any purpose whatsoever of BB guns, air or gas operated guns or a firearm (as defined by this act), by any child under the age of sixteen years is prohibited unless such use is under the supervision and in the presence of an adult - regardless of the child’s experience or knowledge of safe gunhandling techniques. (2) Any adult responsible for a child who knowingly permits such child to use or have a firearm as described herein shall be guilty of a misdemeanor.

17. (Florida Statute 372.99): The displaying or use of a light in a place where deer might be found, and in a manner capable of disclosing the presence of deer, together with the possession of firearms or other weapons customarily used for the taking of deer between one (1) hour after sunset and one (1) hour before sunrise, shall be prima facie evidence of an intent to violate the provisions of this sub-section one which carries the punishment of a misdemeanor.

18. Additional Information: Additional wildlife laws and rules in the hunting handbook will be discussed at this point. It is important that you have a basic understanding of what is expected of you while hunting in Florida, and where to find the information that follows:

19. Resident game birds and migratory game birds – US Fish & Wildlife Service Jurisdiction. • Daily bag limit and possession limit defined. • Florida’s three management zones. • Hunting license, stamps and permits: a. When are they required b. Exemptions

20. Hunter Safety requirements. • Legal methods for taking game: a. Native species b. Upland game birds c. Migratory game birds and three shell law • Prohibited methods – center fire, semi- automatic rifle magazine capacity. • Wild hogs as legal game.

21. Shooting hours: a. Native species b Upland game birds c. Game birds • Hunter Orange requirement. • Dogs: a Hunting dogs b. Bird dogs c. Deer dogs d. Chasing fox

22. Hunting over bait – Established and maintained feeder • Sex evidence of turkey and deer. • Regular quota hunt permits and exemptions. • Special quota hunt permits and exemptions. • What is a “legal deer”?

23. Furbearers: a. Define b. License requirement c. Use of Steel leg hold traps • Wildlife Alert program. • Tagging and transporting of game.

24. What firearms you may hunt with during the General Gun Season in Florida. • Regional-specific areas of concern. • Any questions that pertain to this class of instruction. I will be available during the break to answer any other questions.