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Thread: fishing

  1. #1
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    i was fishing last night at High RockDam and notice a ranger walking towards me and i was OC he ask for my fishing license and then ask me do i know that possessing loaded firearms is unlawful in a public fishing area? but he did say he don't see why there is a problem for me not carrying at night and he understand that i want to be safe. well it was getting late on a weekday so i called it a night with two 8 lbs. blue catfish

    so i went home later and look up the N. C. WILDLIFE RESOURCES COMMISSION web site and it states http://www.wildlife.state.nc.us/pg02_Regs/pg2b5.pdf

    FISHING ACCESS AREA REGULATIONS
    It is unlawful to:
    Use any public fishing area for purposes other than fishing,
    except where facilities are provided and approved uses are
    posted. All other uses—including swimming, sunbathing on
    piers or decks, possessing loaded firearms, launching or
    mooring jet skis or boats, skiing, building fires, operating
    concessions or other activities not directly associated with
    fishing—are prohibited.

    but on http://www.ncga.state.nc.us/enactedl...rticle_35.html

    says it ok to carry on state hunting or fishing land

    § 14-269.4. Weapons on State property and in courthouses.

    It shall be unlawful for any person to possess, or carry, whether openly or concealed, any deadly weapon, not used solely for instructional or officially sanctioned ceremonial purposes in the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings, and in any building housing any court of the General Court of Justice. If a court is housed in a building containing nonpublic uses in addition to the court, then this prohibition shall apply only to that portion of the building used for court purposes while the building is being used for court purposes.

    This section shall not apply to:

    (1) Repealed by S.L. 1997-238, s. 3, effective June 27, 1997,

    (1a) A person exempted by the provisions of G.S. 14-0269(b),

    (2) through (4) Repealed by S.L. 1997-238, s. 3, effective June 27, 1997,

    (4a) Any person in a building housing a court of the General Court of Justice in possession of a weapon for evidentiary purposes, to deliver it to a law-enforcement agency, or for purposes of registration,

    (4b) Any district court judge or superior court judge who carries or possesses a concealed handgun in a building housing a court of the General Court of Justice if the judge is in the building to discharge his or her official duties and the judge has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14-415.24,

    (4c) Firearms in a courthouse, carried by detention officers employed by and authorized by the sheriff to carry firearms,

    (5) State-owned rest areas, rest stops along the highways, and State-owned hunting and fishing reservations.

    Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. (1981, c. 646; 1987, c. 820, s. 1; 1993, c. 539, s. 166; 1994, Ex. Sess., c. 24, s. 14(c); 1997-238, s. 3; 2007-412, s. 1; 2007-474,

    any inputs??

  2. #2
    Regular Member Decoligny's Avatar
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    ugly wrote:
    i was fishing last night at High RockDam and notice a ranger walking towards me and i was OC he ask for my fishing license and then ask me do i know that possessing loaded firearms is unlawful in a public fishing area? but he did say he don't see why there is a problem for me not carrying at night and he understand that i want to be safe. well it was getting late on a weekday so i called it a night with two 8 lbs. blue catfish

    so i went home later and look up the N. C. WILDLIFE RESOURCES COMMISSION web site and it states http://www.wildlife.state.nc.us/pg02_Regs/pg2b5.pdf

    FISHING ACCESS AREA REGULATIONS
    It is unlawful to:
    Use any public fishing area for purposes other than fishing,
    except where facilities are provided and approved uses are
    posted. All other uses—including swimming, sunbathing on
    piers or decks, possessing loaded firearms, launching or
    mooring jet skis or boats, skiing, building fires, operating
    concessions or other activities not directly associated with
    fishing—are prohibited.

    but on http://www.ncga.state.nc.us/enactedl...rticle_35.html

    says it ok to carry on state hunting or fishing land

    § 14-269.4. Weapons on State property and in courthouses.

    It shall be unlawful for any person to possess, or carry, whether openly or concealed, any deadly weapon, not used solely for instructional or officially sanctioned ceremonial purposes in the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings, and in any building housing any court of the General Court of Justice. If a court is housed in a building containing nonpublic uses in addition to the court, then this prohibition shall apply only to that portion of the building used for court purposes while the building is being used for court purposes.

    This section shall not apply to:

    (1) Repealed by S.L. 1997-238, s. 3, effective June 27, 1997,

    (1a) A person exempted by the provisions of G.S. 14-0269(b),

    (2) through (4) Repealed by S.L. 1997-238, s. 3, effective June 27, 1997,

    (4a) Any person in a building housing a court of the General Court of Justice in possession of a weapon for evidentiary purposes, to deliver it to a law-enforcement agency, or for purposes of registration,

    (4b) Any district court judge or superior court judge who carries or possesses a concealed handgun in a building housing a court of the General Court of Justice if the judge is in the building to discharge his or her official duties and the judge has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14-415.24,

    (4c) Firearms in a courthouse, carried by detention officers employed by and authorized by the sheriff to carry firearms,

    (5) State-owned rest areas, rest stops along the highways, and State-owned hunting and fishing reservations.

    Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. (1981, c. 646; 1987, c. 820, s. 1; 1993, c. 539, s. 166; 1994, Ex. Sess., c. 24, s. 14(c); 1997-238, s. 3; 2007-412, s. 1; 2007-474,

    any inputs??
    It might be worthwhile to find out who the Ranger was that was on duty that night and send him a letter. Thank him for being dilligent in his duties, but inform him that he was in error about the legallity of having a firearm while fishing. Enclose a copy of the applicable Code and highlight exemption number (5).



    "Be nice, until it's time to not be nice" - Jack Dalton


  3. #3
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    yeah i'm gonna print a copy and bring it with me next time i go fishing just in case i need it.

  4. #4
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    Was it a NC Wildlife Game Land? There are rules on the possession of weapons on game lands outside of certain hunting seasons. It's interesting to note that National Forests in NC are considered Game Lands.

    See http://www.ncwildlife.org/pg02_Regs/..._Gamelands.pdf
    Weapons
    It is unlawful to discharge any weapon:
    - from a vehicle,
    - within 150 yards of any residence located on or adjacent to game lands,
    - within 150 yards of any game lands building or game lands camping area (unless otherwise posted).
    The 150-yard provision of this rule does not apply to the use of archery equipment on Butner-Falls of Neuse and Jordan game lands.

    It is unlawful to possess a rifle or pistol larger than .22 rimfire or a shotgun shell with larger than no. 4 shot during closed gun seasons on big game—except any size steel or other nontoxic shot may be used while waterfowl or coyote hunting.

    During turkey season, it is unlawful to possess a rifle on game lands, but bow-and-arrow may be used.

    During closed seasons and closed hunting days on game birds (waterfowl, doves, wood cock, snipe, rails, gallinules, moorhens, coots, grouse, pheasant, quail, turkey) and game animals (deer, bear, fox, rabbits, squirrels,boar, bobcats, opossum, raccoon), it is unlawful to possess any firearm or bow and arrow readily avail able for use. During that time in which fox season is the only open season for a game animal, it is also unlawful to possess these weapons.
    The following exceptions, however, should be noted:
    - Possession is allowed on field-trial and designated target shoot ing areas and in camping areas for defense of person or property.
    - 22-caliber pistols with barrels, not greater than 7.5 inches in length and shooting only short, long or long rifle ammunition, may be carried as side arms on game lands at any time, except by hunters during the special bow-and-arrow and muzzle loading firearms deer hunting season.
    - Individuals training dogs during closed season without fieldtrial authorization are prohibited from carrying any weapon.
    - A bow and fishing arrows may be possessed when used as a licensed special fishing device in those waters, where such use is authorized

  5. #5
    Regular Member Decoligny's Avatar
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    Quack wrote:
    Was it a NC Wildlife Game Land? There are rules on the possession of weapons on game lands outside of certain hunting seasons. It's interesting to note that National Forests in NC are considered Game Lands.

    See http://www.ncwildlife.org/pg02_Regs/..._Gamelands.pdf
    Weapons
    It is unlawful to discharge any weapon:
    - from a vehicle,
    - within 150 yards of any residence located on or adjacent to game lands,
    - within 150 yards of any game lands building or game lands camping area (unless otherwise posted).
    The 150-yard provision of this rule does not apply to the use of archery equipment on Butner-Falls of Neuse and Jordan game lands.

    It is unlawful to possess a rifle or pistol larger than .22 rimfire or a shotgun shell with larger than no. 4 shot during closed gun seasons on big game—except any size steel or other nontoxic shot may be used while waterfowl or coyote hunting.

    During turkey season, it is unlawful to possess a rifle on game lands, but bow-and-arrow may be used.

    During closed seasons and closed hunting days on game birds (waterfowl, doves, wood cock, snipe, rails, gallinules, moorhens, coots, grouse, pheasant, quail, turkey) and game animals (deer, bear, fox, rabbits, squirrels,boar, bobcats, opossum, raccoon), it is unlawful to possess any firearm or bow and arrow readily avail able for use. During that time in which fox season is the only open season for a game animal, it is also unlawful to possess these weapons.
    The following exceptions, however, should be noted:
    - Possession is allowed on field-trial and designated target shoot ing areas and in camping areas for defense of person or property.
    - 22-caliber pistols with barrels, not greater than 7.5 inches in length and shooting only short, long or long rifle ammunition, may be carried as side arms on game lands at any time, except by hunters during the special bow-and-arrow and muzzle loading firearms deer hunting season.
    - Individuals training dogs during closed season without fieldtrial authorization are prohibited from carrying any weapon.
    - A bow and fishing arrows may be possessed when used as a licensed special fishing device in those waters, where such use is authorized
    As I see it this look like it applies only to while hunting. As the entire section is listed under "HUNTING RESTRICTIONS"

    If you are not ingaged in hunting do hunting restrictions apply?

    California Fish and Game Rules have something similar, but are much clearer as they end the restrictions with "....while hunting."

  6. #6
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    Interesting and glad I didn't have to start a new thread. I do a lot of fishing and will have to ask one of the Wildlife Officers about this next time I meet one.

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