This bill allows persons who are not otherwise prohibited by law from possessing a handgun to carry a handgun while hunting under certain circumstances, rather than only persons with a handgun carry permit, as described below.
Present law authorizes foxes to be chased with dogs the entire year, except during such periods as may be fixed by the fish and wildlife commission for the protection of the species. Under present law, fox hounds, rabbit dogs, and bird dogs may be trained the entire year, except during such periods as may be fixed by the commission for the protection of the species, but any person accompanying the dogs or training them is prohibited from possessing any firearm, bow and arrow, or any other such device, except during the regular open season.
This bill adds an exception to the above prohibition that authorizes a person who is not otherwise prohibited by law from possessing a handgun to carry a handgun so long as the handgun is not used for the taking of game.
Present law prohibits a person chasing coons with dogs from using or carrying any firearms, axes or climbing instruments except during such open season as may be proclaimed by law. This bill adds an exception to this prohibition that authorizes a person who is not otherwise prohibited by law from possessing a handgun to carry a handgun so long as the handgun is not used for the taking of game.
Present law requires, in Morgan County and in counties that are located entirely east of U. S. Highway 27, the fish and wildlife commission to establish a minimum training season of at least six months each year, within which period coon dogs may be trained. Present law prohibits such coon dog training season from commencing earlier than June 1 of each year. Present law does not require such six-month period to be consecutive. Within such training season, present law prohibits a person chasing coons with dogs from using or carrying any firearms, axes or climbing instruments except during such open season as may be proclaimed pursuant to this law. Present law prohibits a coon from being killed or taken except during such open season, and from being shot at any time in the year either from a boat or any type of motor vehicle. Present law requires the fish and wildlife commission to establish a minimum coon hunting season of at least six weeks each year, which season must not commence sooner than November 1 of each year. Such six-week period is not required to be consecutive. Present law authorizes the commission to extend both the training season or hunting season, or both, to such additional periods of time as it deems justified based on the coon population in the area involved in any section or sections of the state.
As an exception to the prohibition contained in the fourth sentence of the immediately preceding paragraph, this bill authorizes a person who is not otherwise prohibited by law from possessing a handgun to carry a handgun so long as the handgun is not used for the taking of game.
Under present law, it is generally a criminal offense for any person to be in possession of any firearm, bow and arrow, shotgun or rifle in, on, or while traversing any refuge, public hunting area or wildlife management area frequented or inhabited by big game, except during specified or lawful open seasons on these areas. It is an exception to the general prohibition for a person with a handgun carry permit to possess a handgun while on the premises of any refuge, public hunting area, wildlife management area or, to the extent permitted by federal law, national forest land maintained by the state; but present law specifies that this exception does not authorize a person to use a handgun to hunt unless the person is in full compliance with all wildlife laws, rules and regulations.
This bill alters the above provision by replacing "with a handgun carry permit to possess a handgun" with "not otherwise prohibited by law from possessing a handgun to carry a handgun", which will authorize a person with a concealed handgun carry permit, a person exercising "constitutional carry", or a person otherwise authorized by law to carry a handgun to carry a handgun on the premises of any refuge, public hunting area, wildlife management area or, to the extent permitted by federal law, national forest land maintained by the state.
Present law further specifies that the hunting laws do not authorize a handgun carry permit holder to possess such weapon in the portion of any refuge, public hunting area or wildlife management area that is within the boundaries of a state park or state natural area unless otherwise authorized in accordance with state law. This bill alters this provision by replacing "with a handgun carry permit" with "not otherwise prohibited by law from possessing a handgun", which will clarify that a person with a concealed handgun carry permit, a person exercising "constitutional carry", or a person otherwise authorized by law to carry a handgun is not authorized to carry a handgun in the portion of any refuge, public hunting area or wildlife management area that is within the boundaries of a state park or state natural area unless otherwise authorized to carry under state law.
Under present law, it is unlawful for any person hunting big game with a bow and arrow to be in possession of any firearms or be accompanied in hunting by any person possessing firearms during the archery-only deer season; however, a person with an enhanced handgun carry permit is authorized to carry a handgun. This bill makes changes similar to those described above to authorize a person with a concealed handgun carry permit, a person exercising "constitutional carry", or a person otherwise authorized by law to carry a handgun to do so while hunting big game with a bow and arrow or while accompanying a bow hunter during the archery-only deer season.
ON MARCH 23, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASED SENATE BILL 494, AS AMENDED.
AMENDMENT #1 revises present law provisions relative to hunting and chasing coons and coon dog training by changing "coon" to "racoon".

Statutes affected:
Introduced: 70-4-103(b), 70-4-103, 70-4-112(a)(1), 70-4-112, 70-4-112(a)(2)(A), 70-4-117(d), 70-4-117, 70-4-117(e), 70-4-123
Amended with SA0158 -- 03/23/2023: 70-4-103(b), 70-4-103, 70-4-112(a)(1), 70-4-112, 70-4-112(a)(2)(A), 70-4-117(d), 70-4-117, 70-4-117(e), 70-4-123, 70-4-122