Sidearm while muzzleloader hunting in Colorado?

[.455_Hunter]

Greetings!

My father and I are going for our first muzzleloader elk hunt in Colorado next weekend. We normally hunt draw-only 1st rifle season, but decided to try muzzleloader for a change of pace.

A few questions have developed...

Can you carry a modern handgun in a "hunting caliber" (like .44 Mag) during muzzleloading season?

Can you carry a modern handgun in a "defensive caliber" (like .38 special) during muzzleloading season?

Can you carry a replica revolver (like a 1858 Remington) during muzzleloading season?

Can you carry a replica single shot pistol (like Traditions Kentucky .50 cal) during muzzleloading season?

Can you use any of the above to finish wounded game?

Does possessing a concealed carry permit mean anything?

I just want to make sure we are following the "special" rules for the "special" season. Normally, during rifle season, I open carry a .41 Mag 657 and conceal a small .22 while hunting with a .30-06 or .338 bolt gun.

Any guidance or experience would be helpful.

Thanks,

Hunter

 

[gamestalker]

My Son and his friend are leaving for Colorado for an elk hunt this coming week. And after they finish the elk hunt they have a muzzle loader deer hunt that starts right after the elk hunt, the next day I believe. Anyway, from what they said, you can't have any CF weapon on you at all during the muzzle loader hunt in Colorado.

The best thing you could do is call the "Colorado Fish and Game".

GS

 

[MutinousDoug]

Unless things have changed lately, you can legally carry a pistol during the ML season only if you have a small game license and a small game season allowing handguns is open. CCW notwithstanding.
Years ago I used to carry a .41 mag with me after confronting a cougar during the bow season. After a few years, I down loaded to a .357. Now I just carry a .22 Bearcat.
It is illegal to shoot big game during the ML season with any handgun, cap and ball or cartridge, for any reason. If you claim self defense, you will have an opportunity to prove your claim in court.
The DoW will be skeptical of your intention to hunt small game with a .44 mag (in the unlikely event you happen to actually see an agent during the ML/bowhunting seasons).
Good hunting,
Doug

 

[Coltdriver]

First off call DOW.

Second the DOW does not trump the Colorado Constitution.

I can carry anything I want any time I want in any National Forest. I do not need a hunting tag to do this. I can open carry anything I want any time I want in Colorado (Denver excepted). If you have a Colorado CCW license then you can carry concealed in public and on National Forest or State land.

On private property you must have the permission of the owner to carry open or concealed and of course you need permission to hunt.

There is absolutely nothing in the big game brochure that in any way restricts what weapon you can carry regardless of the season. You get caught hunting with other than BP during BP season that is a whole other story.

You could, for instance, during BP season, be out in the national forest and come across a person who is plinking with their AR or their .22 or their 45 70. They could also be carrying any legal pistol or revolver as a sidearm. They are committing no crime.

Don't take my word for it, call DOW.

 

[rondog]

Can't hunt in CO with a black powder handgun as far as I know. That's what I was told in hunters safety class anyway.

 

[gamestalker]

Coltdriver has a good take on this, so it would be in your best interest to seek first hand information. It would be a real bummer if information I, or someone else gave you was incorrect, and it then you got gigged for it.

The only thing I would add, is I'm almost certain that you can't use a CF weapon to finish off a downed ML only game animal. But even then, I'm pretty sure that if it was in absolute self defense, you might win that one in court.

GS

 

[MutinousDoug]

First off, I have to say that my understanding of the current regulations is obsolete and Coltdriver is correct: you may carry any handgun you are legally able to carry in the state of Colorado while hunting.
Further, the "Division of Parks and Wildlife" makes this statement on their website:

"There is no such thing as a back-up sidearm during hunting season.You may carry a handgun with you during the act of hunting for personal protection but that is the purpose. There is no specific requirement for a legal handgun for personal protection (barrel length or caliber) except that it is in legal possession of the person under Colorado Law.

The use of a handgun to “put an animal down” would only fall into use during a rifle season and then the handgun must be in accordance with a legal method of take and meet the criteria listed in the interact​ive Big Game Brochure, i.e. At a minimum, it must have a four-inch barrel, fire an expanding bullet of .24 caliber (6 mm) or larger and use a load that produces a minimum 550 ft. pounds of energy at 50 yards. Shoulder stocks or other attachments are prohibited.

The manner of take is the important part here. During archery season, no firearm can be used as a legal method of take. During muzzleloading season, the only legal method of take is a black powder firearm. You cannot use a handgun to shoot an animal to “finish it off” in either of these two seasons.

The chart in the big game brochure is pretty good and is pretty explanatory if you look at it. I think the issue in some folks' minds is that they shot the animal with the legal manner of take but then they think it is better to, more humane to, “finish off the animal with a handgun." The animal is not considered “taken into possession” until it is dead and the manner of take used to harvest the animal must be the same as allowed by the license.

Sorry for the incorrect statement I made above.

Doug

 

[.455_Hunter]

First off, I have to say that my understanding of the current regulations is obsolete and Coltdriver is correct: you may carry any handgun you are legally able to carry in the state of Colorado while hunting.
Further, the "Division of Parks and Wildlife" makes this statement on their website:

"There is no such thing as a back-up sidearm during hunting season.You may carry a handgun with you during the act of hunting for personal protection but that is the purpose. There is no specific requirement for a legal handgun for personal protection (barrel length or caliber) except that it is in legal possession of the person under Colorado Law.

The use of a handgun to “put an animal down” would only fall into use during a rifle season and then the handgun must be in accordance with a legal method of take and meet the criteria listed in the interact​ive Big Game Brochure, i.e. At a minimum, it must have a four-inch barrel, fire an expanding bullet of .24 caliber (6 mm) or larger and use a load that produces a minimum 550 ft. pounds of energy at 50 yards. Shoulder stocks or other attachments are prohibited.

The manner of take is the important part here. During archery season, no firearm can be used as a legal method of take. During muzzleloading season, the only legal method of take is a black powder firearm. You cannot use a handgun to shoot an animal to “finish it off” in either of these two seasons.

The chart in the big game brochure is pretty good and is pretty explanatory if you look at it. I think the issue in some folks' minds is that they shot the animal with the legal manner of take but then they think it is better to, more humane to, “finish off the animal with a handgun." The animal is not considered “taken into possession” until it is dead and the manner of take used to harvest the animal must be the same as allowed by the license.

Sorry for the incorrect statement I made above.

Doug

Thanks Doug!

My call to the DOW confirmed the above. I guess the .41 Mag can go along for the ride without issue.