Prohibiting the Discharge of Firearms on Registered Land in Granville County

GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 152
HOUSE BILL 592

AN ACT TO AMEND THE LAW PROHIBITING THE DISCHARGE OF
FIREARMS ON REGISTERED LAND IN GRANVILLE COUNTY BY
PROVIDING FOR REGISTRATION AT ANY TIME, BY ELIMINATING THE
REQUIREMENT THAT REGISTRATION BE RENEWED ANNUALLY, AND
BY PROVIDING THAT A REGISTRANT MUST FURNISH THE POSTED
NOTICES REQUIRED TO COMPLY WITH THE LAW.

The General Assembly of North Carolina enacts:
Section 1. Section 2 of Chapter 159 of the 1991 Session Laws reads as
rewitten:

“Sec. 2. Registration procedure.
(a) A person who possesses land and wishes to register it under this act must
apply to the sheriff in accordance with this section.
(b) A new registration application or a renewal application containing an
amendment of the boundaries of the tract of registered land must be filed with the
sheriff between July 1 and August 1 and must contain:
(1) A statement under oath by the applicant that he is the possessor of the
tract of land to be registered. If the applicant is not an owner, he must
file a copy of his lease or other document granting him his right of
general possession of or the control of hunting rights on the land.
(2) Three copies of a description of the tract that will allow law
enforcement officers to determine in the field, and prove in court,
whether an individual is within the boundaries of the tract. This
description may take the form of a map, plat, aerial photograph
showing boundaries, diagram keyed to known landmarks, or any other
document or description that graphically demarks the boundaries with
sufficient accuracy for use by officers in court and in the field.
(3) An agreement by the applicant to post the tract in accordance with the
requirements of this section by August 15, and to make a continuing
effort to maintain posted notices for the tract.
(4) An agreement by the applicant to issue or cause issuance of an entry
permit to all individuals not exempted by Section 5(c) to whom he or
his authorized agent gives permission to hunt, or to possess a firearm
or bow and arrow that is readily available for use, on the tract or on
any highway adjacent to the tract. The applicant must file the name
and signature of any agent authorized by him to issue the entry permit.
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(5) An agreement to notify the sheriff in writing immediately upon
rescinding the authority of any agent and to file the name and signature
of any new agent with the sheriff.
(6) A fee of ten dollars ($10.00) to cover the administrative costs of
processing the registration application.
(c) No renewal of registration is required except as provided in subsection (b) for
amending the boundaries of a tract of registered land and in subsection (d) for new
possessors. A tract of land remains registered until the registrant requests in writing that
the sheriff delete the tract of land from registration. An application for annual renewal
of registration in which there is no change of boundaries of the tract must be filed with
the sheriff between July 1 and August 1 and must contain:
(1) A statement under oath by the applicant that he remains the possessor
of the tract of registered land.
(2) A statement under oath that every posted notice required by this
section has been reviewed within the 30 days preceding the application
and a specification as to any failure of compliance with the posting
requirements. If there is any such failure, the registrant must agree to
bring his tract of registered land into full compliance with posting
requirements by August 15.
(3) An agreement to make a continuing effort to maintain posted notices
for the tract.
(4) An agreement to issue or cause issuance of an entry permit to all
individuals not exempted by Section 5(c) to whom he or his authorized
agent gives permission to hunt, or to possess a firearm or bow and
arrow that is readily available for use, on the tract or on any highway
adjacent to the tract. The registrant must list the name of each agent
currently authorized by him to issue the entry permit, and must file the
name and signature of any agent newly so authorized.
(5) An agreement to notify the sheriff in writing immediately upon
rescinding the authority of an agent and to file the name and signature
of any new agent with the sheriff.
(6) A fee of five dollars ($5.00) to cover the administrative costs of
processing the renewal application.
(d) Within 20 days after a registrant loses his status as the possessor of all or any
part of a tract of registered land, he must notify the sheriff of this fact. If there is a new
possessor who wishes to retain the land’s registered status, and there will be no change
as to the overall boundaries of registered land, the new possessor may within 20 days
after gaining this status apply to the sheriff to have the former registrant’s application
amended to designate him as the possessor of the transferred tract or portion of the tract.
The amended application must contain all the provisions of a renewal application under
subsection (c), and the new possessor must pay a fee of five dollars ($5.00) to cover the
administrative costs of processing the renewal application. contain:
(1) A statement under oath by the applicant that he is the possessor of the
tract of registered land.

