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«INFORMATION CURRENT AS OF JANUARY, 2013 COMPLIED STATE LAWS CONCERNING OWNERSHIP AND HUNTING WITH USE OF FIREARMS-MOUNTED HEARING PROTECTION (SOUND ...»

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P.O. BOX 140618 BOISE, ID 83616

208.939.7222 GEM-TECH.COM

INFORMATION CURRENT AS OF JANUARY, 2013

COMPLIED STATE LAWS CONCERNING OWNERSHIP AND HUNTING WITH USE OF

FIREARMS-MOUNTED HEARING PROTECTION (SOUND SUPPRESSORS)

AK All game animals legal

Reg. 220-2-.02 Legal Arms, Ammunition, and Methods for Hunting

AL

(1) GENERAL PROHIBITIONS: (e) It shall be unlawful to possess fully automatic firearms or silenced firearms while hunting any species of wildlife.

AR All game animals legal AZ All game animals legal As of August 1, 2012, after Arizona Governor Jan Brewer signed House Bill 2728 into law, suppressors are now legal for hunters in Arizona to use lawfully-possessed suppressors on firearms for hunting, modifying the previous prohibitions listed in R12-4-303. Unlawful Devices, Methods, and Ammunition.

CA Ownership Prohibited, no further hunting regulations CALIFORNIA PENAL CODE SECTION 33410. Any person, firm, or corporation who within this state possesses a silencer is guilty of a felony and upon conviction thereof shall be punished by imprisonment in the state prison or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. 33415. Section 33410 shall not apply to, or affect, any of the following: (a) The sale to, purchase by, or possession of silencers by agencies listed in Section 830.1, or the military or naval forces of this state or of the United States, for use in the discharge of their official duties. (b) The possession of silencers by regular, salaried, full-time peace officers who are employed by an agency listed in Section 830.1, or by the military or naval forces of this state or of the United States, when on duty and when the use of silencers is authorized by the agency and is within the course and scope of their duties. c) The manufacture, possession, transportation, or sale or other transfer of silencers to an entity described in subdivision (a) by dealers or manufacturers registered under Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code and the regulations issued pursuant thereto.

CO All game animals legal c. 26-75. Silencer on firearms. No person shall use any silencer on any firearm when hunting.

CT (1949 Rev., S. 4893.) See Sec. 53a-217e re negligent hunting offenses.

§ 710. Use of silencer on gun; penalty.

DE Whoever uses a silencer or noise-reducing contrivance on any gun, rifle or firearm when hunting for game or fowl, shall be guilty of a class C environmental misdemeanor.

Florida Fish and Wildlife Conservation Commission Code: Prohibited methods and equipment for FL taking game: Fully automatic or silencer-equipped firearms O.C.G.A. 27-3-4 (2010) 27-3-4. Legal weapons for hunting wildlife generally GA (9) The use of silencers for hunting within this state is prohibited.

Ownership Prohibited §134-8 Ownership, etc., of automatic firearms, silencers, etc., prohibited;

HI penalties. (a) The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifle with barrel lengths less than sixteen inches; shotguns with barrel lengths less than eighteen inches; cannons; mufflers, silencers, or devices for deadening or muffling the sound of discharged firearms;

