Georgia § 27-3-1 - Requirement of permission to hunt on lands of another; written permission; enforcement; immunity of landowner from civil liability.

§ 27-3-1. Requirement of permission to hunt on lands of another; written permission; enforcement; immunity of landowner from civil liability.

It shall be unlawful for any person to hunt upon the lands of another or enter upon the lands of another in pursuit of wildlife, with or without a license, without first obtaining permission from the landowner or lessee of such land or the lessee of the game rights of such land. Such permission shall not be required, however, if the person hunting or a member of the person's family is the owner of the land, the lessee of the land, or the lessee of the game rights of the land. For the purposes of this Code section only, "family" means mother, father, son, daughter, brother, sister, uncle, aunt, son-in-law, daughter-in-law, niece, nephew, grandson, granddaughter, grandmother, grandfather, or spouse. If the land is posted and if the owner of the land, lessee of the land, or lessee of the game rights of the land has informed a law enforcement agency that permission to hunt upon the land must be in writing, then the permission required by subsection (a) of this Code section must be in writing and must be carried on the hunter's person. Except as otherwise provided in this subsection, any person who violates subsection (a) or (b) of this Code section shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500.00. Any person who violates subsection (a) or (b) of this Code section for the second time within a two-year period shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $1,000.00; and the department shall revoke the right of such person to a hunting license for a period of one year for each such second conviction within a two-year period. Any person who violates subsection (a) or (b) of this Code section for a third or subsequent time within a three-year period shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $2,000.00; and the department shall revoke the right of such person to a hunting license for a period of three years for each such third or subsequent conviction within a three-year period. The minimum fines and revocation periods specified in this subsection shall not apply, however, to an offender who is 17 years of age or younger. It shall be the duty of any peace officer whose duty it is to preserve the peace or make arrests or enforce the law to enforce this Code section. Any owner of land, lessee of land, or lessee of the game or fishing rights to land who gives permission to another person to hunt, fish, or take wildlife upon the land with or without charge shall be entitled to the same protection from civil liability provided by Article 2 of Chapter 3 of Title 51 for landowners who allow the public to use their land for recreational purposes without charge. (Ga. L. 1911, p. 137, § 7; Code 1933, § 45-320; Ga. L. 1955, p. 483, § 65; Code 1933, § 45-501, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1978, p. 816, § 38; Ga. L. 1984, p. 546, § 1; Ga. L. 2001, p. 1013, § 11; Ga. L. 2001, p. 1076, § 1.) Law reviews. - For annual survey on trial practice and procedure, see 70 Mercer L. Rev. 253 (2018).