Bowhunting and OC

Springfielddx40 · Sep 18, 2010

When I came out of the woods today there was a warden present. By the time he came over to my truck, my pistol was already put away, but he must have noticed the holster on my hip while I put the rest of my gear away. He said nothing. Thats it, I thought you hunters might want to hear this.

Motofixxer · Sep 18, 2010

Was that on public or private property? I was just reading last night about wardens and such. If your on private property and they come up to you, don't talk to them. Tell them to leave, if they don't, then call the sheriff dept etc and have them escorted off the property for trespassing. If on public, they still have to have the RAS and follow standard procedures.

JJC · Sep 18, 2010

Springfielddx40 said:
When I came out of the woods today there was a warden present. By the time he came over to my truck, my pistol was already put away, but he must have noticed the holster on my hip while I put the rest of my gear away. He said nothing. Thats it, I thought you hunters might want to hear this.

There's nothing in the regulations prohibiting OC'ing while Bow hunting. If fact I just sat through a Hunter Education class where a warden talked about handguns while hunting. According the warden stated it's legal, just have to make sure the firearm is not covered. (concealed).

I carry all the time while hunting. Bow and Rifle deer hunting. I make sure that the holster is on the outside.

I was OCing during this class, had a good chat with the warden during the break. Nothing was said about the Glock on my hip, in fact in our conversation it was mentioned that we need to get Doyle out of office.

JJC

Springfielddx40 · Sep 18, 2010

Motofixxer said:
Was that on public or private property? I was just reading last night about wardens and such. If your on private property and they come up to you, don't talk to them. Tell them to leave, if they don't, then call the sheriff dept etc and have them escorted off the property for trespassing. If on public, they still have to have the RAS and follow standard procedures.

Thats not true. If you are hunting, they can at any time ask to see your hunting license. I was hunting in a state forest.

metalman383 · Sep 18, 2010

I always carry while bow hunting. When walking out of the woods, long distance in pitch black, I feel much better with the 1911 on my side. I saw a lot of deer today, including a beautiful 8 point, unfortunately, none of them felt like getting close enough to allow me to drag them home! Maybe tomorrow.

littlewolf · Sep 18, 2010

what about CC on private property?btw got 2 nice doe's today

Springfielddx40 · Sep 18, 2010

CC on private is not allowed either. Don't you read the regulation book that comes with your license? Thats what its there for.

Motofixxer · Sep 19, 2010

Springfielddx40 said:
Thats not true. If you are hunting, they can at any time ask to see your hunting license. I was hunting in a state forest.

They can ask...but they have to have lawful permission to be on the property, then they can make a lawful order. If it's private...tell them to leave, but you better have permission to be there. I'm not saying that is the most calming approach. But it makes perfect sense to me. Open public land...thats different, then I wouldn't have a problem handing it over.

CUOfficer · Sep 19, 2010

Can you supply some legal citations for this information? As far as I know, you have to comply with the dnr anytime you are engaged in the act of hunting and they question you about your license. I would like to see some proof to concrete your statements.

duckdog · Sep 19, 2010

I would have to ask how they would know that you are hunbting on your land without first entering it? If they do enter without permission, they would be trespassing, IMHO. They can not just walk around on your land, hoping to find you doing something that may be illegal. Regardless, unless they actually see a crime being commited, I would think they would need a warrant to enter, unless permission is given. I will not give them that permission, but to each his own.

The DNR seems to think that they have alot more octane than they probably do. I also think that many, many people are fed up with thier antics. I know they are fed up where I live, and would loove to see them neutered and toned down a bit.

Nutczak · Sep 19, 2010

There was a warden in this area that would wait for guys to come out of the woods after hunting, and he would cite them for hunting after hours for the sole reason that their bow was not enclosed in a case. The judge in the county would then find these guys guilty of said crime.

There are no laws saying a bow must be enclosed in a case immediately upon close of hunting hours, but he would cite people anyways.
Imagine what he would do if he says a holstered firearm.
BTW, he is no longer a warden, the drug-planting set-up he committed ended his career, but with full retirement benefits.

pvtschultz · Sep 20, 2010

I always carry my revolver when bow hunting. The wolf/cougar/coyote/bear populations have gotten out of control in many of the areas that I hunt. I tried getting an answer from the DNR last year using their online chat forum but all that they said was to "consult local authorities regarding the legality of my actions".

littlewolf · Sep 20, 2010

Springfielddx40 said:
CC on private is not allowed either. Don't you read the regulation book that comes with your license? Thats what its there for.

