§134-5  Possession by licensed hunters and
minors; target shooting; game hunting.  (a)  Any person of the age of
sixteen years, or over or any person under the age of sixteen years while
accompanied by an adult, may carry and use any lawfully acquired rifle or
shotgun and suitable ammunition while actually engaged in hunting or target
shooting 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 target
shooting.



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



(c)  A person may carry unconcealed and use a
lawfully acquired pistol or revolver while actually engaged in hunting game
mammals, if that pistol or revolver and its suitable ammunition are acceptable
for hunting by rules adopted pursuant to section 183D-3 and if that person is
licensed pursuant to part II of chapter 183D.  The pistol or revolver may be
transported in an enclosed container, as defined in section 134-25 in the
course of going to and from the place of the hunt, notwithstanding section
134-26. [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 license
under this section posed a fact peculiarly within defendant's knowledge, and
lack of a hunting license is not a material element of §134-6, prosecution was
not required to prove that defendant did not have a hunting license pursuant to
this section.  93 H. 87, 997 P.2d 13.