D
Deuce
Guest
My question is, can a non tag holder carry a firearm during any big game season? I know you can with concealed permits or upland seasons going on but, what about otherwise?
D
dleonard3
Guest
We live in the United States of America, and we have the right to keep and bear arms. However, in Utah, any area that has a hunt in progress is considered a "temporary game preserve" and you are only allowed to have the appropriate weapon in your possesion if you have a valid hunting license/permit for that area & season. There are exceptions for Law enforcement officers in the performance of their duty and as you said, a CCW permittee can be in possesion of a concealed weapon, an upland game hunter can be in possesion of a shotgun with bird shot. I assume .22 rifles for rabbits or varmint hunters with small caliber centerfire rifles would be O.K., but I'm sure if they were stopped there would be some interigation.
D
Deuce
Guest
Thanks, I know I had seen something about temporary game reserves but, could'nt find it again.
Foreman4x4
Very Active Member
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LAST EDITED ON Sep-05-10 AT 11:34AM (MST)[p]It's on page 37 of the 2010 Utah Big Game Handbook, which you can download from the DWR's web-page. I just looked at it this morning because I was wondering about hunter orange requirements for an upcoming hunt and it's in the same section.
T
TINEBROTHER
Guest
If you dont have a tag why cant you carry a gun? Far as I know hippies who dont hunt dont have to follow the rules of the proclamation... so if you met a hippie that liked to shoot a gun in the mountains would they have to know what season it is? Also... Coyotes are in season all year in most states... So you cant coyote hunt if another hunt is in session? 
>
>It is illegal, see above post. Let's say its not it would be like walking into a bank with a ski mask on. Not illegal but not a good idea.
Why do you want to? There's really no reason unless your up to no good. Unless your gonna shoot 22s in camp with the kids or something.
Why do you want to? There's really no reason unless your up to no good. Unless your gonna shoot 22s in camp with the kids or something.
txhunter58
Long Time Member
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LAST EDITED ON Sep-05-10 AT 03:02PM (MST)[p]Or unless there are grizzly bears in the area? Or what if you are hunting with someone and there is breaking news that a dangerous armed criminal is loose and headed into your hunting area?
txhunter58
venor, ergo sum (I hunt, therefore I am)
txhunter58
venor, ergo sum (I hunt, therefore I am)
>LAST EDITED ON Sep-05-10
>AT 03:02?PM (MST)
>
>Or unless there are grizzly bears
>in the area? Or what
>if you are hunting with
>someone and there is breaking
>news that a dangerous armed
>criminal is loose and headed
>into your hunting area?
>
>txhunter58
>
>venor, ergo sum (I hunt, therefore
>I am)
That falls under concealed weapon. If your packing a pistol in a grizzly bear area nobody will give you problems. There's no grizzlys in Utah though.
>AT 03:02?PM (MST)
>
>Or unless there are grizzly bears
>in the area? Or what
>if you are hunting with
>someone and there is breaking
>news that a dangerous armed
>criminal is loose and headed
>into your hunting area?
>
>txhunter58
>
>venor, ergo sum (I hunt, therefore
>I am)
That falls under concealed weapon. If your packing a pistol in a grizzly bear area nobody will give you problems. There's no grizzlys in Utah though.
txhunter58
Long Time Member
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Original poster didn't specify as to state, so I was not speaking about just Utah.
txhunter58
venor, ergo sum (I hunt, therefore I am)
txhunter58
venor, ergo sum (I hunt, therefore I am)
D
Deuce
Guest
Yeah, it was utah and like another poster stated better to err on the side of caution.
D
dleonard3
Guest
Just remember, you are "FREE" to do what you think is necessary to protect yourself from wildlife as well as wild people. But if you are carrying a weapon in an area where the authorities don't think you have a ligitimate reason to, it is like painting a big red bullseye on your chest. Your just begging for trouble and there are lots of badges more than willing to give it to you.
If you are an armed man in an area where an armed man is being chased, shouldn't you be more worried about the gung ho law enforcement officers thinking you are that guy?
In my opinion you shouldn't be plinking cans, varmint hunting, or target practicing - out of respect for the licensed hunters in the area. Do that somewhere that won't mess up someones hunt.