134-11 Exemptions. (a) Sections 134-7 to 134-9 and 134-21 to 134-27, except section 134-7(f), shall not apply: (1) To state and county law enforcement officers; provided that such persons are not convicted of an offense involving abuse of a family or household member under section 709-906; (2) To members of the armed forces of the State and of the United States and mail carriers while in the performance of their respective duties if those duties require them to be armed; (3) To regularly enrolled members of any organization duly authorized to purchase or receive the weapons from the United States or from the State; provided the members are either at, or going to or from, their places of assembly or target practice; (4) To persons employed by the State, or subdivisions thereof, or the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed; (5) To aliens employed by the State, or subdivisions thereof, or the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed; and (6) To police officers on official assignment in Hawaii from any state which by compact permits police officers from Hawaii while on official assignment in that state to carry firearms without registration. The governor of the State or the governor's duly authorized representative may enter into compacts with other states to carry out this paragraph. (b) Sections 134-2 & 134-3 shall not apply to such firearms or ammunition that are a part of the official equipment of any federal agency. (c) Sections 134-8, 134-9, and 134-21 to 134-27, shall not apply to the possession, transportation, or use, with blank cartridges, of any firearm or explosive solely as props for motion picture film or television program production when authorized by the chief of police of the appropriate county pursuant to section 134-2.5 and not in violation of federal law. [L1988, c 275, pt of 2 and am c 272, 2; am L 1989, c 211, 10; am L 1990, c 281,11; am L 1996, c60, 1, 2; am L 1999, c 202, 1 & c 297, 2; am L 2006, c 66,4] Cross Ref. Sheriff 26-14.6.





IA Ownership Prohibited, no further hunting regulations

724.3 UNAUTHORIZED POSSESSION OF OFFENSIVE WEAPONS. An offensive weapon is any device or instrumentality of the following types: 8) Any mechanical device specifically constructed and designed so that when attached to a firearm silences, muffles, or suppresses the sound when fired. However, this subsection does not apply to a mechanical device possessed and used by a person solely for the purpose of shooting a deer pursuant to an approved city special deer population control plan if the person has a valid federal permit to possess and use the mechanical device.

ID All game animals legal

Ownership Prohibited 520 ILCS 5/2.33 from Ch.61, par.2.33 Prohibitions. 525.30-13 IL It is unlawful to use a silencer or other device to muffle or mute the sound of the explosion or report resulting from the firing of any gun. Violation is a Class B misdemeanor IC 14-22-6-11 Silencers prohibited Sec. 11. (a) This section does not apply to an employee of the IN department or an employee of a federal wildlife management agency who: (1) is acting in the performance of the employee's duties; and (2) has received the express written consent of the director for the employee's action. (b) A person may not: (1) use or possess an apparatus designed for use with or on a firearm commonly called a silencer; or (2) use or possess a device used as a silencer; in Indiana while in the act of hunting As added by P.L.1-1995, SEC.15. Amended by P.L.13-2007, SEC.2.

KS All game animals legal KY All game animals legal "Nongame nuisance quadrupeds" only §116.1. Wild birds and wild quadrupeds; times and (3) LA Take or kill any game bird or wild quadruped with a firearm fitted with any device to deaden or silence the sound of the discharge thereof MA Ownership Prohibited, no further hunting regulations Section 10A. Any person, other than a federally licensed firearms manufacturer, an authorized agent of the municipal police training committee, or a duly authorized sworn law enforcement officer while acting within the scope of official duties and under the direct authorization of the police chief or his designee, or the colonel of the state police, who sells or keeps for sale, or offers, or gives or disposes of by any means other than submitting to an authorized law enforcement agency, or uses or possesses any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearm shall be punished by imprisonment for not more than five years in state prison or for not more than two and one-half years in a jail or house of correction. Nothing contained herein shall be construed to prohibit a federally licensed firearms manufacturer from selling such instrument, attachment, weapon or appliance to authorized law enforcement agencies for law enforcement purposes or to the municipal police training committee for law enforcement training. Upon conviction of a violation of this section, the instrument, attachment or other article shall be confiscated by the commonwealth and forwarded, by the authority of the written order of the court, to the colonel of the state police, who shall destroy said article.

MD All game animals legal

§11214. Unlawful use or possession of implements or aids ME

1. Prohibition. A person may not: C. Use for hunting or possess for hunting any firearm fitted or contrived with a device for deadening the sound of explosion. This paragraph does not apply to: (1) Military organizations authorized by law to bear arms or to the National Guard in the performance of its duty MI WILDLIFE CONSERVATION ORDER 2.1 Taking of animals; prohibited methods, devices, and weapons; exceptions. Sec. 2.1 Unless otherwise specified in this order, a person shall not do

any of the following:

(6) Possess or use an apparatus known as a silencer on a gun while hunting in this state.

