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Old 04-08-2011, 11:10 AM
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Default Carry While Hunting? Handgunlaw.us Seeking Information (Edited)

Thanks to everyone who has assisted Handgunlaw.us with this Information. It has saved me hours of searching. I have been confirming the information and have info on all the states except for those listed below. I have not been researching states without any info yet. Still confirming. Some will have no law saying you can't. Laws mainly say what you can't do. There are a few states that people have told me Yes you can but I can't confirm it. These may be states that don't have any law against it. It will take a few weeks to sort through it all and get it added to the state pages then more time to get the new pages uploaded to the site.

Again "Thank You!" You have saved me a lot of time. When I know where to look it makes it so much easier.

Here is Info I am not sure about or have not researched yet!

Montana Yes? DNR (I can find nothing in MT law/regs that says you can't)

Idaho No During Primitive Weapons Season. Unknown at other times. (Can't find anything saying you can't at other times. Idaho Fish & Game Hunting Regulations

Alaska Yes? No Law found stating you couldn't. Knowing AK you most likely can. Still Looking.

Kentucky Yes? But not doing Bow or Muzzle Loading seasons. Look Up ???????????????? Can't find this.

Missouri YES ????? Might not be any law. Can't find anything.

Delaware, Hawaii, Montana, South Dakota, Iowa, New Hampshire, Maryland, New Jersey, Oklahoma, Colorado, New Mexico

Here is what I have that will go on State Pages. The URL's listed will also be posted on those state pages.

Is Carrying of a Concealed Firearm with Permit/License
for Defensive Purposes Only While Hunting Legal?


Kansas Yes 32-1002. (3)

Texas Yes (No Law/Reg)

Michigan Yes (St. of MI Hunting & Trapping Digest)

Utah Yes 76-10-504 (5) & Admin Rule R657-5-11

Ohio Yes Hunting & Fishing Regulations

Florida Yes 790.25 (3)

Nebraska Yes NE Big Game Guide (But not while Bow Hunting)

Massachusetts No (MA Dept of Fish & Wildlife Regs)

Washington Yes RCW 9.41.060 & WAC 232-12-054 & WAC 232-12-051

South Carolina Yes SECTION 16-23-20

Pennsylvania Yes PA Hunting & Trapping Digest & PA Statutes Sec. 2525

Georgia Yes O.C.G.A. § 27-3-1.1 & 27-3-6

New York In Most Instances No (See Regulations) Deer and Bear Hunting Regulations - NYS Dept. of Environmental Conservation

Oregon Yes OR Dept of Fish and Wildlife Hunting Resources

Connecticut In Most Instances No See DEP Hunting Laws & Regs DEP: Hunting Laws and Regulations

Vermont Yes Except When Turkey Hunting (VT Fish & Wildlife Guide) http://www.vtfishandwildlife.com/lib...%20maps%29.pdf

Alabama No In Most Instances. See AL Wildlife & Freshwater Fisheries Reg 220-2
http://www.alabamaadministrativecode...con_/220-2.pdf

Minnesota Yes Except when Hunting Deer with a Bow & Shining. Some Refuges Prohibit Handguns. See MN Statute 97B.211 & MN Hunting & Trapping Regulations Handbook

Michigan Yes DNR Hunting & Trapping Digest

North Dakota: Yes 62.1-02-10 & ND Game & Fish Hunting Regulations Guide

Virginia Yes § 18.2-308 & VA Dept of Game and Inland Fisheries General Information & Hunting Regulations

California Yes 12027(g)

Nevada Yes But not while Bow Hunting or Muzzle Loading Hunting. NAC 503.144 & NAC 503.142

Arizona Yes Except When Bow & Muzzle Loading Hunting R12-4-318 AZ Game & Fish Dept Hunting/Trapping Regs

Arkansas Yes 07.04 AR Game & Fish Comm. Code Book & the AR G&FC Gen Hunting Regulations

Maine Yes Except when Bow Hunting St of Maine Hunting and Trapping Laws and Rules

Tennessee - Yes TN Wildlife Resources Agency Hunting and Trapping Guide.

West Virginia Yes WV Dept of Nat Resources General Regulations

Indiana Yes IN DNR Deer, Turkey and Hunting/Trapping Guides

Louisiana Yes Except During Deer Bow Season & Turkey Season LA Wildlife & Fisheries Hunting Regulations

Mississippi I can find nothing mentioning Concealed Carry while hunting in MS Hunting Regs.

