CCW while hunting

[blind_hunter]

Heard a bunch of duck blinds got checked by wardens last week. Wasn't there personally, but it got me thinking because I usually CCW while hunting. 

I know that I would have to declare to the wardens (officers) that I was carrying...my question is whether there are any law or game regulation that prohibits carrying while hunting.

Appreciate any feedback.

[RobertH]

you cannot CCW while archery hunting.  i would like to see that part of the law change but the G&P doesn't seem to want to change it.  i think they are afraid that people will use their archery permit to shoot a deer with a pistol, which sounds pretty silly.

[tstuart34]

you cannot CCW while archery hunting.  i would like to see that part of the law change but the G&P doesn't seem to want to change it.  i think they are afraid that people will use their archery permit to shoot a deer with a pistol, which sounds pretty silly.

They will do it anyway.

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[Mntnman]

They will do it anyway.

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Yep.

I wonder if you can get fined if you are carrying a handgun that holds more than 6 rounds while rifle hunting, even if you aren't using it to hunt.

[DR4NRA]

Yep.

I wonder if you can get fined if you are carrying a handgun that holds more than 6 rounds while rifle hunting, even if you aren't using it to hunt.

NO

[barmandr]

NO

Why do you say no?  The regs state "Semi-automatic firearms capable of holding more than six cartridges are illegal"  There is no distinction between rifle or pistol.  ANY semi-automatic firearm is not allowed to be capable of holding more than 6 rounds violates the reg, whether a rifle or pistol.

[NE Bull]

I always cover my bases. During deer season, I carry a S&W .357 loaded with deer dropping capable rounds. It's for SD or mercy shot.

[HuskerXDM]

Can someone link to a source for the 'no CCW during archery season' rule? 

[DR4NRA]

Why do you say no?  The regs state "Semi-automatic firearms capable of holding more than six cartridges are illegal"  There is no distinction between rifle or pistol.  ANY semi-automatic firearm is not allowed to be capable of holding more than 6 rounds violates the reg, whether a rifle or pistol.

 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?

[DR4NRA]

Can someone link to a source for the 'no CCW during archery season' rule? 

Title 163 chapter 4

001.01B5 to hunt antelope or deer, under
authority of an archery permit while in
possession of, or having under control, any
firearm, or to hunt antelope or deer under
authority of a muzzleloader permit while in
possession of, or having under control, any
breech-loading firearm, except that this shall
not prohibit carrying a firearm within the
enclosed portion of a vehicle.

http://www.sos.ne.gov/rules-and-regs/regsearch/Rules/Game_and_Parks_Commission/Title-163/Chapter-4.pdf

[barmandr]

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?

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.

[Sandhillian]

If you want the regulation changed, contact your district rep on the Game & Parks Commission.

http://www.outdoornebraska.ne.gov/admin/commission/divisions.asp

[DR4NRA]

Received an email response from Duane Arp at game and parks, asst. supervisor of Law Enforcement.

You make reference: “even if the gun is not used for hunting”….?  I’m not sure how this can be determined in most instances. 

Yup, a conservation officer and his bosses cant determine that a totally concealed/holstered weapon while carrying a loaded deer rifle in the open at the same time, that the pistol isn't being used for hunting.

WTF over

[RobertH]

Received an email response from Duane Arp at game and parks, asst. supervisor of Law Enforcement.

You make reference: “even if the gun is not used for hunting”….?  I’m not sure how this can be determined in most instances. 

Yup, a conservation officer and his bosses cant determine that a totally concealed/holstered weapon while carrying a loaded deer rifle in the open at the same time, that the pistol isn't being used for hunting.

WTF over

perfect example on why it needs to go.  maybe the NFOA needs a state senator to rattle the cages and get a bill introduced to simplify and streamline things.

besides people who have CCW, are not the ones that will break the law (ie using a pistol to shoot a deer on an archery tag).

[Mntnman]

If you want the regulation changed, contact your district rep on the Game & Parks Commission.

http://www.outdoornebraska.ne.gov/admin/commission/divisions.asp

Yep.

At a minimum, I would like to see "no more than x rounds in the weapon" instead of "capable of". It can be a pain in the arse to find a mag or block one. People that want to break the law will regardless.

[barmandr]

Received an email response from Duane Arp at game and parks, asst. supervisor of Law Enforcement.

You make reference: “even if the gun is not used for hunting”….?  I’m not sure how this can be determined in most instances. 

Yup, a conservation officer and his bosses cant determine that a totally concealed/holstered weapon while carrying a loaded deer rifle in the open at the same time, that the pistol isn't being used for hunting.

WTF over

So, bud, It appears your response of "no" to the OP was incorrect as I said, huh?