§11161. Noise suppression devices

1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Hunting crime" means any criminal offense under this chapter or any criminal offense under any other provision of this Part involving the use of a firearm.   [PL 2015, c. 262, §1 (NEW).]

B. "Serious hunting violation" means any act by a person for which the person's hunting license is subject to revocation under this section or section 10902, subsection 4, 5, 6, 7 or 7-A.   [PL 2015, c. 262, §1 (NEW).]

C. "Noise suppression device" means a device used to suppress or deaden the sound or natural report of a firearm.   [PL 2015, c. 262, §1 (NEW).]

[PL 2015, c. 262, §1 (NEW).]

2.  Permit.  In accordance with this subsection, the commissioner may issue a permit to a person allowing that person to use a noise suppression device with a firearm when hunting any wild animals or wild birds the person is licensed to hunt under this chapter and for which use of the firearm is allowed or for the purpose of killing a wild animal or wild turkey under section 12401 or 12402.

A. A person applying for a permit:

(1) Shall show proof of lawful possession of the noise suppression device; and

(2) May not have had a hunting license revoked as a result of a serious hunting violation.   [PL 2015, c. 262, §1 (NEW).]

B. A permit is valid unless revoked under this section.   [PL 2017, c. 366, §1 (AMD).]

[PL 2017, c. 366, §1 (AMD).]

3.  Violation; aggravating factor.  Except as provided in subsection 4, a person who commits a hunting crime while in possession of a firearm with a noise suppression device is subject to the following penalties in addition to any penalties otherwise applicable:

A. A $1,000 mandatory fine; and   [PL 2015, c. 262, §1 (NEW).]

B. Mandatory revocation of the person's hunting license, and that person is ineligible to obtain a hunting license for a period of 5 years from the date of conviction.   [PL 2015, c. 262, §1 (NEW).]

[PL 2015, c. 262, §1 (NEW).]

4.  Serious hunting violation; permanent loss of license.  A person who commits a serious hunting violation while in possession of a firearm with a noise suppression device is subject to the following provisions in addition to any penalties otherwise applicable:

A. Notwithstanding section 10902, the commissioner shall permanently revoke the person's current hunting license and the privilege to obtain a hunting license; and   [PL 2015, c. 262, §1 (NEW).]

B. Notwithstanding any exemption under section 10502, the firearm and noise suppression device must be seized and, subject to libel proceedings, disposed of pursuant to section 10503.   [PL 2015, c. 262, §1 (NEW).]

[PL 2015, c. 262, §1 (NEW).]

5.  Revocation of permit.  The commissioner shall permanently revoke a permit issued under this section to a person whose hunting license is revoked as a result of a serious hunting violation.

[PL 2015, c. 262, §1 (NEW).]

§11161. Eligibility for crossbow hunting permit (As enacted by PL 2015, c. 281, Pt. E, §11 is REALLOCATED TO TITLE 12, SECTION 11162)

SECTION HISTORY

RR 2015, c. 1, §8 (RAL). PL 2015, c. 262, §1 (NEW). PL 2015, c. 281, Pt. E, §11 (NEW). PL 2017, c. 366, §1 (AMD).