deer hunting with uncle from different state

[pashok23]

Hey guys.im going deer hunting this year with my two uncles from different state.none of them will have a deer tag except me, one of them is thinking to get his rifle for safety while we are in the woods.so the question is...is it legal to carry a gun in the woods during a modern season if you dont have any tags at all??? THANKS GUYS

[j_h_nimrod]

Technically do not think there is an issue, as long as he can posses a gun legally he can carry it in the woods. No law against it as long as he does not use it to aid in the hunt.

[bobcat]

I'm not sure I'd do that. While it's true that there's no law that says you can't carry a rifle during deer season unless you have a license and tag, in my opinion it would look really suspicious. It would be based solely on an officer's discretion, but I think it's likely that he could get cited for hunting deer without a license and tag.

[Bob33]

Legal but probably not wise. It will look suspicious.

[mazama]

Carry a pistol.

[ghosthunter]

Carry a pistol.

[hrd2fnd]

I can see where it would look suspicious.  But, as long as you and the others are respectful to the LEO and can communicate effectively as to why, all I see happening is a positive encounter.   

[Blacktail Sniper]

I'm not sure I'd do that. While it's true that there's no law that says you can't carry a rifle during deer season unless you have a license and tag, in my opinion it would look really suspicious. It would be based solely on an officer's discretion, but I think it's likely that he could get cited for hunting deer without a license and tag.

I would say that is a very real possibility.  If you are hunting and he is with you and armed with a rifle, you guys would be hard pressed to convince anyone he isn't hunting as well, regardless of what is really happening.   

They will likely take action based on what it appears is happening, and the old "Tell it the Judge," will apply. 

He may have a chance if the rifle were cased and not readily gotten to as a hunter would have it if game were suddenly seen, but then cased and out of easy reach defeats his need to have it ready for protection.

[12Gauge]

Two people deer hunting  and have correct tags, but three people are carrying rifles.  The person who do not have a tag has a very high possibility of being cited for hunting with out the proper tag or license.

It would be best for him to carry a pistol for personal protection.  Also consider the pistol being carried, a S&W .500 would look very suspicious.

[j_h_nimrod]

I have to laugh at all this.  Guilty until proven innocent. By most of your reasoning anyone in the woods during season (or I guess anytime really) looks suspicious and would likely be cited as hunting without a license, out of season, etc. 

It would be best for him to carry a pistol for personal protection.  Also consider the pistol being carried, a S&W .500 would look very suspicious.

If I were really concerned with personal protection in the woods, and did not grab a rifle instead, my .500 would be high on my list to grab.

[Hunterman]

You Uncle is more than likely going to get a ticket for hunting without proper tags and licenses. The prima-fascia evidence would say he's hunting. Just like if you have a spotlight in you truck (for repairs if needed) while your out hunting,  Johnny Law can write you up for "spotlighting".

By the way. If you have a rifle why does your Uncle need one for protection? Doesn't he trust you shooting ability to protect everyone?     

Hunterman(Tony)

[notellumcreek]

By the way. If you have a rifle why does your Uncle need one for protection? Doesn't he trust you shooting ability to protect everyone?     

Hunterman(Tony)

  

[Blacktail Sniper]

I have to laugh at all this.  Guilty until proven innocent. By most of your reasoning anyone in the woods during season (or I guess anytime really) looks suspicious and would likely be cited as hunting without a license, out of season, etc. 

It would be best for him to carry a pistol for personal protection.  Also consider the pistol being carried, a S&W .500 would look very suspicious.

If I were really concerned with personal protection in the woods, and did not grab a rifle instead, my .500 would be high on my list to grab.

Sad to say, but that is a very likely outcome during modern firearm seasons and when accompaning someone who is in the act of hunting. 

If it was enclosed in a case, locked in a trunk or some other way not easily brought into action if game were seen, you are right, there probably wouldn't be any issue.

Very few poachers are caught red-handed, in the act.  It boils down to, is it worth the risk of being ticketed? 

Here is another side to consider:

My out of state uncle wants to shoot a Blacktail, but doesn't want to buy an expensive, non-resident tag & license.

A. He has his own weapon, therefore has the ability to do so.  Hard to defend against if challenged.

B. He uses the licensed hunter's rifle and shoots it on the nephew's lic & tag.  Easiler to defend if not  in possession of his own weapon and not actually seen doing the shooting.

NOT SAYING THIS IS WHAT IS INTENDED ON HAPPENING!

But look at it from an outside perspective, ie WDFW.  He/she has two armed people, in the woods during hunting season, one licensed and one not.

