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Author Topic: Legal question  (Read 4489 times)

Offline kglacken

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Legal question
« on: August 25, 2015, 06:20:24 PM »
Im heading out on a bow hunt for deer at the beginning of September. Ive seen bear sign in the area and would like to be able to reach out and touch one if I see one. SO here is my question.... Can I carry my rifle in the pickup with me? Obviously Im not going to carry it when im out hunting or hiking around looking for deer, but if we are moving to a new area, or out of the woods after the hunt, itd be nice to have incase we did see a bear a few hundred yards away. Is this illegal? I have heard yes and no. Curious what the other members here thought?
Also, how does this rule apply to having a shotgun in the pick up for grouse during bow season? We always see a ton of grouse during early season and itd be nice to use the shotgun instead of the bow.  :tup:

Offline vandeman17

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Re: Legal question
« Reply #1 on: August 25, 2015, 06:22:25 PM »
I don't see an issue with it and believe it is perfectly legal but will wait for someone else to chime in. I carry a shotgun in my truck while bow hunting.
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Offline Jonathan_S

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Re: Legal question
« Reply #2 on: August 25, 2015, 06:28:24 PM »
How could it be illegal to have a firearm in the vehicle?  I see where you're coming from but I can't imagine that's a thing...of course my advice might as well be received from the cat but still.

Carrying it around in the woods would be a little different...more room for interpretation etc.
Kindly do not attempt to cloud the issue with too many facts.

Offline Expedition Scout

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Re: Legal question
« Reply #3 on: August 25, 2015, 06:33:34 PM »
I do the same, carry a shotgun and rifle in the truck while bow hunting. Believe as long as you are not carrying a bow and firearm (rifle/shotgun) at the same time, you should be legal. I've taken many afternoons off from the stand to sit popular bear haunts.

If its illegal, I think you're in good company!  :twocents:
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Offline Man Tracker

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Re: Legal question
« Reply #4 on: August 25, 2015, 06:39:01 PM »
Legal.  Keep your bear tag handy.

Offline bobcat

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Legal question
« Reply #5 on: August 25, 2015, 11:53:23 PM »
There's no law that says you can't carry your bow and a rifle at the same time. What if you were in fact only hunting for bears at the time, and wanted to have the option of shooting a bear with your bow if you could get close enough, but using the rifle if you couldn't?

Or, doing just as you described, bow hunting for deer and rifle hunting for bears at the same time. You aren't required by law to leave the rifle in the truck. Although I do agree with what others have said, that a game warden might interpret it differently and write you a ticket.
« Last Edit: August 26, 2015, 12:12:50 AM by bobcat »

Offline Bean Counter

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Re: Legal question
« Reply #6 on: August 26, 2015, 12:07:34 AM »
If you're talking about your Arizona hunt in unit 27, you can carry a handgun while bow hunting.

You can also use a 30 round magazine on a rifle hunt, if you want  :o

Offline RadSav

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Re: Legal question
« Reply #7 on: August 26, 2015, 01:46:48 AM »
There's no law that says you can't carry your bow and a rifle at the same time. What if you were in fact only hunting for bears at the time, and wanted to have the option of shooting a bear with your bow if you could get close enough, but using the rifle if you couldn't?

Or, doing just as you described, bow hunting for deer and rifle hunting for bears at the same time. You aren't required by law to leave the rifle in the truck. Although I do agree with what others have said, that a game warden might interpret it differently and write you a ticket.

I believe you are required to leave the rifle in the truck during archery season if you are archery hunting deer or elk even with bear season open.  Guess you could say that you do not have a deer or elk tag, but you better not have the rifle in possession if you shoot a deer or elk!  Again, one of those poor written rules that lead to a lot of confusion.  Wish the state would clearly describe the rule and limitations.  Seems more and more you have to assume an awful lot to remain legal in this state.

Archery Regulations
1. Rules pertaining to all archery hunting
seasons:
a. New in 2015, mechanical broadheads
are legal to use for all archery hunting.
b.   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.
Modern handguns cannot be used
to hunt big game or dispatch wounded big
game during an archery, big game hunting
season.


Bear season is not considered an "Archery" season so as I was told my our local gamie it is ok when deer and elk is not open.  Or when you do not have a deer or elk tag in possession.  Meaning you are strictly bird or bear hunting.

I was even told it would not be advisable to shoot a grouse with my pistol during an archery only season.  Not exactly sure what that meant other than I probably shouldn't try it ;)
« Last Edit: August 26, 2015, 01:54:11 AM by RadSav »
He asked, Do you ever give a short simple answer?  I replied, "Nope."

Offline bobcat

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Re: Legal question
« Reply #8 on: August 26, 2015, 06:31:27 AM »
You're right, not sure what I was thinking. Maybe I was thinking of the often asked question on here of whether a person archery hunting for deer or elk could have a hunting partner who is carrying a rifle for bear.

Offline bowbuild

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Re: Legal question
« Reply #9 on: August 26, 2015, 08:24:55 AM »
I had a face to face with officer Cenci, and was told by him with several family witnesses that if you have a firearm (even in the truck) it would be a ticket........I said I would see him in court if he followed through.

Keep in mind it says "in the field" therefore to be charged with having a firearm in your vehicle, you are NOT in the field. To try to twist it any other way....... to have ANY firearm at any time, anywhere, you could be accused of hunting, and that is NOT going to fly in court.
« Last Edit: August 26, 2015, 08:31:53 AM by bowbuild »

Offline fireweed

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Re: Legal question
« Reply #10 on: August 26, 2015, 08:36:14 AM »
I had a face to face with officer Cenci, and was told by him with several family witnesses that if you have a firearm (even in the truck) it would be a ticket........I said I would see him in court if he followed through.

Keep in mind it says "in the field" therefore to be charged with having a firearm in your vehicle, you are NOT in the field. To try to twist it any other way....... to have ANY firearm at any time, anywhere, you could be accused of hunting, and that is NOT going to fly in court.

Don't believe anything anyone "tells" you--get it in writing.  And the writing on this needs definitions of "possession" and  "in the field"

Offline Bob33

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Re: Legal question
« Reply #11 on: August 26, 2015, 08:45:31 AM »
Having a rifle in your possession while archery hunting for deer or elk would violate WAC 232-12-054 which states "It is unlawful for any person to carry or have in his possession any firearm while archery hunting in the field during an archery season specified for that area, except for modern handguns carried for personal protection."

Having any firearm in your vehicle while bowhunting shouldn't result in a citation. I don't believe most reasonable people would interpret that as having it "in his possession while archery hunting in the field".

However, every officer and every judge is going to see each situation differently, based on several factors.

Personally, I would not have a problem keeping a rifle in my vehicle while archery hunting, nor using it to legally kill a bear once my archery equipment was put away.
Nature. It's cheaper than therapy.

Offline grundy53

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Re: Legal question
« Reply #12 on: August 26, 2015, 08:45:45 AM »
As long as it is in the truck you're fine. It is illegal to hunt from a motor vehicle so it would be pretty tough to prove you were in the act of hunting if it is unloaded and in your truck. They have to prove intent.

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Offline grundy53

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Re: Legal question
« Reply #13 on: August 26, 2015, 08:46:55 AM »
If you're talking about your Arizona hunt in unit 27, you can carry a handgun while bow hunting.

You can also use a 30 round magazine on a rifle hunt, if you want  :o
You can use a 30 round magazine on a rifle hunt here, too.

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Offline bobcat

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Re: Legal question
« Reply #14 on: August 26, 2015, 08:56:13 AM »
What if you're backpacking into the wilderness and want to hunt deer with your bow and bears with a rifle? Couldn't you carry both while on the trail hiking in to your camp site? You're not actually hunting at that point, simply transporting the rifle just as you would in a vehicle. If you happen to see a bear while hiking in, set the bow on the ground, now you're hunting bear. Or, you see a deer, lean the rifle against a tree and pursue the deer. You're now deer hunting and no longer in possession of a rifle.

 


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