General Categories > Laws and Legislation
CCW while hunting
barmandr:
--- Quote from: DR4NRA on November 15, 2015, 11:00:59 AM --- Bud there is a little quirk to that reg.
I can legally hunt coyotes and other small game with centerfire handgun or rifle as long as I have a firearm deer tag for that unit and as far as I know the magazine restriction only applies to weapons that are considered deer legal by game and parks regulations.
During any firearm deer season which permits hunting deer with rifles using centerfire cartridges, wild animals other than deer may be hunted only with a shotgun, .22 rimfire rifle, .22 rimfire handgun, or a smaller caliber rimfire rifle or handgun. This does not apply to the statewide muzzleloader season or to areas outside late firearm season unit boundaries. Hunters with valid (unfilled) firearm deer permits may hunt other animals with a centerfire rifle or centerfire handgun during the November firearm deer season in the management unit for which their deer permit is valid.
Rifle 22 caliber and above, 900 ft. lbs. of energy at 100
Handgun must deliver 400 ft. lbs of energy at 50 yards.
So I am carrying a 25.06 for deer, and a Glock 26 9mm for other critters or PD. The 25.06 is deer legal by definition. The Glock 26 in 9mm is not, but it and the magazine capacity are legal for all other small game hunting except birds and fowl.
I have a valid deer permit and firearm.
I have a valid small game hunting license with habitat stamp.
I have a concealed handgun not legal for deer, but legal for other game by regs.
I have a valid CHP for carrying the concealed handgun.
What law have I broken?
--- End quote ---
I'm aware of the quirk...bud. But the poster who asked the question stated he was hunting deer. Had he said he was hunting other wild game, then that quirk/loophole would apply, but he didn't. If he is specifically hunting deer, then the pistol holding more than 6 rounds is not allowed. Also, if you are hunting deer, you are hunting deer. Just because you may also shoot another animal if the opportunity presents is not how CO's look at it. The reg is designed to allow hunting of other species INSTEAD of deer during the deer season, not deer and other game simultaneously. It allows you as a coyote hunter to go hunt coyotes during the deer season. That is why you must possess an unfilled tag if hunting with a "deer legal" firearm. As I got this info from a CO, I'll trust his info.
Mntnman:
For the record, my .357 sig is legal for deer with Hornady 147 grain boolits having 422 ft/lbs at 50 yards with a 4 inch barrel. The question is, why would I be carrying a rifle if that is what I am using to hunt? I think you would get a ticket and have to prove your innocence in court.
If you have a 9mm, pretty hard to say you are hunting deer with a weapon outside of legal performance, but who knows?
tstuart34:
In another thread we all discussed the ft/lbs requirements. I made a call to the game and parks about it. I spoke with a gentalman about it and he said to his knowledge they had no way to check or would it be brought up unless you are obviously using something that was under the rule like a 22lr.
I am more then willing to call about this on Monday for the group but I feel like g/p will say they same on this... I think the autittude of the person has a lot to do with it also. Don't be a jerk and you will not have a issue.
I will make a phone call
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DR4NRA:
Actually its not the foot lbs. Its the total absurdity that a game warden would even think of ticketing me for a legal CCW handgun just because its a semi-auto.
Under that reading of the rule I could legally carry a S&W or Taurus 8 shot 357 Mag and be totally legal as its not a semi-auto, also I could legally use a 10 round magazine in a 7600 pump rifle since it is not a semi-auto.
The rule he cited has always been for rifles. I have carried a 1911 for the last 30 years out deer hunting and have never had a problem or a question about it.
But if the new G & P wants to nit pick, I will take the ticket and fight it. Or I will actually just buy an 8 shot revolver and they cant touch me since the law states only semi-auto. And I will renew my boycott of anything G&P gets 1 cent from.
Totally asinine interpretation of the law.
SS_N_NE:
A typical stupid gun control law.
If it is unlawful to use a certain firearm for certain hunting, then that is enough to limit use of those firearms.
That should not limit carry of defensive firearms. It is enough to specify lawful use for hunting without limit of possession. A hunter's right to self defense should not be limited by an activity (hunting) as long as an incorrect firearm is not being used (which would be the unlawful part).
Appears a "gun controller" slipped in some wording to stick it to the gun people and allowed as a concession to setting the hunting law. It is annoying that politicians are slipping in these subtle blocks to Constitutional Right.
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