LawsLaws

Learning ObjectivesLearning Objectives

Overview of Federal and state firearmOverview of Federal and state firearm and gun lawsand gun laws Specific knowledge on hunting rulesSpecific knowledge on hunting rules

Why do we have game laws:Why do we have game laws:

To ensure a fair share of game for everyone. To ensure a fair share of game for everyone.

To protect the game.To protect the game.

To ensure the safety and welfare of people and To ensure the safety and welfare of people and

property.property.

Federal LawsFederal Laws

Federal Firearm Statutes Gun Control Act 1968 (several major Federal Firearm Statutes Gun Control Act 1968 (several major points of the law) points of the law)

Age: You cannot purchase a firearm or ammunition under Age: You cannot purchase a firearm or ammunition under the age the age of 18, nor handguns or handgun ammunition of 18, nor handguns or handgun ammunition under the age of 21. under the age of 21.

The following persons cannot send, sell, buy, or get firearms or The following persons cannot send, sell, buy, or get firearms or ammunition under any circumstances:ammunition under any circumstances:

A fugitive from justiceA fugitive from justice.. An unlawful user of marijuana or narcoticsAn unlawful user of marijuana or narcotics.. Anyone who has been adjudicated a mental deficient or Anyone who has been adjudicated a mental deficient or

committed to a mental institution.committed to a mental institution. Any person who is a convicted felonAny person who is a convicted felon.. Any person who has been discharged from the armed Any person who has been discharged from the armed

services under dishonorable conditions.services under dishonorable conditions.

Anyone having their citizenship revoked or having Anyone having their citizenship revoked or having renounced their citizenship.renounced their citizenship.

An alien illegally or unlawfully in the United States.An alien illegally or unlawfully in the United States.

Persons subject to a court order that restrains such Persons subject to a court order that restrains such

persons from harassing, stalking, or threatening an persons from harassing, stalking, or threatening an intimate partner.intimate partner.

Any person who has been convicted in any court of a Any person who has been convicted in any court of a misdemeanor crime of domestic violence.misdemeanor crime of domestic violence.

Florida Laws and Regulations on Firearms and the Taking Florida Laws and Regulations on Firearms and the Taking of Wildlifeof Wildlife::

Definitions:Definitions:

The term gun means a shotgun, rifle, pistol, revolver, air The term gun means a shotgun, rifle, pistol, revolver, air gun, gas gun, blowgun, or any device mechanically gun, gas gun, blowgun, or any device mechanically propelling an arrow, spear, or other projectile. Crossbow or propelling an arrow, spear, or other projectile. Crossbow or bow and arrow shall be included in the meaning of the term bow and arrow shall be included in the meaning of the term gun. (FAC 68A-1.004)gun. (FAC 68A-1.004)

The term firearm means any weapon, including a starter gun, The term firearm means any weapon, including a starter gun, which will or is designed to or may readily be converted to which will or is designed to or may readily be converted to expel a expel a projectileprojectile by the action of an explosive. (FS by the action of an explosive. (FS 790.001(6)790.001(6)

The term muzzleloading gun means a firearm The term muzzleloading gun means a firearm using black powder as the propellant or a using black powder as the propellant or a nonnitrocellulose substitute and fired by nonnitrocellulose substitute and fired by wheellock, flintlock, or percussion cap wheellock, flintlock, or percussion cap ignition and which is not adaptable to the use ignition and which is not adaptable to the use of any self contained cartridge ammunition. of any self contained cartridge ammunition. (FAC 68A-1.004)(FAC 68A-1.004)

Prohibited Shooting:Prohibited Shooting: (FS 790.11): Carrying firearms in national (FS 790.11): Carrying firearms in national

forests is prohibited. Except during the forests is prohibited. Except during the hunting season as established by law, no hunting season as established by law, no person shall carry on or about his person, or person shall carry on or about his person, or any vehicle in which such a person may be any vehicle in which such a person may be riding, or on any animal which such a person riding, or on any animal which such a person may be using within the limits of the national may be using within the limits of the national forest area within the State, any gun or firearm forest area within the State, any gun or firearm of any description whatever. of any description whatever.

(FS 790.15): Any person who discharges (FS 790.15): Any person who discharges firearms in any public place or on any paved firearms in any public place or on any paved public road, highway or street, or whosoever public road, highway or street, or whosoever knowingly discharges any firearms over any knowingly discharges any firearms over any paved public road, highway or street or paved public road, highway or street or occupied premises, shall be guilty of a occupied premises, shall be guilty of a misdemeanor.misdemeanor.