State law permits you to cc in your residence and or business. My property is my residence and my business . dnr rules don't mention anything about location and are vague

Brass Magnet · Sep 20, 2010

I remember having a conversation a few years ago and IIRC, if you want to be in compliance with all the pertinant regulations you should just make sure to carry a pistol that is otherwise legal for hunting a species that is in season at the time. In other words, if there isn't a law stating that hunting two species at the same time is illegal, you are cool to do so. For example; you can bowhunt and hunt squirrels at the same time. So, if you had a pistol with a barrel length over the legal minimum, your OK.

I'm not saying it's illegal to OC for self defense while bow-hunting with a barrel length under the legal minimum, just that you may have to prove that you weren't hunting with it.

I don't have any cites handy for this so take it with a grain of salt.

professor gun · Sep 20, 2010

Nutczak said:
There was a warden in this area that would wait for guys to come out of the woods after hunting, and he would cite them for hunting after hours for the sole reason that their bow was not enclosed in a case. The judge in the county would then find these guys guilty of said crime.

There are no laws saying a bow must be enclosed in a case immediately upon close of hunting hours, but he would cite people anyways.
Imagine what he would do if he says a holstered firearm.
BTW, he is no longer a warden, the drug-planting set-up he committed ended his career, but with full retirement benefits.

In the past there was a regulation that the bow had to be in a case outside of legal hunting time, but that was changed a while ago. My understanding is that per current regulations you cannot have an arrow nocked on the bow when hunting time is closed.
I open carry at all times when in the woods including bowhunting.

phred · Sep 20, 2010

Brass Magnet said:
I remember having a conversation a few years ago and IIRC, if you want to be in compliance with all the pertinant regulations you should just make sure to carry a pistol that is otherwise legal for hunting a species that is in season at the time. In other words, if there isn't a law stating that hunting two species at the same time is illegal, you are cool to do so. For example; you can bowhunt and hunt squirrels at the same time. So, if you had a pistol with a barrel length over the legal minimum, your OK.

I'm not saying it's illegal to OC for self defense while bow-hunting with a barrel length under the legal minimum, just that you may have to prove that you weren't hunting with it.

I don't have any cites handy for this so take it with a grain of salt.

For almost 40 years I have used the same "philosophy" about hunting a particular specie with a "legal" gun, ie minimum barrel length, caliber, etc. And , even having a hunting license on me when I really wasn't "hunting" (unprotected animals and such).

Now, I don't care about it at all. I hunt with my bow and protect myself with whatever sidearm I want to. I simply invoke Art 1, Sec 25, the defense and security part. The warden would have to either see me shoot something illegally (with the firearm) or do a forensics study on the carcass to prove illegal use of a particular firearm.

Now, that is not the case in Minnesota. A bow hunter cannot possess a handgun concurrently while bow hunting deer or bear, even if they have the CC permit.

Interceptor_Knight · Sep 20, 2010

professor gun said:
In the past there was a regulation that the bow had to be in a case outside of legal hunting time, but that was changed a while ago. My understanding is that per current regulations you cannot have an arrow nocked on the bow when hunting time is closed.
I open carry at all times when in the woods including bowhunting.

All the Code states is "hunting". The burden is upon the warden to prove that you were hunting with or without the arrow nocked....

Captain Nemo · Sep 20, 2010

remember:
The right to keep and bear arms Article I section 25 does not refer only to firearms.

professor gun · Sep 20, 2010

Interceptor_Knight said:
All the Code states is "hunting". The burden is upon the warden to prove that you were hunting with or without the arrow nocked....

The presumption is that if you have an arrow nocked on your bow, you are hunting. I have been so advised by different conservation wardens. Any of you want to go through being the test case on that, feel free.

phred · Sep 20, 2010

Captain Nemo said:
remember:
The right to keep and bear arms Article I section 25 does not refer only to firearms.

When I am bow hunting, the hunting rules apply. When I am carrying a firearm (or whatever) (for security and defense), Article 1, Sec 25 applies.

Another possible conflict exists if a hunter has a loaded firearm within the 50 ft of the center line of the road. If the hunter is hunting, then the action is illegal. If the person is not hunting, just walking along the road or even just standing along the road, the warden would have to prove that the hunter was actually hunting, i.e taking a shot at an animal.

It is quite possible that some past citations could be questioned.

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