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Thread: open carry while hunting

  1. #1
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    Talked to a game warden today asked about scouting for hunting sites

    he informed me to leave gun at home? i said what about protection in the field?

    well he said if they think your hunting you will get a ticket?

    what is the real law on this?

    and how can you prove your not hunting just scouting?

    i really think going in the field without a weapon is stupid...

    ps i am in Maine






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    This is what theOhio Department of Natural Recoursestells us. Ours is very clear.

    [font=""]Concealed Carry: Ohio[/font]

    A person possessing a valid Ohio issued Concealed Carry license may carry their concealed weapon but it may not be used to shoot, shoot at, or kill any wild animal.

    We may also open carry in the State of Ohio.

    This is what I found on the Maine RevisedStatutes:

    B. A person may not carry firearms of any kind while hunting any species of wildlife with bow and arrow during the regular archery-only season on deer, except that a person who holds a license that allows hunting with firearms may carry a handgun. This paragraph may not be construed to prohibit a person who holds a valid permit to carry a concealed firearm pursuant to Title 25, section 2003 from carrying a firearm. [2007, c. 163, §2 (AMD); 2007, c. 163, §3 (AFF).]


    B. A person may not, while in or on a motor vehicle or in or on a trailer or other type of vehicle being hauled by a motor vehicle, have a cocked and armed crossbow or a firearm with a cartridge or shell in the chamber or in an attached magazine, clip or cylinder or a muzzle-loading firearm charged with powder, lead and a primed ignition device or mechanism, except that a person who has a valid Maine permit to carry a concealed weapon may have in or on a motor vehicle or trailer a loaded pistol or revolver covered by that permit. [2005, c. 477, §9 (AMD).]

    Both of these are found here:
    http://www.mainelegislature.org/legi...tes/search.asp

    It is pretty clear to me ("This paragraph may not be construed to prohibit a person who holds a valid permit to carry a concealed firearm"). I think the Game Warden needs to check the laws.

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    Seems totaly legal to me, but who am I.

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    Don't know about Maine, but NC is a lot like that. I thought they fixed it, but seems they only made it more confusing. I can carry OC or CC in Walmart, but not in the woods. Only the Gov can see the "usefulness" of a law like that.

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    Lone Star Veteran Gator5713's Avatar
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    This is ONLY my OPINION on the matter, but....
    I would think that carrying a pistol only while 'scouting' for a hunting spot (assuming off-season) that common sense would say that the pistol was for personal protection (against snakes/varmints/etc) as opposed to being for actual 'hunting' as pistols are not 'normally' used for hunting... Now, if you were carrying a rifle I could see 'intent to hunt'....

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    Buy a small game license and claim you were hunting whatever was in season.

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    Quaote by Gator5713:

    "This is ONLY my OPINION on the matter, but....
    I would think that carrying a pistol only while 'scouting' for a hunting spot (assuming off-season) that common sense would say that the pistol was for personal protection (against snakes/varmints/etc) as opposed to being for actual 'hunting' as pistols are not 'normally' used for hunting... Now, if you were carrying a rifle I could see 'intent to hunt'...."


    Boy are you WAY OFF base...I bet there are thousands of hunters out here that hunt with hand guns.The righthand gun will drop a deer, bear, or just about anything else here inNorth American. Actually, I would think that hunting with a hand gun ranks right up there with bow hunting.


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    Regular Member Thos.Jefferson's Avatar
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    If your weapon is in an unfired condition then that should be proof you are not hunting. Seems as though if you also didn't have a hunting license on your person then that would be further proof of only scouting.
    He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent which will reach to himself. -- Thomas Paine (1737--1809), Dissertation on First Principles of Government, 1795

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    Thos.Jefferson wrote:
    If your weapon is in an unfired condition then that should be proof you are not hunting. Seems as though if you also didn't have a hunting license on your person then that would be further proof of only scouting.
    You must not have spoken to many game wardens! In my own experience about 1 out of 10 wardens is a really great person who actually cares about their job...The rest failed to be hired as cops and relish any excuse to give someone a hard time. Telling them to pack sand (while entertaining) isn't advisable as they will take extreme offense to it where the normal leo would react as if you had said "good morning". On many occasions I have instructed wardens on the law citing from the state regulations pamphlet (on the riverbank or boat)and talked myself or others out of tickets, if they can't keep the fish/game laws straight I wouldn't expect them to know how to tie their own shoes let alone weapon laws.

    @OP, it sucks but if the local wardens are going to be a pain about it I would just CC (with a CPL of course)until you can get enough information in their hands to show proof that you are within your rights.

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    Lone Star Veteran Gator5713's Avatar
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    FrankC wrote:
    You must not have spoken to many game wardens! In my own experience about 1 out of 10 wardens is a really great person who actually cares about their job...The rest failed to be hired as cops and relish any excuse to give someone a hard time.
    I'm not sure about Washington, but here in Texas the Game Warden is ABOVE regular 'cops' in the law enforcement 'caste system'. It is much MUCH more difficult to become a Game Warden than it is to become a 'cop'!
    (No, this is not a 'bash' against 'regular' LE, just a reference...)

