Open/concealed carry and hunting? Be aware of state law

[allank]

With hunting season coming up in many states be aware of your state law and the intersection between state statues and hunting regulations. For example in Kansas refer to Kansas Attorney General Opinion Number 2007-40: "Crimes and Punishment--Crimes Against Public Safety; Criminal Use of Weapons; Carrying Concealed Firearms; Exemption for Licensed Hunters". This opinion addresses hunting and carrying concealed firearms.

[allank]

When I posted last night I was short of time so did not elaborate. I am not a lawyer but this is my personal opinion. A big game hunter (eg whitetail deer) is limited to carrying approved hunting equipment based on the most restrictive permit they have in their possession for that season. So using an archery or muzzle loading permit would not allow you to carry a center fire handgun. I think that also means that in firearms season you are restricted to a handgun and cartridge that meets the minimum specifications for big game.

Comments?

[Kleanbore]

Depending upon where you live, you may have to look in more than one place. In Missouri, it says that one may not carry openly except with a CCW endorsement "or in the lawful taking of game." But county ordinances often forbid open carry, and the state hunting regs proscribe the carrying of a firearm during the archery season.

[Z-Michigan]

This is a good reminder. Many states may allow normal CCW during hunting season, but it's worth checking the law to be sure. Michigan does have such an exception, for what it's worth.

[kanook]

In Fl. if you have a CWP, you can carry a concealed during all seasons. It must be concealed during archery and muzzleloading, but may be open during general. (read WMA's paper first as all are different. All the ones I hunt it is permitted but there might be a couple that don't.)

[Oro]

I think that also means that in firearms season you are restricted to a handgun and cartridge that meets the minimum specifications for big game.

Comments?

You have made a good point that might benefit some people. Many states restrict carry while hunting and some may not be aware of this. Be particularly wary if you are bow hunting! All hunters should thoroughly review this aspect before going in the field. Just because a state has concealed or open carry laws does NOT mean you can do so while hunting legally.

[mljdeckard]

In Utah, state law permitting one to carry a defensive firearm supercedes game regulations. Now if you were caught using a firearm not allowed for the hunt you were engaged in, you would still be guilty of a game violation. To use a pistol in the 'any weapon' deer hunt, it must be centerfire, capable of firing expanding bullets, and have a barrel at least 4" long. You ate not allowed to use a firearm to take a deer during the bow hunt. I am always open carrying when I am out with my father, even when I don't have a hunting license.

[rbernie]

I presume that all of this pertains solely to public lands and not private. AFAIK, most every state allows open carry on private land, for example.

[CoRoMo]

In the past, Colorado has had some confusing issues regarding the prohibition of a "second hunting implement". I'm not sure if it is still an issue or not though. They apparently only want(ed) you to carry one hunting implement. But they allow you to carry, open or concealed w/ permit, while hunting. If the game warden/park ranger thinks your sidearm is a second hunting implement, I guess you have some persuading to do.

[Kleanbore]

AFAIK, most every state allows open carry on private land, for example.

But not necessarily while hunting during the primitive weapons season....

[brboyer]

Originally Posted by kanook

In Fl. if you have a CWP, you can carry a concealed during all seasons. It must be concealed during archery and muzzleloading, but may be open during general. (read WMA's paper first as all are different. All the ones I hunt it is permitted but there might be a couple that don't.)

If you are hunting, in Florida, you may open carry or carry concealed with, or without, a license.

WMA Rules cannot override Florida Statutes, specifically 790.25(h). DEP & FWC finally agreed with us on that point.

[Grey_Mana]

What about humane use? If an animal is suffering (say, a arrow-shot deer or a car-accident deer), does the law allow for the most efficient means of euthanasia available?

[walker944]

I'm not a rich attorney so I hunt Public Lands in Texas. Does anyone know what the open/concealed carry law is for Public Land hunts in Texas?

[CoRoMo]

What about humane use? If an animal is suffering (say, a arrow-shot deer...

Nope. The prohibition would encourage more responsible hunting. Otherwise, every ole scoundrel would simply fire off their arrow toward any moving thing and disregard practical range or shot placement. Then to just finish it off with a more effective weapon. Blackpowder hunters would be attempting 300 yard shots, because hey, if you gut shot 'em or hit 'em in the rump, just finish them off with the scoped T/C Contender .30-06 that you, wink wink, have for self defense, wink wink.

