Shining from the public road will now cost you...

[Wingman]

up to $500. Gun or no gun. Shining is now considered harassment statewide. Passed Senate today if I read that correctly.

Shine a spot or turn sideways in the road and get caught and now you could be charged with harassment.

Personally, I liked the old way. If you had a gun and shined, you could've been charged with headlighting. Shining w/o a gun was legal. Subsection (b) will now let some poachers go free, I'm afraid. Especially the ones with lighted shooting houses on their own property...big problem in south MS.

Senate Bill 2883
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTION 49-7-95, MISSISSIPPI CODE OF 1972, TO PRESCRIBE CERTAIN ELEMENTS THAT CONSTITUTE HEADLIGHTING; TO PROVIDE FOR AN APPEAL OF A THREE-YEAR FORFEITURE OF HUNTING, FISHING AND TRAPPING LICENSES AFTER A ONE-YEAR SUSPENSION; TO CREATE A LESSER OFFENSE OF HARASSING WILDLIFE AT NIGHT AND TO PROVIDE A PENALTY FOR VIOLATIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 49-7-95, Mississippi Code of 1972, is amended as follows:

49-7-95. (1) (a) Any person who hunts or takes or kills any deer at night by headlighting, by any lighting device or light amplifying device shall, upon conviction thereof, be guilty of a Class I violation and shall be punished as provided in Section 49-7-141.

(b) For any person to be charged with a violation of this subsection, that person must have been observed committing an overt act consistent with the hunting of deer at night with the aid of a light, lighting device or light amplifying device. Such observation of an overt act may include, but shall not be limited to, witnessing the discharge of a firearm, hearing the report of a firearm being fired, observation of the alleged violator in possession of a recently killed game animal which could not have been killed during legal hunting hours, or observation of an alleged violator upon the lands of another under the circumstances set forth in this subsection.

(2) (a) Violators of * * * subsection (1), twenty-one (21) years old or older, upon conviction, shall also forfeit all hunting, trapping and fishing privileges for a period of not less than three (3) consecutive years from the date of conviction and shall attend such courses prescribed by the commission. A violator shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his privileges restored.

(b) A person twenty-one (21) years old, or older, convicted of a first violation of subsection (1) may petition the commission to have his privileges restored after one (1) year from the date of his forfeiture. The commission may prescribe conditions on the restoration of privileges for a first-time offender, and the first-time offender shall pay a reinstatement fee of Five Hundred Dollars ($500.00).

(c) A violator of * * * subsection (1) under the age of twenty-one (21), upon conviction, shall forfeit all hunting, trapping and fishing privileges for one (1) year from the date of conviction, and shall attend courses prescribed by the commission. A violator under the age of twenty-one (21) may petition the commission to have his privileges restored after he has paid his penalty. The violator shall pay a reinstatement fee of Two Hundred Fifty Dollars ($250.00) to have his privileges restored.

(d) A person under the age of twenty-one (21) convicted of a second or subsequent violation of * * * subsection (1) shall forfeit all hunting, trapping and fishing privileges for a period of not less than three (3) consecutive years from the date of conviction and shall attend courses prescribed by the commission. The person shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his privileges restored.

(e) A person who is appealing from a violation of * * * subsection (1) shall have his hunting privileges suspended or revoked as provided in Section 49-7-27.

(3) This section shall not apply to any deer killed in an accident with any motor vehicle.

(4) Anyone found guilty of violating this section who shoots or kills any livestock shall be punished as provided in Section 97-41-15, in addition to the penalties provided in this section.

(5) It shall be unlawful for a person to shine a light from a public road or right-of-way, or on the property of another, at night, from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise, except this section shall not apply: (a) to the normal use of headlights of a vehicle traveling on a public road or right-of-way; (b) to law enforcement, emergency or utility personnel in the performance of their official duties; (c) to landowners, agricultural leaseholders or their designated agents with written authorization from the landowner or agricultural leaseholder, and upon lands owned or leased by the landowner, leaseholder or agent; or (d) to persons lawfully hunting, fishing or trapping. Any person convicted under this provision shall be guilty of harassment of wildlife and shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not less than sixty (60) days nor more than six (6) months, or by both such fine and imprisonment.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.