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    It's the opposite here, I've had to show pictures to wardens to show them where they were wrong in their ID of a fish they were about to ticket me for. I've gotten the lecture bs about how wrong I am and how many tickets they can write me blah blah...When I offer them their own regs book to help cite me they lose interest every time but they still generally want to run their mouth, this being an ideal time for me to tell them to pack sand (lol) and ignore them. It's too bad really as I have met some of them who were really great guys.

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    This comes from the Maine Statues.

    B. A person may not carry firearms of any kind while hunting any species of wildlife with bow and arrow during the regular archery-only season on deer, except that a person who holds a license that allows hunting with firearms may carry a handgun. This paragraph may not be construed to prohibit a person who holds a valid permit to carry a concealed firearm pursuant to Title 25, section 2003 from carrying a firearm. [2007, c. 163, §2 (AMD); 2007, c. 163, §3 (AFF).]

    Am I missing something?

    It clearly says "This paragraph may not be construed to prohibit a person who holds a valid permit to carry a concealed firearm pursuant to Title 25, section 2003 from carrying a firearm . [2007, c. 163, §2 (AMD); 2007, c. 163, §3 (AFF).]"

    I didn't make this up. This is the Law in Maine. I think you should copy this from the site I posted above and carry it with you. As much as any LEO might like to make up his own law, I am pretty sure that he is not allowed to. Just because he is misinformed and wears a badge, does not make him right. You might want to find out who is the Regional Head of you area and bring it to his attention, that his Officers are unaware of the actual law. Direct him to the proper site if he is unaware of the law. I will say this though, I seriously doubt they do not know this is legal. The Game Warden was probably just trying to push his personal opinions upon you. A law like that is usually pretty well known by them. Just because the Game Warden doesn't like it, if it is legal, you may still exercise your Right to carry. Don't just let them push you around and make up their own rules.

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    Here is the direct link.
    http://www.mainelegislature.org/legi...2sec11403.html

    Department of Inland Fisheries and Wildlife has this to say in their rule book:
    A handgun may be carried by licensed* hunters while bowhunting but may not be used to dispatch deer. (*License to hunt with firearms.)

    I called the Maine - Officer of the Revisor of Statutes (207) 287- 1650. I was connected to the Wildlife Division. The woman didn't want to admit it but after much proding, she told me that it is legal to carry your firearm for protection while scouting for game animals. She acted like she didn't want to tell me. I just kept harassing her until she broke down. She said that you had to have a license to hunt and a permit for deer if it was during the deer season. In the next breath she told me that you didn't need those things if you had a concealed carry permit. I asked her, since it was legal in the State of Maine to open carry a weapon, why would I need a deer permit, hunting license or CCP just to hike or scout for game with my personal protection weapon and she reluctantly agreed that I wouldn't. I think that they just want to sell license's

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    Haha, good job getting the info! That attitude seems to be frequently shared by the wardens here too, where they seem to feel that not admitting to the law makes them right.

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    NAPC wrote:
    Talked to a game warden today asked about scouting for hunting sites

    he informed me to leave gun at home? i said what about protection in the field?

    well he said if they think your hunting you will get a ticket?

    what is the real law on this?

    and how can you prove your not hunting just scouting?

    i really think going in the field without a weapon is stupid...

    ps i am in Maine




    I grew up in Maine, and a good friend of my father's is a game warden. I asked him the same question once, and he told me that carrying sidearm while scouting, whether it be out of season or if the person does not have a hunting license, is legal. Basically, he told me that you wouldn't be hassled unless you were carrying something like a .44 magnum with a scope on it. The rule of thumb is that if the gun is obviously set up for hunting, you will probably catch some hell for it. If you are OC'ing a 10MM Glock, they wouldn't be too worried about it.

    That being said, I wouldn't count on every game warden being as understanding, but all of the ones I ever met were very nice and intelligent people who had good intuitions for their job. Just don't carry a .454 Casull with a bi pod and you will be all set :P

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    Hendu024 wrote:
    Just don't carry a .454 Casull with a bi pod and you will be all set :P
    What if thats your standard carry weapon????
    I'm sure I could fashion a holster to accommodate a bipod!

  17. #17
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    Gator5713 wrote:
    Hendu024 wrote:
    Just don't carry a .454 Casull with a bi pod and you will be all set :P
    What if thats your standard carry weapon????
    I'm sure I could fashion a holster to accommodate a bipod!
    Well you can either choose to carry it and take a risk of catching some flak from the warden or you could carry something else during the scouting trip.

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    D_Weezy wrote:
    This comes from the Maine Statues.

    B. A person may not carry firearms of any kind while hunting any species of wildlife with bow and arrow during the regular archery-only season on deer, except that a person who holds a license that allows hunting with firearms may carry a handgun. This paragraph may not be construed to prohibit a person who holds a valid permit to carry a concealed firearm pursuant to Title 25, section 2003 from carrying a firearm. [2007, c. 163, §2 (AMD); 2007, c. 163, §3 (AFF).]

    Am I missing something?