Voluntary authorized hunter identification program:Voluntary authorized hunter identification program: Under this program, landowners wanting to Under this program, landowners wanting to

participate notify the local Sheriff's Office and the participate notify the local Sheriff's Office and the FWC, and provide written authorization to hunters FWC, and provide written authorization to hunters who may utilize their property. Anyone found on who may utilize their property. Anyone found on property enrolled in this program without written property enrolled in this program without written authorization from the landowner may be charged authorization from the landowner may be charged with trespass. Additionally, this law expands criminal with trespass. Additionally, this law expands criminal trespass to include the propelling of potentially lethal trespass to include the propelling of potentially lethal projectiles over or across private property without projectiles over or across private property without authorization. This is intended to protect wildlife and authorization. This is intended to protect wildlife and livestock on private property.livestock on private property.

FWC Rule 68A-4.008 Taking Wildlife on FWC Rule 68A-4.008 Taking Wildlife on Roads and Rights-of-Way Prohibited:Roads and Rights-of-Way Prohibited:

It is unlawful to take or attempt to take wildlife It is unlawful to take or attempt to take wildlife

on, upon, or from the right-of-way of any on, upon, or from the right-of-way of any federal, state, or county- maintained road - federal, state, or county- maintained road - whether paved or otherwise. Taking or whether paved or otherwise. Taking or attempting to take wildlife under these attempting to take wildlife under these conditions is prohibited by law (except for the conditions is prohibited by law (except for the collection of amphibians or reptiles without the collection of amphibians or reptiles without the use of a gun).use of a gun).

Miscellaneous:Miscellaneous:

(FS 810.09): Trespass on property other than a (FS 810.09): Trespass on property other than a structure or conveyance. Whoever, without being structure or conveyance. Whoever, without being authorized, licensed, or invited, willfully enters upon authorized, licensed, or invited, willfully enters upon or remains on any property... to which notice against or remains on any property... to which notice against entering or remaining is given either by actual entering or remaining is given either by actual communication to the offender or by posting, fencing, communication to the offender or by posting, fencing, or cultivation ... commits the offense of trespass on or cultivation ... commits the offense of trespass on property other than a structure or conveyance. This property other than a structure or conveyance. This trespass is a misdemeanor. If the offender is armed trespass is a misdemeanor. If the offender is armed with a firearm or gun during the commission of this with a firearm or gun during the commission of this offense, he/she is guilty of a felony.offense, he/she is guilty of a felony.

Any person who in taking or attempting to take, kill, Any person who in taking or attempting to take, kill, or endanger any animal, and knowingly propels or or endanger any animal, and knowingly propels or causes to be propelled any potentially lethal projectile causes to be propelled any potentially lethal projectile over or across private land without authorization, over or across private land without authorization, commits trespass, which is a felony. For purposes of commits trespass, which is a felony. For purposes of this paragraph, the term" potentially lethal projectile” this paragraph, the term" potentially lethal projectile” includes any projectile launched from any firearm, includes any projectile launched from any firearm, bow, crossbow, or similar tensile device. This section bow, crossbow, or similar tensile device. This section shall not apply to any governmental agent or shall not apply to any governmental agent or employee acting within the scope of his or her official employee acting within the scope of his or her official duties. duties.

(FS 403.413) Florida Litter Law: It shall be unlawful for (FS 403.413) Florida Litter Law: It shall be unlawful for any person to throw, discard, place, or deposit litter in any any person to throw, discard, place, or deposit litter in any manner or amount whatsoever in or on any Public manner or amount whatsoever in or on any Public highway, road, street, alley, thoroughfare, or any other highway, road, street, alley, thoroughfare, or any other public lands, except in containers or areas lawfully public lands, except in containers or areas lawfully provided there fore. It shall be unlawful for any person to provided there fore. It shall be unlawful for any person to throw, discard, place, or deposit any garbage, cans, bottles, throw, discard, place, or deposit any garbage, cans, bottles, or containers, in or on any fresh water lakes, rivers, or containers, in or on any fresh water lakes, rivers, streams, or tidal or coastal waters of the state. In addition, streams, or tidal or coastal waters of the state. In addition, it shall be unlawful for any person to throw, discard, place, it shall be unlawful for any person to throw, discard, place, or deposit litter in any manner or amount whatsoever on or deposit litter in any manner or amount whatsoever on any private property, unless prior consent of the owner has any private property, unless prior consent of the owner has been given. This statute carries the punishment of a been given. This statute carries the punishment of a misdemeanor.misdemeanor.

