Unlicensed Hunting Partner Questions

[bobcat]

What if my wife and I went out for a hike in September in an area where I would expect to find grouse and possibly a bear. I would carry a shotgun for the quick shot opportunities that might come if a grouse flushes. Would it be illegal to have my wife (with no hunting license) carry my rifle for me in case we did see a bear? I don't see why. She is not "hunting" bear. I am really not either, but I will sure shoot one if I get the chance, and I'm the one with the tag. Would she be charged with bear hunting if a game warden were to "catch" us? Or could he charge her with hunting deer out of season? or elk?

Sorry but I just don't see how one can be cited for carrying a gun in the woods. There is no law against it. To prove a person is hunting I would think they would have to see that person shoot, or attempt to shoot something. I should not have to explain why I am carrying a gun around in the woods, whether it is during a hunting season or not. Maybe I'm not a hunter at all but I'm afraid of snakes, and that's why I am carrying my 300 magnum. It shouldn't matter what the reason is, it is my right to carry a gun and that right is protected by the 2nd amendment.

[bucklucky]

I say go for it , if you get checked by a warden chances are he will give a citation have to go to court. You are hunting so I would have to say you have to abide by the hunting rules and regs. Court costs money and time. They will go by the book , not by the what ifs. My ruling on this case is guilty!

I personally wouldn't have a problem with it, but nowadays there isn't much for leniency anymore, its by the book. And with the statement Bscman had pretty much answers the question at hand.

And by the way, I do hunt yotes with a 300 min mag, its my gun of preference. POOF! no more yote!

[robodad]

My problem with this is that you are still "Presumed Innocent" the whole time you are sitting in the cell (and the cops are passing your rifle around admiring the craftsmanship of it and making bets as to weather or not that one will come up missing) and will remain that way until after the trial, are you willing to go through all that on principal ??

[MooseStock]

You would definitely be "Pushing the Limit"...........Les

[popeshawnpaul]

Presumed innocent...lol   

Our criminal system works on guilty until proven innocent.  While they say otherwise, everything about the process speaks to the fact that you are guilty until proven innocent. 

-When you are arrested you need to post a bail because you are a threat to the community...
-You must expend a lot of money to fight a charge against you and if you win they don't pay you back...
-You can be held in jail until you are found "innocent"...
-Newspaper and TV news agencies report the case and your name as if you have already done the charge...
-You lose your weapons and rights to weapons while a domestic violence case is pending...
-On a domestic violence case, you can't see your wife and/or kids for months while charges are pending, you must also move out of your home...
-If you are angry and instead of hitting your spouse you hit the door as we are taught not to hit women, you get charged with DV malicious mischief and a no contact order goes out because that door is half hers under community property rules, and you damaged her property so you go to jail and can't see your family for months, etc...
-You must oftentimes plea to a charge you didn't commit if you want out of jail or to see your family in quick fashion...
-Your property can be seized with many types of criminal charges.  You must fight to get that back as well in a separate proceeding.  The standard in that case is less than "beyond a reasonable doubt"...
-etc...

[saylean]

Interesting points guys. I was just wondering about all this, as I have an Irish buddy who has never gone hunting, wanting to tag along bear hunting...and a few other non hunters who want to see what the fuss is about.

Of course, I wouldnt run into any sort of trouble (to my knowledge) as non of them would have a gun on them.

I was really just wondering if they could come with me...but then I couldnt really figure out a reason why they couldnt.

[bucklucky]

As long as they arent packin a weapon There is nothing that could be done. I guess if you got the right warden they would find something though .

[saylean]

Think I am safe...

the guest would not have a weapon with them (no need for hunters orange since its bear), I would have all tags, legal crap, ...they wouldnt be covered in blueberry jam....

I would think the warden would be happy I am trying to introduce newbies to hunting..

But I know that is not why he/she is there. Guess I will find out if I get stopped.

[robodad]

Think I am safe...

the guest would not have a weapon with them (no need for hunters orange since its bear), I would have all tags, legal crap, ...they wouldnt be covered in blueberry jam....

