Hunting Upon or Discharging Weapons Across a Public Road

1. Law
2. Georgia Code
3. Game and Fish
4. Wildlife Generally
5. Hunting
6. General Provisions
7. Hunting Upon or Discharging Weapons Across a Public Road

1. It shall be unlawful for any person to hunt, with or without dogs, any wildlife upon any public road in this state. It shall also be unlawful for any person while hunting to discharge any weapon from or across any public road in this state.
2. Any person who violates the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 and not more than $1,000.00 and, in the discretion of the sentencing court, imprisonment for not more than 12 months; provided, however, that such fine shall not be subject to suspension, stay, or probation except that if the court finds that payment of such fine would impose great economic hardship upon the defendant, the court may order such fine paid in installments.

(Ga. L. 1955, p. 483, § 60; Ga. L. 1968, p. 497, § 17; Code 1933, § 45-509, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1978, p. 816, § 43; Ga. L. 1992, p. 2391, § 2.)

Cross references.

- Discharge of gun or pistol near public highway or street, § 16-11-103.

JUDICIAL DECISIONS

Sufficient evidence.

- When defendants turned their truck around and went back to shoot a deer in a field, they were "pursuing" the deer upon a public highway from a motor vehicle; therefore, the evidence was sufficient to support their guilty verdict. Passmore v. State, 253 Ga. App. 901, 561 S.E.2d 123 (2001).

Conviction for separate offenses.

- Where defendants hunted from a motor vehicle on a public road at night using a light exceeding six volts, it was not error to convict them of the three separate crimes of hunting at night, hunting on a public road and hunting from a motor vehicle. Sanford v. State, 169 Ga. App. 769, 315 S.E.2d 281 (1984).

Cited in Manley v. State, 187 Ga. App. 773, 371 S.E.2d 438 (1988).

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, § 53.

C.J.S.

- 38 C.J.S., Game; Conservation and Preservation of Wildlife, §§ 55, 56.

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