North Carolina General Statutes 113-277. Suspension and revocation of licenses and permits in the discretion of the court; suspension of entitlement; court’s power concurrent; definition of “conviction”; penalties
(a) Upon conviction of any licensee or permittee under this Article of a violation of any law or rule administered by the Wildlife Resources Commission under the authority of this Subchapter, the court in its discretion may order surrender of that license or permit plus any other license or permit issued by the Wildlife Resources Commission. The court may order suspension of any license or permit for some stipulated period or may order revocation of any license or permit for the remainder of the period for which it is valid. A period of suspension may extend past the expiration date of a license or permit, but no period of suspension longer than two years may be imposed. During any period of suspension or revocation, the licensee or permittee is not entitled to purchase or apply for any replacement, renewal, or additional license or permit regulating the same activity covered by the suspended or revoked license or permit. The Wildlife Resources Commission may by administrative action and by rule devise procedures designed to implement license or permit suspensions and revocations that may be ordered by the courts.
(a1) Upon conviction of any person who is not a licensee or permittee under this Article of a violation of any law or rule administered by the Wildlife Resources Commission under the authority of this Subchapter, the court in its discretion may suspend the entitlement of the defendant to possess or procure any specified licenses and permits issued by the Wildlife Resources Commission for a period not to exceed two years.
(a2) A suspension or revocation by a court under this section may be ordered to run concurrently or consecutively with any suspension under N.C. Gen. Stat. § 113-276.3 or any action under N.C. Gen. Stat. § 113-276.2 If no provision is made, N.C. Gen. Stat. § 113-276.3(e) applies, but action by the Executive Director or the Wildlife Resources Commission under N.C. Gen. Stat. § 113-276.2 may not be preempted.
(a3) As used in this Article, the term “conviction” has the same meaning assigned to it in N.C. Gen. Stat. § 113-171
(a4) The Wildlife Resources Commission shall order the surrender of any license or permit issued under this Article to a person whose licensing privileges have been forfeited under N.C. Gen. Stat. § 15A-1331.1 for the period specified by the court.
(b) It is a Class 1 misdemeanor for any person during a period of suspension or revocation under the terms of this Article:
(1) To engage in any activity licensed in this Article without the appropriate license or permit;
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 120 days |
Terms Used In North Carolina General Statutes 113-277
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Devise: To gift property by will.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- permit: refers to a written authorization issued by an employee or agent of the Wildlife Resources Commission to an individual to conduct some activity over which the Wildlife Resources Commission has jurisdiction. See North Carolina General Statutes 113-274
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(2) Knowingly to make any application for a license or permit to which he is not entitled;
(3) Knowingly to make any false, fraudulent, or misleading statement in applying for a license or permit under this Article;
(4) To counterfeit, alter, or falsify any application, license, or permit under this Article;
(5) Knowingly to retain and use any license or permit which has been ordered revoked or suspended under the terms of this Article; or
(6) Willfully to circumvent the terms of suspension or revocation in any manner whatsoever. (1965, c. 957, s. 2; 1973, c. 1262, s. 18; 1979, c. 830, s. 1; 1981, c. 424, s. 2; 1987, c. 827, s. 98; 1993, c. 539, s. 858; 1994, Ex. Sess., c. 20, s. 4; c. 24, s. 14(c); 1998-225, s. 3.10; 2012-194, s. 45(d).)