Since we all know, people who commit ot attempt to commit crimes readily admit what they did or are planning to do when asked by a LEO, clearly there is no reason for the LEO to doubt your story that he is not hunting, but just wants it for protection?

If you feel it is not an issue, then no worries, good luck and hope you are right.  But consider the position you could be putting your uncle in if you are wrong, then act accordingly.

[lokidog]

I have to laugh at all this.  Guilty until proven innocent. By most of your reasoning anyone in the woods during season (or I guess anytime really) looks suspicious and would likely be cited as hunting without a license, out of season, etc. 

It would be best for him to carry a pistol for personal protection.  Also consider the pistol being carried, a S&W .500 would look very suspicious.

If I were really concerned with personal protection in the woods, and did not grab a rifle instead, my .500 would be high on my list to grab.

Unfortunately, that is how it appears that WDFW wardens work.  Given that, and it does look slightly suspicious (maybe different if we had grizzlies to worry about?), I would not have one of my friends carry a rifle that did not have a tag.  However, as another poster mentioned F them if they try to write me a ticket for "spotlighting" for having one in my truck that they have not seen me use or that I am using to fix a flat or something and happen to still have my rifle in the truck.   

[j_h_nimrod]

Just so it is clear, I am playing the devils advocate here.  I personally would not carry a rifle if I were along for someone else's hunt and did not have a license for something to hunt. I may carry a pistol but that would depend.

The point I am making is that there is no regulation prohibiting it so the LEO has no grounds for issuing a ticket unless there is further evidence supporting a violation. There are regulations (in some places, not sure in WA and don't feel like looking right now) against possessing a spotlight on your person or in the vehicle during a big game season so thereby that would be a violation even if it were a broken light.

I am just saying that in this case the burden of proof is sadly lacking and if the LEO were to make an issue of it and they were not a reasonable (reasoning) person issued a ticket then it should be an easy dismissal. At that point I am not sure what recourse is available for the wronged party (non-hunting gun bearer) but imagine there is something.  Though the legal umbrella LEOs carry is pretty big so there is probably little retribution that could be obtained.

It is kind of like saying that you head out in the boat fishing with a non-fishing friend and they get cited for fishing without a license because there is an extra rod in the boat.

[Hunterman]

In other words "Leave the rifle at home"

Hunterman(Tony)

[Hunterman]

In fact,,wouldn't this be a good place for ucwarden to chime in? Seeing he is a retired "Warden". He should be able to tell us if a Warden would write a ticket.

Hunterman(Tony)

[pashok23]

Thanks guys for reply's.i think the same thing it would look suspicious walking around with rifle during a deer season.ill just tell him to get a walking stick for protection  or just stay home

[Blacktail Sniper]

Just so it is clear, I am playing the devils advocate here.  I personally would not carry a rifle if I were along for someone else's hunt and did not have a license for something to hunt. I may carry a pistol but that would depend.

The point I am making is that there is no regulation prohibiting it so the LEO has no grounds for issuing a ticket unless there is further evidence supporting a violation. There are regulations (in some places, not sure in WA and don't feel like looking right now) against possessing a spotlight on your person or in the vehicle during a big game season so thereby that would be a violation even if it were a broken light.

I am just saying that in this case the burden of proof is sadly lacking and if the LEO were to make an issue of it and they were not a reasonable (reasoning) person issued a ticket then it should be an easy dismissal. At that point I am not sure what recourse is available for the wronged party (non-hunting gun bearer) but imagine there is something.  Though the legal umbrella LEOs carry is pretty big so there is probably little retribution that could be obtained.

It is kind of like saying that you head out in the boat fishing with a non-fishing friend and they get cited for fishing without a license because there is an extra rod in the boat.

Agreed in principle, but in the field on the side of the road, not likely to get reasoned out that way given WDFW's "write'em like they see'em" point of view.

More likely the "tell it to the Judge" and rifle or rifles taken, here are your citation(s) and court date(s)secenario, then your out of state uncle either has to stay here for months to resolve it, travel back & forth to resolve or just give up and take the loss, which depending on his resident state, may loose hunting prividledges there as well.  And that isn't counting the dollars towards an atty.

Read through some of RTSpring's threads about his encounter and the time and costs and losses, then see if it really is worth the risk.



Is it really worth all that potential trouble for your uncle, not to mention, since he is with you, you potentially could be charged with Aiding and Abbetting.

[pashok23]

THANKS BLACKTAIL FOR INFO