    It clearly says "This paragraph may not be construed to prohibit a person who holds a valid permit to carry a concealed firearm pursuant to Title 25, section 2003 from carrying a firearm . [2007, c. 163, §2 (AMD); 2007, c. 163, §3 (AFF).]"

    I didn't make this up. This is the Law in Maine. I think you should copy this from the site I posted above and carry it with you. As much as any LEO might like to make up his own law, I am pretty sure that he is not allowed to. Just because he is misinformed and wears a badge, does not make him right. You might want to find out who is the Regional Head of you area and bring it to his attention, that his Officers are unaware of the actual law. Direct him to the proper site if he is unaware of the law. I will say this though, I seriously doubt they do not know this is legal. The Game Warden was probably just trying to push his personal opinions upon you. A law like that is usually pretty well known by them. Just because the Game Warden doesn't like it, if it is legal, you may still exercise your Right to carry. Don't just let them push you around and make up their own rules.
    http://janus.state.me.us/legis/const...01.htm#P14_946

    Section 16. To keep and bear arms. Every citizen has a right to keep and bear arms and this right shall never be questioned.
    Has this law been challenged on a constitutional basis yet? Sounds to me like the game warden is questioning the right to keep and bear arms. The question may surround the meaning of "keep" and "bear".

    I'm having a similar problem in Kentucky. It seems the state regulatory departments believe the state constitution don't apply to their "rules".

    http://opencarry.mywowbb.com/forum25/30672.html


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    Statesman wrote:
    D_Weezy wrote:
    This comes from the Maine Statues.

    B. A person may not carry firearms of any kind while hunting any species of wildlife with bow and arrow during the regular archery-only season on deer, except that a person who holds a license that allows hunting with firearms may carry a handgun. This paragraph may not be construed to prohibit a person who holds a valid permit to carry a concealed firearm pursuant to Title 25, section 2003 from carrying a firearm. [2007, c. 163, §2 (AMD); 2007, c. 163, §3 (AFF).]

    Am I missing something?

    It clearly says "This paragraph may not be construed to prohibit a person who holds a valid permit to carry a concealed firearm pursuant to Title 25, section 2003 from carrying a firearm . [2007, c. 163, §2 (AMD); 2007, c. 163, §3 (AFF).]"

    I didn't make this up. This is the Law in Maine. I think you should copy this from the site I posted above and carry it with you. As much as any LEO might like to make up his own law, I am pretty sure that he is not allowed to. Just because he is misinformed and wears a badge, does not make him right. You might want to find out who is the Regional Head of you area and bring it to his attention, that his Officers are unaware of the actual law. Direct him to the proper site if he is unaware of the law. I will say this though, I seriously doubt they do not know this is legal. The Game Warden was probably just trying to push his personal opinions upon you. A law like that is usually pretty well known by them. Just because the Game Warden doesn't like it, if it is legal, you may still exercise your Right to carry. Don't just let them push you around and make up their own rules.
    http://janus.state.me.us/legis/const...01.htm#P14_946

    Section 16. To keep and bear arms. Every citizen has a right to keep and bear arms and this right shall never be questioned.
    Has this law been challenged on a constitutional basis yet? Sounds to me like the game warden is questioning the right to keep and bear arms. The question may surround the meaning of "keep" and "bear".

    I'm having a similar problem in Kentucky. It seems the state regulatory departments believe the state constitution don't apply to their "rules".

    http://opencarry.mywowbb.com/forum25/30672.html
    You need to set them straight. If open carry is legal, I don't see how they can keep anyone from open carrying their personal protection weapon in the field. It really psesis me off when they try to "Change The Law" to conform to their own views.

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    Go hiking in the woods. Carry your gun.

    While you are hiking, take mental notes of good hunting areas. Come back with equipment legal for the season, and hunt.

    Who knows what is going on in your mind while you are walking in the woods with a legal firearm?





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    WheelGun wrote:
    Go hiking in the woods. Carry your gun.

    While you are hiking, take mental notes of good hunting areas. Come back with equipment legal for the season, and hunt.

    Who knows what is going on in your mind while you are walking in the woods with a legal firearm?



    Exactly. The goal of the game wardens is not to harass people carrying a gun that could be used for hunting when they don't have a permit or it's out of season. They have bigger fish to fry usually. I was simply saying before that if you carry a gun that has a scope on it or something like that, you may get stopped because they would have a legit reason to at least be momentarily suspicious. But in all reality, the odds of seeing a game warden really aren't that great, but it does depend on where you are at.

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    Of course, here in TX it is legal to carry most any 'long' gun, pretty much anywhere at any time... (thus why I am looking for a 'saddle rifle' at the moment..) But, you get 'caught' doing that after dark during deer season... Or in daylight off season in a huntable area... (most 'varmints' including hogs are best hunted at night with a spot light) Or during bow only season... You are likely to find yourself at least questioned...

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    In Wisconsin the warden said get a small game license and you are OK :celebrate

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    TAURUS24/7.40cal wrote:
    In Wisconsin the warden said get a small game license and you are OK :celebrate
    That sounds like a perfect time to tell him to pack sand! Why would you need any kind of hunting license to go hiking in the woods while carrying?

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    Like I said, anything to sell a license. :X

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