If you are an armed man in an area where an armed man is being chased, shouldn't you be more worried about the gung ho law enforcement officers thinking you are that guy?
In my opinion you shouldn't be plinking cans, varmint hunting, or target practicing - out of respect for the licensed hunters in the area. Do that somewhere that won't mess up someones hunt.
slamdunk
Moderator
- Messages
- 10,649
I have a friend who bought his wife a general elk tag and he went along with her. She packed the rifle and he had his .357 on his side.....He got nailed for carrying a firearm without a hunting permit. Yes he has a conceal permit, his handgun was not concealed.
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http://i764.photobucket.com/albums/xx290/slamdunk_04/E1x1BWINV1-2.jpg[/IMG]
A 357 mag is big enough to legally hunt elk with isn't it? I wonder if the type of pistol would change the outcome. Say he was packing a 357 mag smith and wesson revolver with a 9 inch barrel vs a springfield xdm 40? Would that change your mind on what his intent was?
ELKOHOLIC
Very Active Member
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Slam, I'm not doubting that your buddy told you that, but something is not adding up. A CWP alows you to "open carry" with a loaded gun. I don't see anywhere in the regs where it says it must be concealed. If you have your permit and your not using that weapon to take game, I would think you should be covered. I guess I'll have to check into it closer.
Igottabigone
Active Member
- Messages
- 203
The "temporary game preserve" definition does not apply to general season deer hunts. So, you can carry a firearm in the field during the rifle deer hunt even if you don't have a license. This is conditioned upon there being no other limited entry hunt in the area such as moose, mtn goat, etc. etc. Looking at the dates though, no other hunts coincide with the rifle deer hunt.
Although it is stated in the 2010 Utah Big Game Guidebook on page 37, as stated above, Utah's Uniform Laws specifically (53-5a-102) state,
"Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property."
Which basically means that the Utah DWR cannot create a law that prevents you from carrying a gun. State law overrides a DWR rule. This has been debated for a long time, but as far as I know, has never been tried in court. I think most folks would rather to just pay the fine than hassle with a legal battle, and the costs associated with it.
If you do your research, it is pretty clear that this DWR rule violates state law, and if you were to be ticketed (for example) for carrying a handgun on an archery hunt, you could fight it, and you would win. If you would like to go more in-depth than that, you can read all about it here.
Nocked N Loaded
"Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property."
Which basically means that the Utah DWR cannot create a law that prevents you from carrying a gun. State law overrides a DWR rule. This has been debated for a long time, but as far as I know, has never been tried in court. I think most folks would rather to just pay the fine than hassle with a legal battle, and the costs associated with it.
If you do your research, it is pretty clear that this DWR rule violates state law, and if you were to be ticketed (for example) for carrying a handgun on an archery hunt, you could fight it, and you would win. If you would like to go more in-depth than that, you can read all about it here.
Nocked N Loaded
"I have a friend who bought his wife a general elk tag and he went along with her. She packed the rifle and he had his .357 on his side.....He got nailed for carrying a firearm without a hunting permit. Yes he has a conceal permit, his handgun was not concealed."
Slammy, that is too bad for your friend. He should definitely not have been ticketed for that. I have done a lot of research on the Utah State laws that involve concealed carry, and concealed firearms permits (CFP), and he was definitely within his rights. No where in the Utah Code does it say that a concealed firearm permit holder is required to conceal it. In fact CFP holders are granted more rights with regards to open carry (ie they can legally carry fully loaded).
Nocked N Loaded
Slammy, that is too bad for your friend. He should definitely not have been ticketed for that. I have done a lot of research on the Utah State laws that involve concealed carry, and concealed firearms permits (CFP), and he was definitely within his rights. No where in the Utah Code does it say that a concealed firearm permit holder is required to conceal it. In fact CFP holders are granted more rights with regards to open carry (ie they can legally carry fully loaded).
Nocked N Loaded
slamdunk
Moderator
- Messages
- 10,649
>Slam, I'm not doubting that your
>buddy told you that, but
>something is not adding up.
>A CWP alows you to
>"open carry" with a loaded
>gun. I don't see anywhere
>in the regs where it
>says it must be concealed.
>If you have your permit
>and your not using that
>weapon to take game, I
>would think you should be
>covered. I guess I'll have
>to check into it closer.
