§134-5  Possession by licensed hunters andminors; target shooting; game hunting.  (a)  Any person of the age ofsixteen years, or over or any person under the age of sixteen years whileaccompanied by an adult, may carry and use any lawfully acquired rifle orshotgun and suitable ammunition while actually engaged in hunting or targetshooting or while going to and from the place of hunting or target shooting;provided that the person has procured a hunting license under chapter 183D,part II.  A hunting license shall not be required for persons engaged in targetshooting.

(b)  A permit shall not be required when anylawfully acquired firearm is lent to a person, including a minor, upon a targetrange or similar facility for purposes of target shooting; provided that theperiod of the loan does not exceed the time in which the person actuallyengages in target shooting upon the premises.

(c)  A person may carry unconcealed and use alawfully acquired pistol or revolver while actually engaged in hunting gamemammals, if that pistol or revolver and its suitable ammunition are acceptablefor hunting by rules adopted pursuant to section 183D-3 and if that person islicensed pursuant to part II of chapter 183D.  The pistol or revolver may betransported in an enclosed container, as defined in section 134-25 in thecourse of going to and from the place of the hunt, notwithstanding section134-26. [L 1988, c 275, pt of §2; am L 1997, c 254, §§1, 4; am L 2000, c 96,§1; am L 2002, c 79, §1; am L 2006, c 66, §2]

 

Case Notes

 

  As question of whether defendant possessed a hunting licenseunder this section posed a fact peculiarly within defendant's knowledge, andlack of a hunting license is not a material element of §134-6, prosecution wasnot required to prove that defendant did not have a hunting license pursuant tothis section.  93 H. 87, 997 P.2d 13.