If you can imagine, poachers and dishonest hunters have tried it all,
and game wardens have heard it all (regarding excuses for using a firearm during the wrong season).

[MT GUNNY]

Montana hunting regs and MCA regarding firearms don't not conflict in any way. The only thing hunting regs limit is the use of a silencer while afield.

[huntsman]

Originally Posted by allank

When I posted last night I was short of time so did not elaborate. I am not a lawyer but this is my personal opinion. A big game hunter (eg whitetail deer) is limited to carrying approved hunting equipment based on the most restrictive permit they have in their possession for that season. So using an archery or muzzle loading permit would not allow you to carry a center fire handgun. I think that also means that in firearms season you are restricted to a handgun and cartridge that meets the minimum specifications for big game.

Comments?

I just realized Ohio changed the law to allow a carry gun while hunting if you have a CCW.

Carrying a handgun while bow hunting was illegal as was carrying more than one gun while deer hunting

[allank]

I presume that all of this pertains solely to public lands and not private.

My understanding for Kansas is that the AG opinion I posted applies to hunting on any land, public or private. I also received a specific answer back from Kansas Department of Wildlife and Parks Law Enforcement division and they stated that concealed carry is not allowed during archery or muzzle loading seasons even with a concealed carry permit.

Their interpretation seems to be based on the fact that the hunting laws are more specific, and that the concealed carry law does not address hunting. In fact the opinion I linked to actually states that "a hunter licensed under the Act cannot carry a firearm - concealed or not - if spotlighting wildlife". So again my interpretation is that the method of carry is not relevant, simply when and what you are carrying and what activities you are doing while carrying.

[dmazur]

Washington State recently joined Oregon in permitting CCW during hunting seasons -

A modern handgun may be carried for personal
protection if that person possesses a concealed
pistol license as defined in RCW 9.41.070.
Modern handguns cannot be used to hunt big
game or dispatch wounded big game during
a big game hunting season for muzzleloading
firearms.

It is unlawful for any person to carry or
have in his possession any firearm while in
the field archery hunting, during an archery
season specified for that area, except for
modern handguns carried for personal
protection if that person possesses a
concealed pistol license as defined by
RCW 9.41.070. Modern handguns cannot
be used to hunt big game or dispatch
wounded big game during an archery, big
game hunting season.

So Washington State recognizes that you may need a CCW for personal protection, hunting or not. However, just because you have one is no justification to use it to hunt or dispatch big game during muzzleloader or archery seasons.

I'm glad to see this type of legislation. It is more along the lines of trusting the hunter to do the right thing, rather than assuming a handgun would be misused simply because one has one in possession.

[Z-Michigan]

I presume that all of this pertains solely to public lands and not private. AFAIK, most every state allows open carry on private land, for example.

I would be careful with this assumption. I don't think Michigan makes any distinction between hunting on public or private land for purposes of whether you can legally have a firearm with you.

[DeepSouth]

But not necessarily while hunting during the primitive weapons season....

Yep, for instance if the game warden sees you open carrying a scoped 30-30 Thompson Contender, while bow hunting (which is separate from gun season here) you might have a problem, even if it is on your own land.

[kanook]

(1) DECLARATION OF POLICY.--The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes

Quote:
Originally Posted by kanook
In Fl. if you have a CWP, you can carry a concealed during all seasons. It must be concealed during archery and muzzleloading, but may be open during general. (read WMA's paper first as all are different. All the ones I hunt it is permitted but there might be a couple that don't.)

If you are hunting, in Florida, you may open carry or carry concealed with, or without, a license.

WMA Rules cannot override Florida Statutes, specifically 790.25(h). DEP & FWC finally agreed with us on that point.

h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

The way I read it, If it's during archery or muzzleloading it must be concealed. The only time you would be lawful hunting with it open would be during general season.

Line 3 in the handout pamphlet says: Persons in possession of a valid Concealed Weapon or Firearm License may carry concealed handguns

[Thunder496]

I'm not a rich attorney so I hunt Public Lands in Texas. Does anyone know what the open/concealed carry law is for Public Land hunts in Texas?

You may want to double check the Texas Parks & Wildlife Outdoor Annual, and your Annual Public Hunting booklet on this, but I believe Texas allows CHL holders to carry a concealed weapon wile doing ANY kind of hunting on public and private land. The only exception may be federal land. Like when hunting in an archery only season you may not be in possession of a firearm, but If you have a CHL they allow you to conceal carry. I believe that is stated in both booklets