I would think the warden would be happy I am trying to introduce newbies to hunting..

But I know that is not why he/she is there. Guess I will find out if I get stopped.

Be sure they have government issued legal documentation and identification !! 

[popeshawnpaul]

Without a weapon there should be no trouble. 

[bobcat]

Hmm...so what if a guy is hunting coyotes with his 300 win mag, he could be charged with hunting bears, or deer, or elk, or all of the above, without a tag?    

Are you guys saying that game wardens can just make stuff up and write people up for whatever they want, with no proof whatsoever?

If I am out coyote hunting and a game warden stops me and asks what I am hunting, is he going to assume I am lying when I say I am hunting coyotes?

We went out a couple months ago in Capitol Forest and called in and killed a coyote. My friend and I were both carrying 270's. Could we have been charged with hunting bears out of season? There is a good chance a bear could have come in to the call, and isn't a 270 too big for coyotes?

Man there are so many different scenarios I could come up with but to me it is not illegal to carry a gun in the woods so I will continue to do so and won't worry about some game warden writing me up for hunting something that is not in season, and/or that I don't have a tag for. From some of these posts it sounds to me like I'm living in a communist country.   

[popeshawnpaul]

From some of these posts it sounds to me like I'm living in a communist country.   

Just sounds like you have never been raked through the coals of our criminal justice system.

I think it comes down to common sense.  If you have a gun and you are hunting with a guy that is clearly bear hunting, that's suspicious.  If you are like my brother and you are hunting coyotes with a 7mm mag on the opening day of deer season, it's a bit suspicious.  It all depends on the scenario.

[robodad]

From some of these posts it sounds to me like I'm living in a communist country.   

Just sounds like you have never been raked through the coals of our criminal justice system.

I think it comes down to common sense.  If you have a gun and you are hunting with a guy that is clearly bear hunting, that's suspicious.  If you are like my brother and you are hunting coyotes with a 7mm mag on the opening day of deer season, it's a bit suspicious.  It all depends on the scenario.

I agree and if you do it make absolutely sure that is the only thing they can question you about because you WILL be eyeballed up one side and down the other looking for the smallest reason to get you guaranteed "Good luck"

[bucklucky]

Just stating facts man, just the facts

[Bscman]

Hmm...so what if a guy is hunting coyotes with his 300 win mag, he could be charged with hunting bears, or deer, or elk, or all of the above, without a tag?    

Are you guys saying that game wardens can just make stuff up and write people up for whatever they want, with no proof whatsoever?

If I am out coyote hunting and a game warden stops me and asks what I am hunting, is he going to assume I am lying when I say I am hunting coyotes?

We went out a couple months ago in Capitol Forest and called in and killed a coyote. My friend and I were both carrying 270's. Could we have been charged with hunting bears out of season? There is a good chance a bear could have come in to the call, and isn't a 270 too big for coyotes?

Read the regs!
It specifically states that you CANNOT hunt coyote/small game with a firearm .24 or larger in caliber during an open modern firearm or deer or elk season, unless you have a modern firearm deer/elk/bear/cougar tag.

So in this example, YES you are breaking the law hunting 'yotes with a .300winmag GIVEN the restrictions above.

I wouldn't want to test the law and end up in court either (unless I had a lot of money for lawyer fees).  But the way I read the definition of hunt, I don't see how you could say that the unlicensed guy with the gun is hunting unless he is trying to "kill, injure, capture, or harass a wild animal or wild bird" himself.  He is just keeping the hunter company and there to help pack meat if needed.  If he is carrying a gun for self protection, that is not really hunting.

You might not *actually* be hunting, but you are with someone who is actively hunting...you're in the woods, with a buddy, pursuing bear. You also have a rifle.

I'm with popeshawnpaul on this one...it would look awefully suspicious to the warden!
I would question you without hesitation. If I saw it while in the woods, I'd probably report it. More often than not, activities like that are very shady--not on the up and up.