MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Game and Fish

By: Representative Bowles

AN ACT TO AMEND SECTION 49-7-49, MISSISSIPPI CODE OF 1972, TO DELETE POSSESSION OF CERTAIN "OTHER DEVICES" AS PRIMA FACIE EVIDENCE OF HUNTING, TRAPPING OR FISHING; AND FOR RELATED PURPOSES.  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 49-7-49, Mississippi Code of 1972, is amended as follows:

49-7-49. For the purpose of this chapter, the fact that any person shall be found in the possession of a trap or fishing tackle * * * of any description whatsoever used for the purpose of taking wild animals, wild birds or fish in the natural habitat of such animals, birds or fish, or in the possession of dead bodies of wild birds, wild animals or fish within the field, in the forests or on the public highways or on the waters of this state, shall be prima facie evidence that such person is or has been hunting, trapping or fishing.

It is the intent of the Legislature to permit lawful firearm target practice, which shall be a defense to any violation charged hereunder. Evidence that any person charged hereunder is a gun enthusiast, does not regularly hunt wild or game animals or has no hunting license shall be considered in defense of any charge made under the provisions of this law.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.