MN Ownership Prohibited (for individuals), no further hunting regulations As of August 1, 2012, Federally licensed firearms dealers, manufacturers or importers will be permitted to possess silencers for the purpose of selling them or firearms tested with silencers for authorized activities. This change in law, sponsored by Rep. Mike Benson (R-Rochester) and

Sen. Bill Ingebrigtsen, is found under HF1816*/SF2125/CH194. For individuals the law follows:

609.66 DANGEROUS WEAPONS.Subd. 1a.Felony crimes; silencers prohibited; reckless discharge. (a) Except as otherwise provided in subdivision 1h, whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b): (1) sells or has in possession any device designed to silence or muffle the discharge of a firearm; Subd.

1h. Silencers; authorized for law enforcement and wildlife control purposes. (a) Notwithstanding subdivision 1a, paragraph (a), clause (1), licensed peace officers may use devices designed to silence or muffle the discharge of a firearm for tactical emergency response operations. Tactical emergency response operations include execution of high risk search and arrest warrants, incidents of terrorism, hostage rescue, and any other tactical deployments involving high risk circumstances. The chief law enforcement officer of a law enforcement agency that has the need to use silencing devices must establish and enforce a written policy governing the use of the devices.

(b) Notwithstanding subdivision 1a, paragraph (a), clause (1), an enforcement officer, as defined in section 97A.015, subdivision 18, a wildlife area manager, an employee designated under section 84.0835, or a person acting under contract with the commissioner of natural resources, at specific times and locations that are authorized by the commissioner of natural resources may use devices designed to silence or muffle the discharge of a firearm for wildlife control operations that require stealth. If the commissioner determines that the use of silencing devices is necessary under this paragraph, the commissioner must establish and enforce a written policy governing the use, possession, and transportation of the devices.

Subd. 2.Exceptions. Nothing in this section prohibits the possession of the articles mentioned by museums or collectors of art or for other lawful purposes of public exhibition.

MO All game animals legal MS All game animals legal MT Non-game animals legal PREVIOUS LAW: 87-3-123. Use of silencers or mufflers on firearms forbidden. No person may take into a field or forest or have in his possession while out hunting any device or mechanism devised to silence, muffle, or minimize the report of any firearms, whether such device or mechanism be operated from or attached to any firearm.

NOTE: The above (former) law was partially repealed via Section 120, through Senate Bill 124, 04/21/11 Section 120. Repealer: The following sections of the Montana Code Annotated are repealed: "87-3-123. Use of silencers or mufflers on firearms forbidden." This legalizes the use of suppressors in the field or forest for all activities except hunting.

G.S. 113-291.1 (c) It is a Class 1 misdemeanor for any person taking wildlife to have in his NC possession any: (1) Firearm equipped with a silencer or any device designed to silence, muffle, or minimize the report of the firearm. The firearm is considered equipped with the silencer or device whether it is attached to the firearm or separate but reasonably accessible for attachment during the taking of the wildlife.

ND All game animals legal

NE All game animals legal 207:4 Silencing Devices. I. No person shall possess a rifle, pistol, or other firearm fitted or contrived NH with any silencer or device for deadening the sound of explosion, for the purpose of taking wildlife.

Nothing in this section shall prohibit the use of a muzzle brake, polychoke, or compensator.

II. Nothing in this section shall prohibit a person who has obtained a depredation permit issued by the executive director of fish and game from taking wildlife under such permit using a lawfully obtained silencing device.

NJ Ownership Prohibited, no further hunting regulations NJSA 2C:39-3 Prohibited Weapons and Devices. c. Silencers. Any person who knowingly has in his possession any firearm silencer is guilty of a crime of the fourth degree.



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