Beaufort road-side hunting bill progresses | Eastern North Carolina Now

    Publisher's Note: This article originally appeared in the Beaufort Observer.

    House Bill 408 is working its way through the General Assembly. That's the bill that was introduced at the request of the Beaufort County Board of Commissioners to ban road-side hunting in the county. The bill was in response to a number of citizens who have appeared before the board in recent months asking that "something be done about the dangers presented by road-side hunting." A public hearing was held on the issue and about a hundred people showed up with half the speakers favoring the practice and about half opposing it.

    The commissioners moved forward, adopting a resolution to ban hunting or taking game from the public right-of-way of roads in the county. However, when it was introduced by Rep. Michael Speciale the wording was changed to prohibit the "discharge of a firearm or bow and arrow, from, on, across or over the roadway or right-of-way" as opposed to "...hunting or taking, or attempting to take, game."

    The problem with the new language would, among other things, create confusion about whether a person could use a weapon in self-defense if necessary. And inquiry to Rep. Speciale resulted in his explaining that the bill would not prohibit self-defense. He told the Observer that he might seek to clarify that when it came up in committee.

    The bill was heard in House Judiciary Subcommittee B on April 17 and according to Hazel Speciale, Rep. Michael Speciale, the committee gave the bill a favorable report, meaning it will now go to the House floor for a second and third reading. It must then be passed by the Senate. According to Mrs. Speciale there were no changes made to the bill by the committee. It has not, as of the Compass deadline, been schedule for floor action.

    As local legislation, the bill would result in Beaufort joining a majority of other counties in the state who also ban roadside hunting.

    There is some confusion about what areas are actually covered by the bill. The correct answer, as it now stands, is the public right-of-way. It is sometimes difficult to determine precisely where the public right-of-way is on every road, but in general it is between the outside of the ditches. Often power poles are placed at the edge of the right of way. Another way to approximately locate the public right of way is to see where the state cuts the grass. That's not exact, but if a hunter is on the cut portion then it is likely he would be violating this statute.

    Local bills normally pass the Legislature. The unofficial rule is that if a local governing body requests the Legislative Delegation to introduce a bill they will do so. And it is rare that they would change the wording as was done in this case. If the entire delegation favors or does not object to a local bill then most of the other members of the House or Senate will vote for it, given the fact that they would expect the same courtesy if they introduced a local bill. Sometimes it is not that simple, particularly if the objecting party is a member of the majority party and especially if the person is in a powerful leadership position. But in that case the bill is usually tied up in committee and never gets a hearing, much less a vote.

    Unless changed, the restriction would take effect October 2013.