[lowbar]

It still has to pass the house and that will probably be a longshot

[duckkiller]

ok I am confused hear we lease 8000 acers for a deer camp and when I was little the men would play cards after supper and us kids would ride around and sometimes we would shine the powerlines and gaslines(no weapons of course) so does this mean that now a days we couldnt do this?

[Wingman]

You are correct. I thought it had been sent to Senate already but was looking on House page.

Dang I should've paid more attention in government class.

[Po Monkey Lounger]

What if you are out looking for a lost dog? Or looking for a hunting friend who did not return from his hunt?

To me, this proposed law is OVERKILL. No gun present anywhere, then no problem.

[lowbar]

It passed the house already, I believe. Was sent to Senate Monday.

Nope

http://billstatus.ls.state.ms.us/2007/H ... SB2883.htm

[Wingman]

What if you are out looking for a lost dog? Or looking for a hunting friend who did not return from his hunt?

To me, this proposed law is OVERKILL. No gun present anywhere, then no problem.

I agree. It is already illegal to shine on a WMA. I've caught several people with weapons in vehicles and turning sideways in the road to look at deer, but I didn't charge them with headlighting. Sometimes you just know who's out hunting and who's just looking.

This bill takes some of the bite out of headlighting enforcement, but adds extra by making shining from public road illegal.

[CW]

Are you kidding? Details please...

Especially the ones with lighted shooting houses on their own property...big problem in south MS.

[RebelYelp]

key words here, public road.....

so if you're out ridin through the pasture, or down a road at the deer camp, you can shine all you want.. right ?

[REBEL DUCK]

If i see one cross going to my camp its just human nature I am going to look. But i ususally don't have a gun or its unloaded in the back seat.

[MemphisStockBroker]

It shall be unlawful for a person to shine a light from a public road or right-of-way, or on the property of another, at night,... .

Sounds like you are ok if you are on your own land.

So, if you are on the backroads, and get lost and you need to turn around... cut your lights off on the truck before you turn around in the road.

And if I am reading this right, you can still shine deer at night if you are on the water in your boat. Just can't shoot 'em.

[Duck Nawteek]

I hope the bill does'nt pass. But it doesnt matter everyone that I know that still spotlights don't even use spotlights they are using Nightvision binocs. and nightvision scopes and goggles just like the wardens are using. Not one light is lit up and they have been doing it for years. They did'nt want to take a chance on getting caught and leaving it up to the warden to let them go or charge them with harassing wildlife, thats why they started using night vision. Gonna be kinda hard to charge them with headlighting when they arent even turning on a light.

[dukluk]

PERSONALLY, I HOPE IT PASSES. NO ONE HAS A RIGHT TO SPOTLIGHT FROM A PUBLIC ROAD, UNLESS IT'S ACROSS THEIR PRIVATE PROPERTY OR THEIR LEASE PROPERTY!!! THAT FRIGGING SPOTLIGHT IS AN EXTENSION OF THAT SPOTLIGHTER, AND I DON'T WANT HIM OR HIS LIGHT BEAM ON OR ACROSS MY PROPERTY.
USE YOUR COMMON SENSE. IF THERE'S A SPOTLIGHTER SHINING ACROSS YOUR PASTURE AT 2:00 AM, WHAT THE H*LL, DO YOU THINK HE'S DOING.........COUNTING YOUR COWS FOR YOU???

[Wildfowler]

or turn sideways in the road and get caught

What does this mean, a three point turn-around at night is now illegal unless I turn my headlights off?

[gator]

To me, this proposed law is OVERKILL. No gun present anywhere, then no problem.

man, NO JOKE. i've got NO PROBLEM putting someone under the jail shining and shooting.........or shining w/ a gun in the vehicle. but, DANG, you're out on some delta road, or some road in jeff davis county (my home county growing up) and you get dinged?

man, i suppose i'll just be glad i grew up when i did..............cause, w/out shining on a friday/saturday night, we wouldn't have had NOTHING

gator