NC NC AG Advisory Opinion (1993-07-08) 1993-07-08

When the NC General Assembly opened bear season in Camden and Pasquotank counties two days earlier than the statewide season (creating a Saturday and Sunday opening before the Monday statewide opener), could hunters use firearms on that Sunday?

Short answer: No to firearms, yes to other lawful methods. N.C.G.S. § 103-2 made Sunday hunting with firearms (shotgun, rifle, or pistol) a misdemeanor statewide, with no exception for the early local season in 1993 Session Law ch. 220. The Wildlife Resources Commission's rule 15A NCAC 10B .0201 had extended the Sunday prohibition to all hunting methods, but the Commission's rule yields when in conflict with a local statute. So on Sunday, November 7, 1993, in Camden and Pasquotank counties: firearm hunting for bear was still illegal under § 103-2, but non-firearm methods (such as hunting with dogs or other lawful techniques) were permitted because the local session law took precedence over the WRC rule for those two counties on that date.

Disclaimer: This is an official North Carolina Attorney General advisory opinion. AG opinions are persuasive authority but not binding precedent like a court ruling. This summary is for informational purposes only and is not legal advice. Consult a licensed North Carolina attorney for advice on your specific situation.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked at the bottom of this page) is the authoritative source for any reliance.

Plain-English summary

In summer 1993 the General Assembly enacted Session Law 1993 ch. 220, a local act that opened the Camden and Pasquotank counties bear season two days before the start of the statewide Wildlife Resources Commission (WRC) season. WRC's season started Monday, November 8, 1993. The local season therefore started Saturday, November 6, 1993, putting Sunday November 7 inside the local season but on a day that, statewide, was generally off-limits for hunting.

The Assistant Director of WRC asked the AG whether hunters could actually hunt bear in those two counties on Sunday, November 7. The issue had two layers: a statewide criminal statute against Sunday hunting with firearms, and a WRC regulation extending that prohibition to all hunting methods.

Chief Deputy AG Andrew A. Vanore, Jr. and Assistant AG Melissa L. Trippe worked through both.

The criminal statute, N.C.G.S. § 103-2, said: "If any person shall, except in defense of his own property, hunt on Sunday, having with him a shotgun, rifle, or pistol, he shall be guilty of a misdemeanor and pay a fine not exceeding fifty dollars ($50.00) or [be] imprisoned not exceeding 30 days." The statute is firearm-specific. It does not prohibit hunting on Sunday with bows, with dogs in driving methods, or with other non-firearm techniques. The narrow text reflected the General Assembly's policy choice: Sunday hunting with firearms was a public nuisance (loud noise, safety risks near churches and homes) that warranted criminal sanction, but the statute did not reach quieter, non-firearm hunting.

The WRC rule, 15A NCAC 10B .0201, extended the Sunday prohibition to all hunting methods, not just firearms. The rule was an exercise of WRC's general rulemaking authority. The rule also contained a savings clause: "Where local laws govern hunting, or are in conflict with these regulations, the local law shall prevail." That clause was important. When the General Assembly enacted ch. 220 to give Camden and Pasquotank an early local opener, the local law was in conflict with the WRC's general Sunday prohibition. By the rule's own terms, the local law took precedence.

The AG read the two statutes together under the canon that statutes addressing the same subject should be construed in pari materia, citing Shaw v. Baxley (1967). Reading § 103-2 and ch. 220 together, the AG concluded that ch. 220 simply opened bear season for the two counties on November 6, 1993. It did not override § 103-2's general prohibition on Sunday firearm hunting. The criminal statute stood untouched. But the WRC's broader rule extending the prohibition to all methods yielded to the local session law, per the rule's own conflict clause.

The practical result: on Sunday, November 7, 1993, in Camden and Pasquotank counties, a bear hunter using a firearm was committing a crime under § 103-2. A bear hunter using a bow, dogs without firearms, or other non-firearm methods was acting lawfully under ch. 220 and the WRC rule's local-law deference.

Currency note

This opinion was issued in 1993. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here. North Carolina has substantially amended its hunting laws since 1993, including, in some years, legislative authorizations for Sunday hunting on private land with firearms (Outdoor Heritage Act-style measures). The narrow rule for Camden and Pasquotank described in this opinion was specific to a single 1993 session law that has likely been superseded. Anyone planning a Sunday hunt today should verify the current statute, the current WRC rules, and any local-act exceptions.

Background and statutory framework

Sunday hunting prohibitions trace to blue laws of the colonial and early republican periods. The original rationale was a mix of religious observance and noise/disturbance concerns. By the late twentieth century, the religious justification had eroded but the noise and safety concerns remained. North Carolina's § 103-2 is a particularly narrow Sunday hunting law because it applies only to hunting with firearms, leaving bow hunting and various other techniques unrestricted on Sundays by statute.

The WRC's regulatory extension to all hunting methods was a longer reach. Under its rulemaking authority, the Commission could supplement the statutory prohibition to address other forms of hunting that the Legislature had left alone. The Commission justified the rule with general wildlife management and public-safety reasoning. But the Commission's rule expressly subordinated itself to local statutes that addressed hunting.

The 1993 local session law for Camden and Pasquotank was a continuation of an older NC tradition of local hunting laws. The 1965 coastal fishing law rewrite (discussed in a separate AG opinion of July 2, 1993) abolished local coastal fishing laws because the General Assembly viewed marine resources as statewide. But wildlife and game laws kept their tradition of local variation, and the legislature regularly enacted local season adjustments for particular counties.