House Bill 592 S.L. 1995-152 Page 3
(2) A statement under oath that every posted notice required by this
section has been reviewed within the 30 days preceding the application
and a specification as to any failure of compliance with the posting
requirements. If there is any such failure, the registrant must agree to
bring his tract of registered land into full compliance with posting
requirements within 30 days of the application.
(3) An agreement to make a continuing effort to maintain posted notices
for the tract.
(4) An agreement to issue or cause issuance of an entry permit to all
individuals not exempted by Section 5(c) to whom he or his authorized
agent gives permission to hunt, or to possess a firearm or bow and
arrow that is readily available for use, on the tract or on any highway
adjacent to the tract. The registrant must list the name of each agent
currently authorized by him to issue the entry permit, and must file the
name and signature of any agent newly so authorized.
(5) An agreement to notify the sheriff in writing immediately upon
rescinding the authority of an agent and to file the name and signature
of any new agent with the sheriff.
(6) A fee of five dollars ($5.00) to cover the administrative costs of
processing the renewal application.
If there is any lapse as to the registered status of the land or any change as to
boundaries of registered land, application must be made between July 1 and August 1
under the provisions of subsection (b).
(e) The sheriff must first examine each application submitted under subsection
(b) to determine whether the description of the tract will satisfy the provisions of
subdivision (2). If the description is not adequate, the sheriff may in his discretion
reject the application or require an amended description that does satisfy those
provisions. If the application otherwise satisfies the provisions of subsection (b), the
sheriff before September 1 must inspect the tract to be registered to determine whether
the land is properly posted in compliance with this section. As to renewal applications,
the sheriff must determine whether the provisions of subsection (c) (d) are met. Of the
applications that do meet the requirements, he must make spot checks of the tracts of
land covered by these applications before September 1 for compliance with the posting
requirements of this section.
(f) By September 1 each year, the sheriff must:
(1) File with the Register of Deeds of Granville County a listing of all
tracts of land accepted by him for registration during the ensuing year.
This listing must contain an abbreviated description of the location of
each tract of land so accepted.
(2) File with the Register of Deeds a copy of the full description of the
boundaries of each tract accepted for registration that year under
subsection (b). As to the remaining applications accepted, the sheriff
must indicate in his filing with the Register of Deeds the year in which
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a full description was filed for that tract that met the requirements of
subdivision (2) of subsection (b).
(3) File with the North Carolina Wildlife Resources Commission all of the
material required to be filed with the Register of Deeds under
subdivisions (1) and (2). The sheriff must also furnish the North
Carolina Wildlife Resources Commission with a copy of the signature
of each registrant and agent newly authorized to issue entry permits
during the ensuing year, and a listing of agents no longer authorized to
issue entry permits. In addition, throughout the year as registrants
make changes with respect to their authorized agents or there are
amended applications that substitute registrants, the sheriff must as
soon as feasible inform the Commission of the changes and file with
the Commission a copy of the signatures of new registrants and agents.
(4) Release for publication by appropriate media with coverage in
Granville County the listing described in subdivision (1).
(5) Compile and maintain throughout the ensuing year in his office, so that
the information is freely available to the public, all of the information
covered by this subsection.
(g) Each registrant under this act must post his tract of registered land within the
time limits agreed to by him in his registration application, and the registrant must from
time to time inspect his registered land and repost the land to keep it in conformance
with the requirements of this subsection. Posted notices must measure at least 120
square inches; contain the word ‘POSTED’ in letters at least three inches high; state that
the land is registered with the Sheriff of Granville County and that hunting and the
possession of weapons are prohibited without an entry permit. Notices must be
conspicuously posted not more than 200 yards apart close to and along the boundaries
of the tract. In any event, at least one notice must be placed on each side of the
registered tract, one at each corner, one facing toward the traveled portion of each
abutting highway, and one at each point of entry. A point of entry is where a roadway,
trail, path, or other way likely to be used by entering hunters and weapons possessors
leads into the tract. Notices posted along the boundaries of a tract must face in the
direction that they will most likely be seen by hunters and weapons possessors.
(h) Any law enforcement officer or any employee of the North Carolina Wildlife
Resources Commission who determines that a registrant has failed to keep registered
property posted in substantial compliance with this section must so notify the registrant
or his agent. If within a reasonable time after notice the registrant fails to take steps to
post or repost the tract, or if without regard to notice a registrant is inexcusably or
repeatedly negligent in failing to keep the tract properly posted, the sheriff upon
learning of this must immediately delete registration of the tract, notify the registrant, or
the present possessor if the registrant is no longer a possessor, and require that the
responsible person remove any remaining posted notices.
(i) When there is no renewal of an application for registration, when the sheriff
learns that a registrant is no longer the possessor of a registered tract of land and there
has been no timely application by the new possessor to amend the registration, or when
House Bill 592 S.L. 1995-152 Page 5
a registrant requests that his tract of land be deleted from registration, the sheriff must
immediately delete the registration of the tract, notify the current possessor of his
action, and require him to remove all posted notices.
(j) A possessor’s failure to cause the removal of all posted signs within a
reasonable time after receipt of notice that the tract has been deleted from registration is
a misdemeanor punishable in the discretion of the court.”
Sec. 2. Section 3 of Chapter 159 of the 1991 Session Laws reads as
rewritten:
“Sec. 3. Entry permits and posted notices furnished by sheriff. notices.
(a) Upon initial or renewal registration of a tract of land, the sheriff must furnish
the registrant with a reasonable number of entry permit forms to be carried by
individuals given permission to hunt, or possess a firearm or bow and arrow that is
readily available for use, on the registered land or on any highway abutting the
registered land. The sheriff must establish a procedure for resupplying registrants and
their agents with entry permit forms for their registered land as needed.
(b) To be valid, the entry permit must be issued and dated within the previous 12
months and signed by the registrant, or by an authorized agent of the registrant whose
signature is on file with the sheriff.
(c) The sheriff registrant must procure a stock sufficient number of posted
notices that meet the requirements of subsection (g) of Section 2 of this act and, upon
initial or renewal registration, furnish the registrant with a sufficient number of posted
notices that he may comply with the posting requirements of this act. The sheriff must
establish a procedure for supplying registrants with additional posted notices as needed
for reposting in compliance with this act. act in order to comply with the posting
requirements of this act.”
Sec. 3. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 1st day of June,
1995.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives