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Thread: OC while deer hunting

  1. #1
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    I have heard all sorts of different answers about what sort of special considerations there are pertaining to carrying during deer season, and I mean in the woods and most likely hunting or helping track a wounded animal. My pistol would most likely not be my primary weapon, ie I would also have a long gun with me. I figured all of you would be the most knowledgeable about the subject and thought I could probably get a quick concise answer here. Thanks

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    Michigan Moderator DrTodd's Avatar
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    Yes, it's legal. If you are going during the deer bow season, you need to have a cpl and you can't be attempting to take game w/ the pistol. If you are carrying w/out a cpl during deer firearm season in the "shotgun, handgun, black-powder firearms only area", make sure that the pistol is 1).35 caliber or larger, 2) capable of holding no more than nine shells at one time in the barrel and magazine combined, and 3) loaded with straight-walled cartridges.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    http://www.michigandnr.com/publicati...AL_4.13.07.pdf

    (4) Use in hunting, or, subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, possess afield in an area inhabited by wild birds and animals within the "shotgun, handgun, black-powder firearms only area" from November 15 to November 30, or use to take a deer during any firearm deer season in the "shotgun, handgun, black-powder firearms only area," a firearm other than:

    (a) A shotgun with a smooth or rifled barrel.

    (b) A .35 caliber or larger pistol capable of holding no more than nine shells at one time in the barrel and magazine combined and loaded with straight-walled cartridges.

    (c) A muzzle-loading rifle or black-powder pistol loaded with black-powder or a commercially manufactured black-powder substitute.

    (5) Injure, destroy, or rob the eggs of birds protected by the laws of this state or this order, or molest, harass, or annoy those birds upon their nests.

    (6) Possess or use an apparatus known as a silencer on a gun while hunting in this state.

    (7) Make use of a sink box or battery as these devices are defined by the United States fish and wildlife service.

    (8) Set afire or assist in setting afire a marshland or other lands for the purpose of driving out wild birds or wild animals, or take or attempt to take a wild bird or wild animal so driven out of a marshland or other land.

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    KEY word if you have HI CAP MAG ON your person guilty off to JAIL no hunt no fish no car no gun with or with out ammo

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    Michigan Moderator DrTodd's Avatar
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    And notice that HI CAP MAG would mean any that can hold more than eight. The law prohibits any that are "capable of holding more than nine shells at one time in the barrel and magazine combined".
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    Regular Member dougwg's Avatar
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    taxwhat wrote:
    KEY word if you have HI CAP MAG ON your person guilty off to JAIL no hunt no fish no car no gun with or with out ammo
    Unless you have a CPL.

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    IF you have CPL and hunting license both valid you may carry hi cap mag 8 in mag max cap 8 1 cambered if you hi cap mag loaded with 2 or 4 or 6 or 8 you use to hunt or Finnish of game you go to jail

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    Regular Member dougwg's Avatar
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    Do you have a medical reason for your inability totype coherent posts?

    I can't even understand what you're trying to say

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    Michigan Moderator DrTodd's Avatar
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    I believe that what taxwhat is trying to say is that, with a CPL, you may carry a concealed pistol while hunting (bow, rifle, shotgun, etc.) and the DNR regulations do not apply. Additionally, the DNR will not enforce any hunting provisions such as cartridge type or number of cartridges the pistol holds AS LONG AS YOU ARE NOT USING THE PISTOL TO TAKE GAME. However, if one chooses to finish-off game or in any way USES the pistol while hunting, then the limits placed upon type, size, how many, etc, would be applicable. Did I get that right, taxwhat?

    Also, open carry while hunting is allowed during those seasons where possession of a firearm is not prohibited for that particular kind of game and the firearm is carried in conformance of the restrictions imposed by the DNR for hunting that particular game animal during that season. For example, if I am hunting during duck season, not a CPL holder, and open carry my Glock 23, I could expect to be cited; only shotguns allowed. However, if I am a CPL holder under the previous scenario, and carry concealed, it appears I would be fine as long as I don't use my Glock to shoot a duck.


    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  10. #10
    Michigan Moderator DrTodd's Avatar
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    Oh, taxwhat is apparently also correct, if I understand his post, that if I am USING a pistol in any way in taking game and have a magazine that holds more than 8 cartridges (8 plus one in the chamber restriction), even if I have fewer than 8 cartridges in the magazine, I will be cited. Therefore, it's not the number of cartridges per se, rather the number of cartridges that can be loaded into the magazine and chamber combined that determines the violation. The punishment is huge: say goodbye to pistol, any vehicle involved, hunting privileges for many years, vast amounts of money, etc. The DNR does not mess around.

    Does this make sense??
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    DrTodd wrote:
    Oh, taxwhat is apparently also correct, if I understand his post, that if I am USING a pistol in any way in taking game and have a magazine that holds more than 8 cartridges (8 plus one in the chamber restriction), even if I have fewer than 8 cartridges in the magazine, I will be cited. Therefore, it's not the number of cartridges per se, rather the number of cartridges that can be loaded into the magazine and chamber combined that determines the violation. The punishment is huge: say goodbye to pistol, any vehicle involved, hunting privileges for many years, vast amounts of money, etc. The DNR does not mess around.