The interplay between § 103-2 and ch. 220 illustrates a careful drafting question. If the General Assembly had wanted to allow firearm hunting on Sunday for the local season, it could have said so explicitly in ch. 220. The legislature did not, and the AG declined to read such an exception into the local act. The result was a sensible reading: the local act extended the season days but did not override the separate statewide criminal statute about Sunday firearm hunting.

The Shaw v. Baxley in pari materia rule cited in the opinion is a basic statutory construction canon. Two statutes on the same subject should be read to give effect to each, and they should not be construed to override each other unless the legislative intent is clear. Here the AG found clear intent to allow only what ch. 220 expressly granted (an early opening date), not to override the firearm-specific Sunday prohibition.

Common questions

Could a hunter hunt bear with a bow on Sunday, November 7, 1993, in Camden County?

Yes. The bow is not a "shotgun, rifle, or pistol" within § 103-2's prohibition, and the WRC rule extending the prohibition to all methods yielded to the local session law. Bow hunting for bear in season in Camden County on that Sunday was lawful.

What about Sunday hunting with dogs (no firearms)?

Lawful in Camden and Pasquotank on November 7, 1993, by the same logic. The hunters had to be careful to avoid carrying or using firearms.

Could the hunter shoot the bear if dogs cornered it on Sunday?

No. Once a firearm was used to take the bear on Sunday, § 103-2 was violated. The opinion did not address every edge case (for example, dispatching a wounded bear), but the statute's plain text covered any hunting with a firearm on Sunday.

Did the local act override the prohibition for the entire season?

No. The local act extended the season to start on Saturday, November 6. It did not change § 103-2's Sunday firearm prohibition. Sunday hunting with firearms remained illegal in Camden and Pasquotank for the full season, just as it was illegal everywhere else in the state.

Why does the WRC rule yield to the local statute?

Because the WRC rule itself includes a savings clause: "Where local laws govern hunting, or are in conflict with these regulations, the local law shall prevail." The Commission wrote its rule subordinate to legislative local acts.

Citations

N.C. Gen. Stat. § 103-2 (Sunday hunting with firearms misdemeanor)
15A NCAC 10B .0201 (Prohibited Taking; Sunday hunting)
1993 N.C. Sess. Laws ch. 220 (Camden and Pasquotank early bear season)
Shaw v. Baxley, 270 N.C. 740 (1967) (in pari materia construction)

Source

Landing page: https://ncdoj.gov/opinions/bear-hunting/

Original opinion text

July 8, 1993

Richard B. Hamilton
Assistant Director
Wildlife Resources Commission
512 N. Salisbury Street
Raleigh, North Carolina 27604-1188

Re: Advisory Opinion to the Assistant Director of the Wildlife Resources Commission ("WRC") from the Administrative Division, Service to State Agencies Section, as to whether the effect of Sess. Law 1993 ch. 220, which allows the bear hunting season in Pasquotank and Camden counties to begin two days earlier than the season established by WRC, is to allow Sunday bear hunting in those counties.

Dear Mr. Hamilton:

We are in receipt of your July 6, 1993, letter inquiring about the effect of the recently enacted Sess. Law 1993 ch. 220. This local law provides that the bear season in Camden and Pasquotank counties shall begin two days prior to the start of the season established by WRC and shall end on the same date that the WRC session ends. WRC's season begins on Monday, November 8, 1993. Camden and Pasquotank counties' season begins on Saturday, November 6, 1993. Your specific question is whether hunting will be allowed in Camden and Pasquotank counties on Sunday, November 7th, notwithstanding the general statutory and regulatory prohibitions against Sunday hunting.

G.S. §103-2 provides:

If any person shall, except in defense of his own property, hunt on Sunday, having with him a shotgun, rifle, or pistol, he shall be guilty of a misdemeanor and pay a fine not exceeding fifty dollars ($50.00) or [be] imprisoned not exceeding 30 days. Provided, that the provisions hereof shall not be applicable to military reservations, the jurisdiction of which is exclusively in the federal government. Wildlife protectors are granted authority to enforce the provisions of this section.

This statute only prohibits hunting with firearms on Sundays. By administrative rule, however, WRC has extended the prohibition to include hunting by all methods. 15A NCAC 10B .0201 PROHIBITED TAKING provides in pertinent part:

Lawful seasons and bag limits for each species apply beginning with the first day of the listed season and continue through the last day of the listed season, with all dates being included except Sundays. On military installations under the exclusive jurisdiction of the federal government the open seasons include Sundays. When any hunting season ends on a January 1 that falls on a Sunday, that season is extended to Monday, January 2. Note: Where local laws govern hunting, or are in conflict with these regulations, the local law shall prevail.

Both G.S. § 103-2 and Sess. Law 1993 ch. 220 address hunting. Where two statutes address the same subject, they must be read in pari materia and reconciled, if possible to give effect to each. Shaw v. Baxley, 270 N.C. 740, 155 S.E.2d 266 (1967). Reading these statutes together, it is our opinion that Sess. Law 1993 ch. 220 merely opens bear season for those two counties on November 6, 1993. Hunting bear with firearms on Sundays is still unlawful, therefore, pursuant to G.S. §103-2. Bear can, however, be hunted with methods other than firearms on Sunday, November 7, 1993, in accordance with Sess. Law 1993 ch. 220, since this session law would take precedence over 15A NCAC 10B .0201.

Andrew A. Vanore, Jr.
Chief Deputy Attorney General

Melissa L. Trippe
Assistant Attorney General