>
Sorry for the confusion guys, my buddy did NOT have an elk permit but was packing a legal weapon during the season and sitting on the mountain wearing orange....his wife had the tag.
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>buddy told you that, but
>something is not adding up.
>A CWP alows you to
>"open carry" with a loaded
>gun. I don't see anywhere
>in the regs where it
>says it must be concealed.
>If you have your permit
>and your not using that
>weapon to take game, I
>would think you should be
>covered. I guess I'll have
>to check into it closer.
>
Sorry for the confusion guys, my buddy did NOT have an elk permit but was packing a legal weapon during the season and sitting on the mountain wearing orange....his wife had the tag.
http://i764.photobucket.com/albums/xx290/slamdunk_04/E1x1BWINV1-2.jpg[/IMG]
Zeke
Long Time Member
- Messages
- 10,603
I remember before the cc permits that you couldn't even have a gun in camp in Ut. My son and I were chased my 3 bears on an archery elk hunt. I had filled my tag so the only thing we had was his bow. He was still young at the time so I took his bow and was going to swing it like a bat. The bears were that close! They broke off the charge within 10". It was a sow with 2 long cubs. Very scary and when I told my wife she was angry that I had put our son in that tight spot. Opps......sorry.
Later I traveled to Az to hunt deer (archery) Quail and coyotes and was shocked and pleased to find out that I could have a bow, shotgun and rifle in camp! Sweet
I shot a small coues with my bow, quail with my shotgun and SHOULD HAVE BOUGHT A COUGAR TAG. I saw 2 cats!
Very fun hunt and way different than I was used to on my Ut hunts.
I happy to know more about my actual rights. Thanks for all the good info guys.
Zeke
Later I traveled to Az to hunt deer (archery) Quail and coyotes and was shocked and pleased to find out that I could have a bow, shotgun and rifle in camp! Sweet
I shot a small coues with my bow, quail with my shotgun and SHOULD HAVE BOUGHT A COUGAR TAG. I saw 2 cats!
Very fun hunt and way different than I was used to on my Ut hunts.
I happy to know more about my actual rights. Thanks for all the good info guys.
Zeke
travishunter3006
Very Active Member
- Messages
- 2,065
i will continue to carry my rifle or pistol into the woods with me during someone els's hunt (I bow hunt). if you can't take your gun into the forest during the season with out a valid permit, how then would i ever be able to sight my gun in? here in utah they dont have many indoor ranges out to 300 yards. maybe all of you people saying that it's illegal need to go and find where it is illegal and site your sources. because for all we know, you can only bring a looly pop into the forest and you must smother yourself with honey butter and blood. those are the rules i read somewhere.. oh.... and a fish cop told me so...oh and one time my buddy/uncle/ random person i really dont know....
LEGAL until PROVEN otherwise...
thanks
LEGAL until PROVEN otherwise...
thanks
B
bearman
Guest
If you do not have a hunting tag you do not fall under any of fish and game requirements during a hunt. This is America carry your gun we have the right to have guns.
K
KBKILLER
Guest
i may be wrong, but this is what i believe is true.
it doesn't matter what a "states" law is, or rules fish and wildlife put in. this AMERICA, and no state can take away are "righ to bear arms"
in oregon, if a fish cop asks you why you have a gun in bow season and you answer"i'm hunting bears" you will get busted big time, but if you answer "because it's my right to carry a gun" nothing can be done.
it is illegal to "hunt" with a gun during another weapons season, but noone can take away your "right to bear arms"
am i wrong on this one?
it doesn't matter what a "states" law is, or rules fish and wildlife put in. this AMERICA, and no state can take away are "righ to bear arms"
in oregon, if a fish cop asks you why you have a gun in bow season and you answer"i'm hunting bears" you will get busted big time, but if you answer "because it's my right to carry a gun" nothing can be done.
it is illegal to "hunt" with a gun during another weapons season, but noone can take away your "right to bear arms"
am i wrong on this one?
On the Henries two years ago during my buddies Buffalo hunt I rode around with a 223 on my 4 wheeler. When stopped by the Fish Cop he ask what I was hunting and I said my buddy was hunting Buffalo but I was hunting coyotes. He never said anything else. Just good luck. Even told us where to look for Buffalo.