    Does this make sense??
    amen the class is over on this very nice job DrTodd

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    Regular Member dougwg's Avatar
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    Dr. Todd,

    That was also my understanding of the law. I was just confused by his post.



    taxwhat,

    I'm sorry if i offended you in any way as that was not my intent but rather to find out if there was a reason for your posting "style". You are not alone on this message board.

    Again, if I have offended you in any way, I apologize.

  13. #13
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    dougwg wrote:
    Dr. Todd,

    That was also my understanding of the law. I was just confused by his post.



    taxwhat,

    I'm sorry if i offended you in any way as that was not my intent but rather to find out if there was a reason for your posting "style". You are not alone on this message board.

    Again, if I have offended you in any way, I apologize.
    no need free and information speech

  14. #14
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    http://www.michigan.gov/dnr/0,1607,7...1578--,00.html

    As I read it the 8+1 rule only applies in the shotgun zone, as " the rifle zone, deer may be taken with handguns, rifles, bows and arrows, shotguns and muzzleloading firearms including black powder handguns. It is legal to hunt deer in the rifle zone with any caliber of firearm except a .22 caliber or smaller rimfire (rifle or handgun)." the only place where any mention of pistol caliber and bullet type or capacity is in the shotgun zone. I hunt on private property in the Upper Peninsula, which is the rifle zone, so those rules don't apply correct? Does it make a difference if I have my deer rifle for killing the deer but am carrying the pistol for personal protection? Where could one even find 8 round magazines for full size glock pistols? Also does being on private property change whether or not I can conceal the weapon while hunting without a CCW, I would assume since I am on private property I would be able to, is this correct? Probably not an issue as I plan on getting a thigh holster, but still would like to know.

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    cmdio wrote:
    http://www.michigan.gov/dnr/0,1607,7...1578--,00.html

    As I read it the 8+1 rule only applies in the shotgun zone, as " the rifle zone, deer may be taken with handguns, rifles, bows and arrows, shotguns and muzzleloading firearms including black powder handguns. It is legal to hunt deer in the rifle zone with any caliber of firearm except a .22 caliber or smaller rimfire (rifle or handgun)." the only place where any mention of pistol caliber and bullet type or capacity is in the shotgun zone. I hunt on private property in the Upper Peninsula, which is the rifle zone, so those rules don't apply correct? Does it make a difference if I have my deer rifle for killing the deer but am carrying the pistol for personal protection? Where could one even find 8 round magazines for full size glock pistols? Also does being on private property change whether or not I can conceal the weapon while hunting without a CCW, I would assume since I am on private property I would be able to, is this correct? Probably not an issue as I plan on getting a thigh holster, but still would like to know.
    DrTodd has it right ....This may help please remember MI-MDNR has rules and laws .......next Michigan AG-top state law enforcement officer ...........that all said if you are not a farmer with MDNR confirmation of crop damage I will wright in Jackson lock up

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    DrTodd wrote:
    Oh, taxwhat is apparently also correct, if I understand his post, that if I am USING a pistol in any way in taking game and have a magazine that holds more than 8 cartridges (8 plus one in the chamber restriction), even if I have fewer than 8 cartridges in the magazine, I will be cited. Therefore, it's not the number of cartridges per se, rather the number of cartridges that can be loaded into the magazine and chamber combined that determines the violation. The punishment is huge: say goodbye to pistol, any vehicle involved, hunting privileges for many years, vast amounts of money, etc. The DNR does not mess around.

    Does this make sense??
    This IS correct IF we are talking about the shotgun zone (most of the lower peninsula). However if we are considering the rifle zone, all of this goes out the window.

    The caliber and capacity requirements do not apply in the rifle zone as is confirmed here http://midnr.custhelp.com/cgi-bin/MiDNR.cfg/php/enduser/std_adp.php?p_sid=
    4yS_6abj&p_lva=&p_faqid=2676&p_created =1037036460&p_sp=cF9zcmNoPT
    EmcF9ncmlkc29ydD0mcF9yb3dfY250PTE2MiZwX3NlYXJjaF90 ZXh0PXJpZmxlIHp\
    vbmUgcGlzdG9sJnBfcHJvZF9sdmwxPTg3JnBfcHJvZF9sdmwyP X5hbnl_JnBfcGFnZT
    0x&p_li=


  17. #17
    Michigan Moderator DrTodd's Avatar
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    cmdio,

    You are correct, my post ONLY dealt with the shotgun zone, not the rifle zone. I think your statements/questions regarding open carry are all legal behavior during the firearm deer season in the "Rifle Zone Area". However, I am NOT an attorney and my opinion is not intended as legal advice. caveat utilitor!
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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