HB 386 — Sunny Point Rail Right-Of-Way Firearm Discharge Ban.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 21 HOUSE BILL 386 Committee Substitute Favorable 4/27/21 Short Title:

Sunny Point RailRailroad ROWRestrictions. Firearm Discharge Ban.

Representatives Miller and Iler (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Transportation, if favorable, Rules, Calendar, and Operations of the House March 25, 2021 A BILL TO BE ENTITLED AN ACT TO BANEXPAND THE DISCHARGEBAN ORON ATTEMPTRIGHT-OF-WAY TOHUNTING DISCHARGEIN FIREARMSBRUNSWICK FROM,COUNTY ON,TO ACROSS,INCLUDE OR OVER THE RIGHT-OF-WAY ALONG THE RAILROAD SERVING THE MILITARY OCEAN TERMINAL AT SUNNY POINTPOINT. IN BRUNSWICK COUNTY.

ItChapter is840 unlawful to discharge a firearm, or to attempt to discharge a firearm, from, on, across, or over the right-of-way of the United1985 StatesSession DepartmentLaws ofreads Defenseas Strategicrewritten: Rail Corridor Network connecting the Leland rail interchange yard with the Military Ocean Terminal at Sunny Point.

SECTION"Section 2.1.

ViolationIt ofis theunlawful provisionsfor ofany thisperson actto ishunt punishableany asanimal aor Classbird 3from misdemeanor.or across the right-of-way of any of the following:

SECTION(1) 3.A public road unless the person is the owner or lessee of or has the permission of the owner or lessee of the land abutting the right-of-way from which he is hunting.

This(2) actThe isUnited enforceableStates byDepartment lawof enforcementDefense officersrailroad ofconnecting the WildlifeLeland Resourcesrail Commission,yard byinterchange sheriffswith and deputy sheriffs, by sworn civilian police officers for the Military Ocean Terminal at Sunny Point,Point. and by other peace officers with general subject matter jurisdiction.

SECTIONIt 4.is also unlawful to discharge a firearm from or across the right-of-wayof the railroad described in this subdivision, except for a firearm discharged by one of the law enforcement authorities identified in Section 3 of this act pursuant to the law enforcement authority's official duties.

"Sec.

2.

Violation of this act is a misdemeanor punishable for a first conviction by a fine of not less than ten dollars ($10.00) fifty dollars ($50.00) nor more than fifty dollars ($50.00) one hundred dollars ($100.00) or by imprisonment not to exceed 30 days, and punishable for a subsequent conviction within three years by a fine of not less than fifty dollars ($50.00) one hundred fifty dollars ($150.00) nor more than two hundred dollars ($200.00), two hundred fifty dollars ($250.00), by imprisonment not to exceed 90 days, or by both.

"Sec.

3.

This act is enforceable by law enforcement officers of the Wildlife Resources Commission, bysheriffs and deputysheriffs, byofficers of the State Highway Patrol, byAlcohol Law Enforcement Agents, by local ABC officers, by sworn civilian police officers for the Military Ocean Terminal at Sunny Point, and by other peace officers with general subject matter jurisdiction.

…." SECTION 2.

SECTION 5.3.

*H386-v-2**H386-v-1*