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Can a unlicensed partner go while hunting ?

Discussion in 'Hunting' started by nathan, Nov 30, 2008.

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  1. nathan

    nathan Member

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    I have a friend who wants to try hunting. I told him to just buy his annual public hunting license . But he told me his wife wants to come along. She will not get the hunting license but will be tagging along into the woods. Is that allowed ? My friend will make the shot if we see game but just wondering if a nonlicensed person is allowed in the hunting area. This is gonna be at Sam Houston National Forest, San Jacinto Cty, Texas.[/I]
     
  2. WardenWolf

    WardenWolf member

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    Absolutely. Guide services do it all the time, and many people enlist the aid of friends to haul game. As long as the unlicensed individual is not armed, it is perfectly legal for them to accompany you.
     
  3. nathan

    nathan Member

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    Thanks.
     
  4. drgrenthum

    drgrenthum Member

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    double check that, states are different. In Florida it is technically true that one does not have to have a license if they are just accompianing the hunter. If they participate in the "take" helping dress, load, spot, etc. they are condsidered to be hunting and have to have a license. Just because you dont have a gun doesnt mean you are not hunting (archer, trapping, baying pigs and knifing them)
     
  5. paintballdude902

    paintballdude902 Member

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    alot of states if you help at all you must have a license

    i know dog handlers need them and anyone planning on cleaning the animal in the field does too
     
  6. NCsmitty

    NCsmitty Member

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    Just have her bring the camera and archive the hunt.

    NCsmitty
     
  7. 3pairs12

    3pairs12 Member

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    Hey nathan it says in the public lands booklet that only the hunter is required to have the APH. She might need to wear the proper amount of orange still because that part was unclear.
     
  8. CSA 357

    CSA 357 Member

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    Sure its ok, i take my girlfriend all the time, but dont tell my wife!:D
     
  9. rem870hunter

    rem870hunter Member

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    i take atleast 1 of my sons at times when i go,he wear the neccesary orange, he carries no firearm. but knows how to use mine just in case.
     
  10. huan

    huan Member

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    The only thing I can think of that might be an issue is some State Trust Land is restricted access unless you have written permission (your hunting license is considered a valid permit) to be there. Several places in Arizona are like that anyhow. I'm not too familiar with other states.
     
  11. Sinixstar

    Sinixstar member

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    You know she reads this right? :evil:
     
  12. Sinixstar

    Sinixstar member

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    My dad took me out for a few years without carrying anything. Got me used to being out there, being around deer, and learning the area before having at it.
    Pretty good thing to do I think...
     
  13. Bill2e

    Bill2e Member

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    IMHO everyone should be licienced. That money SHOULD go back into helping our outdoor resources. They are participating and should pay the nominal license fee like everyone else.
     
  14. Art Eatman

    Art Eatman Administrator Staff Member

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    Bill2e, I agree in principle, but let's don't push that one very hard, okay? And, the reasoning is off-topic...

    Art
     
  15. mcwjr13

    mcwjr13 Member

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    You may want to mention to your friend that he needs to have completed the states hunter safety course or have gotten his one year exemption. Of course this depends on his age.
     
  16. ojibweindian

    ojibweindian Member

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    In Alabama, the definition of hunting, found in the Alabama Regulations Relating to Game, Fish, and Fur-Bearing Animals is as follows:

    So, in Alabama, anyone wanting to help in dragging my deer out would have to buy a liscense
     
  17. buck460XVR

    buck460XVR Member

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    In Wisconsin, unlicensed partners can accompany and assist a hunter, but cannot carry a weapon. If they call for Turkey or Waterfowl, even if they don't have a weapon, they must have a license if they are calling for another hunter.
     