((Florida Statute 790.17): Whoever sells or Florida Statute 790.17): Whoever sells or gives any minor under eighteen years of age gives any minor under eighteen years of age any pistol or firearm, (other than an ordinary any pistol or firearm, (other than an ordinary pocket knife), without permission of the pocket knife), without permission of the parent of such minor shall be guilty of a parent of such minor shall be guilty of a misdemeanor.misdemeanor.

(Florida Statute 790 22): (1) The use for any purpose (Florida Statute 790 22): (1) The use for any purpose whatsoever of BB guns, air or gas operated guns or a whatsoever of BB guns, air or gas operated guns or a firearm (as defined by this act), by any child under the firearm (as defined by this act), by any child under the age of sixteen years is prohibited unless such use is age of sixteen years is prohibited unless such use is under the supervision and in the presence of an adult - under the supervision and in the presence of an adult - regardless of the child’s experience or knowledge of regardless of the child’s experience or knowledge of safe gunsafe gun handling techniques. (2) Any adult handling techniques. (2) Any adult responsible for a child who knowingly permits such responsible for a child who knowingly permits such child to use or have a firearm as described herein shall child to use or have a firearm as described herein shall be guilty of a misdemeanor.be guilty of a misdemeanor.

((Florida Statute 372.99): The displaying or Florida Statute 372.99): The displaying or use of a light in a place where deer might be use of a light in a place where deer might be found, and in a manner capable of disclosing found, and in a manner capable of disclosing the presence of deer, together with the the presence of deer, together with the possession of firearms or other weapons possession of firearms or other weapons customarily used for the taking of deer customarily used for the taking of deer between one (1) hour after sunset and one (1) between one (1) hour after sunset and one (1) hour before sunrise, shall be prima facie hour before sunrise, shall be prima facie evidence of an intent to violate the provisions evidence of an intent to violate the provisions of this sub-section one which carries the of this sub-section one which carries the punishment of a misdemeanor.punishment of a misdemeanor.

Additional Information:Additional Information:

Additional wildlife laws and rules in the Additional wildlife laws and rules in the hunting handbook will be discussed at this hunting handbook will be discussed at this point. It is important that you have a basic point. It is important that you have a basic understanding of what is expected of you understanding of what is expected of you while hunting in Florida, and where to find while hunting in Florida, and where to find the information that follows:the information that follows:

Resident game birds and migratory gameResident game birds and migratory game

birds – US Fish & Wildlife Service Jurisdiction.birds – US Fish & Wildlife Service Jurisdiction.

Daily bag limit and possession limit defined.Daily bag limit and possession limit defined.

Florida’s three management zones. Florida’s three management zones.

Hunting license, stamps and permits:Hunting license, stamps and permits:

a. When are they requireda. When are they required

b. Exemptionsb. Exemptions

Hunter Safety requirements. Hunter Safety requirements. Legal methods for taking game:Legal methods for taking game:

a. Native speciesa. Native species

b. Upland game birds b. Upland game birds

c. Migratory game birds and three c. Migratory game birds and three

shell lawshell law Prohibited methods – center fire, semi-Prohibited methods – center fire, semi-

automatic rifle magazine capacity.automatic rifle magazine capacity. Wild hogs as legal game.Wild hogs as legal game.

Shooting hours:Shooting hours:

a. Native speciesa. Native species

b Upland game birdsb Upland game birds

c. Game birdsc. Game birds Hunter Orange requirement.Hunter Orange requirement. Dogs:Dogs:

a Hunting dogs a Hunting dogs

b. Bird dogsb. Bird dogs

c. Deer dogsc. Deer dogs

d. Chasing foxd. Chasing fox

Hunting over bait – Established and Hunting over bait – Established and maintained feedermaintained feeder

Sex evidence of turkey and deer.Sex evidence of turkey and deer.

Regular quota hunt permits and exemptions.Regular quota hunt permits and exemptions.

Special quota hunt permits and exemptions.Special quota hunt permits and exemptions.

What is a “legal deer”?What is a “legal deer”?

Furbearers: Furbearers:

a. Definea. Define

b. License requirementb. License requirement

c. Use of Steel leg hold trapsc. Use of Steel leg hold traps

Wildlife Alert program.Wildlife Alert program.

Tagging and transporting of game.Tagging and transporting of game.

What firearms you may hunt with during the What firearms you may hunt with during the

General Gun SeasonGeneral Gun Season in Florida. in Florida.

Regional-specificRegional-specific areas of concern. areas of concern.

Any questions that pertain to this class Any questions that pertain to this class

of instruction. I will be available duringof instruction. I will be available during

the break to answer any other questionsthe break to answer any other questions..