North Carolina § 113-291 - 8. Requirement to display hunter orange.

§ 113-291. 8. Requirement to display hunter orange.

Any person hunting game animals other than foxes, bobcats, raccoons, and opossum, or hunting upland game birds other than wild turkeys, or hunting feral swine, with the use of firearms, must wear a cap or hat on his head made of hunter orange material or an outer garment of hunter orange visible from all sides. Any person hunting deer during a deer firearms season shall wear hunter orange. Hunter orange material is a material that is a daylight fluorescent orange color. Any person violating this section during the 1987 big game hunting season shall be given a warning of violation only. Thereafter, any person violating this section has committed an infraction and shall pay a fine of twenty-five dollars ($25.00). An infraction is an unlawful act that is not a crime. The procedure for charging and trying an infraction is the same as for a misdemeanor, but conviction of an infraction has no consequence other than payment of a fine. A person convicted of an infraction may not be assessed court costs. Failure to wear hunter orange material in violation of this section shall not constitute negligence per se or contributory negligence per se. This section does not apply to a landholder, his spouse, or children, who are hunting on land held by the landholder. This subsection shall be enforced by warning ticket only until October 1, 1992, with respect to those hunting rabbit, squirrel, grouse, pheasant, and quail. Wildlife Enforcement Officers are authorized to charge persons with the infraction created by this section. History (1987, c. 72, s. 1; 1991, c. 71, s. 1; 2007-401, s. 4; 2011-369, s. 5.) Effect of Amendments. - Session Laws 2007-401, s. 4, effective October 1, 2007, and applicable to acts committed on or after that date, added the second sentence in subsection (a). Session Laws 2011-369, s. 5, effective October 1, 2011, and applicable to acts that occur on or after that date, inserted "or hunting feral swine" in the first sentence of the first paragraph in subsection (a).