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2018 Georgia Code 27-2-5 | Car Wreck Lawyer

TITLE 27 GAME AND FISH

Section 2. Licenses, Permits, and Stamps Generally, 27-2-1 through 27-2-42.

ARTICLE 1 HUNTING, TRAPPING, OR FISHING

27-2-5. Required hunter education courses.

  1. It shall be unlawful for any person born on or after January 1, 1961, to procure a hunting license or to hunt by means of weapons in this state unless that person has been issued a certificate or other evidence the department deems acceptable which indicates satisfactory completion of a hunter education course as prescribed by the board. Persons ages 12 through 25 shall provide such certificate or other evidence to the issuing agent at the time of purchase of a hunting license. All persons required by this subsection to complete a hunter education course, by buying such license, by receiving a temporary license identification number, or by receiving a license from a telephone license agent, Internet license agent, or other vendor, shall certify by such action their compliance with this subsection.
  2. It shall be unlawful for any person authorized to issue hunting licenses in this state to issue a hunting license to any person age 16 through 25 unless that license agent shall have been provided with a certificate showing the license applicant has satisfactorily completed a hunter education course as prescribed by the board, or to any other person born on or after January 1, 1961, unless such person provides such other evidence of completion of a hunter education course as the department deems acceptable. Internet and telephone license agents may accept a valid hunter education certificate number as fulfillment of this requirement.
  3. It shall be unlawful for any person age 16 through 25 who is not required by law to obtain a hunting license to hunt in this state unless that person carries on his or her person while hunting a certificate attesting to that person's satisfactory completion of a hunter education course as prescribed by the board. Such person shall present his or her certificate to a conservation ranger or deputy conservation ranger for inspection upon demand.
  4. Any person who is age 12 through 15 shall satisfactorily complete a hunter education course as a prerequisite to hunting with a weapon in this state. It shall be unlawful for any adult to permit his or her child or ward age 12 through 15 to hunt with a weapon unless the child has a certificate attesting to his or her satisfactory completion of such course on his or her person; provided, however, that a hunter education course is not required for a child less than 16 years of age who is hunting under adult supervision by a licensed adult hunter.
  5. Any person applying for an annual or multiyear nonresident hunting/fishing license may provide a certificate of completion or such other evidence of completion the department deems acceptable of the official hunter education or hunter safety course of such person's state of residence if that course shall have been approved by the department. No one applying for an outdoor passport, a hunting license of less than one year in duration, or a lifetime license shall be required to exhibit such a certificate or to complete a hunter education course in order to obtain the license. Persons holding a lifetime license shall complete an official hunter education or hunter safety course and display proof of completion as specified by the department in order to hunt unless otherwise exempted by this title.
  6. By rule or regulation, the board shall prescribe a course of instruction in competency and safety in hunting and in the handling of weapons. The board shall also prescribe procedures whereby competent residents of this state shall be certified as hunter education instructors. The board may provide, by rule or regulation, for charging reasonable fees for the issuance by the department of duplicate certificates of completion of a hunter education course and for hunter education courses in order to defray the expenses of conducting such courses. Any such fees shall be deemed as "other income" of the department for purposes of subsection (c) of Code Section 27-1-13.
  7. Any person violating any provision of this Code section shall be guilty of a misdemeanor; provided, however, that this subsection shall not apply to any person under the age of 16.
  8. The requirements of subsections (c) and (d) of this Code section shall not apply to any person hunting on his or her own land or that of his or her parents or legal guardian or to persons permitting a child or ward aged 12 through 15 years to hunt on the parent's or guardian's own land.

(Code 1933, § 45-302.1, enacted by Ga. L. 1978, p. 2264, § 1; Ga. L. 1979, p. 1177, § 1; Ga. L. 1988, p. 842, § 2; Ga. L. 1993, p. 779, § 2; Ga. L. 1995, p. 946, § 5; Ga. L. 1996, p. 6, § 27; Ga. L. 2001, p. 1013, § 8; Ga. L. 2009, p. 787, § 3/HB 326; Ga. L. 2017, p. 27, § 7/HB 208; Ga. L. 2018, p. 948, § 2/SB 332.)

The 2017 amendment, effective July 1, 2017, in subsection (a), substituted "ages 12" for "ages 16" in the second sentence and, in the last sentence, substituted "buying such license" for "signing such license" and inserted "by such action" near the end; substituted "less than 16 years of age" for "age 12 through 15 years" near the end of the last sentence of subsection (d); in subsection (e), inserted "or multiyear" near the beginning of the first sentence, substituted "No one applying for a hunting license of less than one year in duration or for a lifetime license shall be required" for "Those persons applying for a hunting license other than a season hunting license shall not be required" in the second sentence, and added the third sentence. See Editor's note for applicability.

The 2018 amendment, effective July 1, 2018, in subsection (e), in the middle of the second sentence, inserted "an outdoor passport," and substituted "duration, or a" for "duration or for a".

Cross references.

- Misuse of firearm or archery tackle while hunting, § 16-11-108.

Liability of volunteers, employees, or officers of nonprofit association conducting or sponsoring sports or safety program; liability of association, § 51-1-20.1.

Editor's notes.

- Ga. L. 2017, p. 27, § 20/HB 208, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall be applicable to all offenses occurring on or after July 1, 2017.

OPINIONS OF THE ATTORNEY GENERAL

Nonresident hunter education certification.

- Nonresidents born prior to January 1, 1961, may hunt in this state or obtain season nonresident hunting licenses without proof of hunter training; nonresidents born on or after January 1, 1961, may not obtain nonresident season hunting licenses in this state without certification of hunter training. 1979 Op. Att'y Gen. No. 79-68.

O.C.G.A. § 27-2-5 does not expressly subject nonresident hunters to special requirements. 1979 Op. Att'y Gen. No. 79-68.

This language is permissive, not mandatory. 1979 Op. Att'y Gen. No. 79-68.

Cases Citing Georgia Code 27-2-5 From Courtlistener.com

Total Results: 3

Phagan v. State

Court: Supreme Court of Georgia | Date Filed: 1997-07-16

Citation: 486 S.E.2d 876, 268 Ga. 272, 97 Fulton County D. Rep. 2622, 1997 Ga. LEXIS 429

Snippet: (Ill.) ; N.Y. Penal Law, § 263.20; N.D. 12.1-27.2-05; lack of knowledge of minor’s age an affirmative

Simonton Construction Co. v. Pope

Court: Supreme Court of Georgia | Date Filed: 1957-06-10

Citation: 99 S.E.2d 216, 213 Ga. 360, 1957 Ga. LEXIS 383

Snippet: expressly waived. *362 Poullian v. Brown, 80 Ga. 27 (2) (5 S. E. 107); Hudson v. Hudson, 98 Ga. 147 (26 S

Holton v. Lankford

Court: Supreme Court of Georgia | Date Filed: 1939-11-16

Citation: 6 S.E.2d 304, 189 Ga. 506, 1939 Ga. LEXIS 729

Snippet: Georgia, Code, § 2-4501; Poullain v. Brown,80 Ga. 27 (2), 5 S.E. 107), they are nevertheless relevant in this