Firearm Possession Rule (Archery)

[Alan K]

So today I got burnt bad.  I went along with my step dad and step brother for their archery deer hunt to video it.  I had brought my rifle with me, and ended up having to leave it behind because of the interpretation of this rule.  I don't have any archery tags, and would solely be rifle hunting, so in my opinion this rule wouldn't pertain to me.  They were worried however about me having a firearm in the rig because a local had talked to a game warden and was told he couldn't carry a rifle in his vehicle for bear while he was archery hunting. That was pretty cut and dry as far as I could tell.  However, could they get in trouble themselves even though they have only brought their bows? The way I read it I am not archery hunting and I would be the one in possession of the firearm, so I should be fine as well as them. 

I'm venting about this a bit because we had a bear I could have easily shot, but left the rifle behind because we were unsure about this.     That was the best opportunity I have had at a bear, and what do you know I didn't have the damn rifle! We've been going out in the evenings after work and looking for them since the opener and hadn't gotten an opportunity. I just knew we were going to see a bear the day that I had to leave the rifle behind. . . Anyways, would we be okay with my bringing the rifle and only having rifle tags in my pocket if I were riding in the same pickup as an archer actively hunting?  Again, as far as I read it I should be able to, but the other hunters are paranoid and unsure.

[Alan K]

Here is the rule:

1. Rules pertaining to all archery:
a. 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.

I am obviously fine because I am not archery hunting, and in my opinion they should be fine as well because they are not in possession of anything other than their bows.  I am the one in possession of the rifle.

[Curly]

You are fine per the law.  However, if a game warden were to check you, he wouldn't believe your story and think you were lying about having the rifle for bear and give you and the others the 5th degree.  He shouldn't be able to write you are the others up for anything though.........but he might just to let you go to court and tell the story to the judge and see if he believes you.   In this state it seems that you're guilty unless you can prove otherwise........at least from the stories I've heard anyway.........I never get checked out in the woods.

[lokidog]

I would agree with your interpretation of archery hunter versus rifle bear hunter. 

I am sorry for your missed opportunity because of a fear of our law enforcement representatives possible interpretation of a game law.

I am not an LEO but it seems that if you are not carrying both a bow and a rifle on your person, you would be fine.  In the vehicle, for sure as you are not "hunting" WHILE IN YOUR RIG.

[Curly]

BTW - take the rifle with you next time.  You know you are following the law.  Just be prepared to answer a bunch of questions if you get checked. 

Hopefully Bigtex can chime in here because he should be able to answer this better.

[Hunterman]

You are good to go with your rifle..As long as you don't have an achery deer or elk tag on you,,you are not deer, or elk hunting your bear hunting..If Johnny Law gives you any guff,,tell him to pack sand..

Hunterman(Tony)

[bobcat]

I am not an LEO but it seems that if you are not carrying both a bow and a rifle on your person, you would be fine.  In the vehicle, for sure as you are not "hunting" WHILE IN YOUR RIG.

Exactly! Even if you were out walking/hunting you should still be fine, but especially since you were just in a vehicle, so you WERE NOT hunting. You were legal to hunt with a rifle for bear. You had a bear tag and that's all you need. Even if you also had a archery deer or elk tag, it doesn't matter. You are bear hunting and bear hunting is legal with a rifle. Makes me mad that some people interpret the law this way.

[Curly]

There was a story on here last year about a guy asking a warden that very question.  He wanted to go with his brother and carry a rifle for bear while his brother archery hunted for deer or elk and the answer from the warden was that they should just hunt separately.  It was a total b.s. IMO, but I remember reading it and being pissed at the warden's answer.

[Alan K]

BTW - take the rifle with you next time.  You know you are following the law.  Just be prepared to answer a bunch of questions if you get checked. 

Hopefully Bigtex can chime in here because he should be able to answer this better.

It will be with me in the morning for sure.  We're going to be there glassing that hole hard for the first hour or so of light.  He should be in there somewhere again, just crossing my fingers I get a second chance!

Oh, and my step brother tagged his first deer with a bow! About a 5" velvet spike, though the velvet pulled right off like a sock when he went to move him by the antler! He was pumped, and had I had the rifle on me we would have been packing the bear out and he wouldn't have had the opportunity for that 20 yard shot he came through on.  Maybe it was just meant to be today, hopefully tomorrow I get a second chance at getting my first bear!

[Alan K]

And had I been clearer on the rule before this afternoon I would have brought it along anyways, and explained that I was doing nothing wrong if approached by a warden.  I hadn't read the rule and just took my step dad's word for it.  After reading it over and over again and getting other people's opinions I think we're in agreement that I'm okay, and I know he feels terrible for making me leave it behind this morning. 

[bullcanyon]

I guess I read it differently than most.  I interpret field as out walking not driving too and from my hunting area.  I pack a gun in the truck all the time during archery season.  Always have and will until I get a ticket I guess.  I know that I will never use the gun in an unlawful manner and don't feel as though I could or should be ticketed. I could be 1000% in the wrong though.

[Curly]

I missed the part about you not bringing the rifle in the rig.  I assumed they didn't let you bring the rifle along in the field.  Sorry I read thru it too fast.  Yeah, that sucks that you didn't have it in the rig.

I think you would have been fine to have the rifle with you in the field while they are archery hunting.  You are not archery hunting, they are, but you are bear hunting.

[bullcanyon]

I also believe that if I had an archery tag in my pocket and wanted to go bear hunting with my rifle instead of archery hunting on a given day.  That i would not receive a ticket. The fine print says in the field archery hunting.  Well on that given day I wouldn't be archery hunting.  I'd be rifle hunting for bear.

[Alan K]

I guess I read it differently than most.  I interpret field as out walking not driving too and from my hunting area.  I pack a gun in the truck all the time during archery season.  Always have and will until I get a ticket I guess.  I know that I will never use the gun in an unlawful manner and don't feel as though I could or should be ticketed. I could be 1000% in the wrong though.

That's just the thing that pisses me off the most.  The overwhelming majority of true hunters do it the right way, yet they introduce this rule that screws so many honest hunters because I guess there are people out there shooting deer with a rifle and saying it was with a bow? (Bullet holes look much different than arrow holes too, how could an officer not be able to tell?)  Anyone who wanted to do something illegal hunting wise can get away with it 99% of the time since there is so little enforcement out there. It's practically an 'honor system' sport. The only people that these ridiculous rules screw are the honest hunters. 

[buglebuster]

It says while in the field. Your truck is not in the field. My buddy and I are going deer hunting Monday in a bear infested area and are bringing a rifle. If we are checked I don't know how they can give a ticket