  18. moosehunt

    moosehunt Member

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    Think about this a minute--regarding the carrying of a gun in the field. With the exception of a few states such as MA, NY, perhaps a couple of others, the second amendment of the US Constitution allows people to pocess firearms. It does not specify "except in the woods", and it doesn't say "provided they have a hunting license". Consequently, I believe it is legal for an unlicensed person to be carrying a firearm while in the woods, the illeagal aspect only applying if they were to attempt to shoot a protected animal. I pushed the issue once in CO. I was with a friend who was hunting (legally). I had no license, but did have a gun. A game warden checked us and was all upset with me, going to write a citation. I brought up the second amendment issue, said go ahead and give me a ticket, I'm sure I'll beat it in court. He thought about it awhile, decided I was right, no ticket. Of course he emphasized that I couldn't shoot at game, I agreed. Case closed. Now there may be states with exception rules to this, but they also may be unconstitutional rules.

    As to the original question, I suggest that one best check individual state regs regarding helping a hunter, but again, just being in the woods? No way can that be illegal. As to wearing the required orange, only an idiot wouldn't wear it, but if they are not hunting, it can't be forced on them. There may be such, but I never have heard of a state that has a law that states that any person venturing in or near the woods, even during hunting season, must wear orange--they may advise it, but it's not law. For a state to say that an unlicensed person can't be in your company while you are hunting would be the same as saying that no unlicensed person may enter a potential hunting area (I'm referring to public land here, i.e. NFS or BLM) at any time during the hunting season. I don't think so! Those lands do not become "licensed hunters only" land during the hunting season. Helping a hunter is a different matter, depending on state.
     
  19. wyocarp

    wyocarp Member

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    It would be wise to wear orange if you are knowingly in an active hunting area even if it isn't the law, but only hunters have to wear it.

    It is legal to carry a gun where it is legal to have a gun, including national parks now, so long as you are not hunting.

    As for the girlfriend thing. I think that is legal as well. But not all things are prudent. It works for me as long as the girlfriend continues to be my wife.
     
  20. moosehunt

    moosehunt Member

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    Just a suggestion, but if you take your girlfriend, be very selective about your trophy photos (and careful about who you show them to!).
     
  21. mp510

    mp510 Member

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    In many states, carrying a gun in a hunting area is prima facie evidemce pf hunting- whether you are there to stalk and shoot animals or are just carrying a gun.
     
  22. bejay

    bejay Member

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    while you have the right to carry a gun even if not hunting, but most any game warden is gonna have a problem with it if you do not have a license or permit and would issue a ticket for hunting game without a license while it could probably be beat in court you would probably spend alot more than just paying the fine to begin with wich usually isnt much however if it was a large fine or loss of hunting rights you would probably see it challenged in court much more often.
    totally diasgree believe most states outdoor resources have been mismanaged just to get more revenue in permit sales to begin with.
     
  23. CoRoMo

    CoRoMo Member

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    My state requires a type of "wilderness access stamp" be purchased by anyone who plans to go hiking, camping, etc. However, I've never witnessed it being enforced.
    It would have to be purchased and carried for anyone helping or guiding on a hunt.
     
  24. PryItFromMyColdDeadHands

    PryItFromMyColdDeadHands Member

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    In Georgia they can......I think.
     
  25. wyocarp

    wyocarp Member

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    Okay, this happened last fall. My son and I were out shooting gophers on the opening day of antelope season for the area we usually shoot gophers in. That day, we took our large bore lever guns as we were going to be going bear hunting a couple weeks later and were getting familiar with them again.

    I stopped to look at a fox on the side of the road and had stepped out with my rifle. I had my binoculars on my chest, an orange camo hat on, and my rifle in my hand.

    At that very moment, a game warden pulled up behind us and got out. Everything about my truck said, "WE ARE HUNTING." His first question was, "Are you hunting?"

    My response, "No."
    Warden - "You aren't hunting?" (while looking around at the truck and us)
    Me - "Nope."
    Warden - "What are you doing, if you aren't hunting?"
    Me - "Shooting gophers."
    Warden - "It's opening day for antelope in this area."
    Me - "I know. But I'm not shooting antelope."
    Warden - "Okay (grudgingly), be safe."


    Bottom line, if it isn't illegal, don't be bullied. I actually thought this encounter was pretty funny.
     
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