North Carolina Yes Except when Bow or Muzzle Loader Hunting. Only 22 LR handguns can be carried on Game Lands.
NC Inland Fishing, Hunting & Trapping Regulation Digest





Handgunlaw.us is going to add info on carrying concealed with your self defense firearm with a permit/license while hunting. Is this legal in your state? A link or Alpha/Numeric citation from your state laws or Regulations would be greatly appreciated if the answer is either yes or no. I believe most of the Laws/Regs on this will be in the game laws. I can find the info but it saves me a tremendous amount of time if I know exactly where to look. Plus I like to give the Alpha/Numeric Citation so people can look up the law and confirm it. Any assistance you could give Handgunlaw.us would be greatly appreciated.

This info will be listed in the Misc Information Section like this:

Carrying of Concealed Firearm with Permit/License While Hunting? YES or NO (With Law/Reg Alpha/Numeric Citation)

If there are any stipulations like, not when Bow Hunting Etc., it will be listed also.

Thank you for your help. It is very much appreciated.
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Last edited by Gary Slider; 04-10-2011 at 10:39 AM.
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Old 04-08-2011, 11:56 AM
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Easy to answer about Illinois. There is no Carry law in this state, "at this time". We are being optimistic about pending legislation.
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  #3  
Old 04-08-2011, 02:01 PM
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PA: The Sportsman's Firearm Permit is valid only for sporting purposes and does not authorize the carrying of a loaded handgun in a vehicle. It is obtained by applying to the county treasurer. The applicant must present his hunting or fishing license and pay a fee of $6.00. The permit is valid for five years, but must be carried with a valid hunting or fishing license.

This permit allows open carry of a revolver only. I don't think non-residents, even with a non-resident hunting/fishing/trapping permit, can obtain the Sportsman's permit. http://www.york-county.org/departmen...rs/hunting.htm

This is an odd permit because PA allows open carry without a permit anyway.

Last edited by BarbC; 04-08-2011 at 02:08 PM.
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Old 04-08-2011, 07:07 PM
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As I'm sure you know Gary, with a CHL you can carry a side arm for SD while hunting in WV.
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Old 04-08-2011, 08:51 PM
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Gary,

In Utah whether or not you are engaged in a hunting activity has no effect on the privilege granted by the Concealed Firearms Permit. Permit holders are specifically exempted from the loaded firearms in a vehicle sections of the code. This used to be outlined in the Big Game Proclamation, which no longer exists. It is now the "Big Game Application Guidebook" and far less comprehensive.

Aside from this there is no restriction as to the number of firearms you may have in your possession, so long as they are legal for the game currently being pursued and the specific season.
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Last edited by Alk8944; 04-08-2011 at 08:55 PM.
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Old 04-08-2011, 09:45 PM
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In Missouri, you can have a loaded firearm anywhere in your vehicle or on your person. This means you can have a concealed firearm in your coat or anywhere else in the car without a CCW. You can open carry in most places. My town is an exception allowing only concealed carry with the proper permit. The next town 23 miles away allows open carry without a permit of any kind as long as you legally possess the weapon. They have been known to shake you down to find out.
As far as hunting goes, it's like a previous poster stated, you can have a sidearm along with your hunting gun, but it has to be a legal caliber for the type of game you are hunting. For Mo. that means any center fire pistol or revolver with an expanding bullet. No full metal jackets in other words.
Hope this helps,
Peace,
gordon
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Old 04-08-2011, 10:27 PM
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G.T. Smith, Is this in the game laws?
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Old 04-09-2011, 10:05 AM
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Gary, here are the relevant Missouri Statutes regarding carrying a concealed firearm while "also in possession of an exposed firearm or projectile weapon in the lawful pursuit of game":

Quote:
Unlawful use of weapons--exceptions--penalties.

571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:

(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or
.
.
.
3. Subdivisions (1), (5), (8), and (10) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply to any person twenty-one years of age or older transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subdivision (10) of subsection 1 of this section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event.

Section 571-030 Unlawful use of weapons--exceptions--pe
In Missouri, it is perfectly lawful for a person WITHOUT a valid CCW permit to carry concealed firearms on or about his or her person, as long as he or she is, A)lawfully entitled to possess such weapons, and B) also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game. People who possess a valid CCW permit may carry concealed firearms on or about their person anywhere within the state, whether they are hunting or not, save for areas where such carry is prohibited by Federal Law.

Just this year, we amended our wildlife code to allow CCW permit holders to carry their concealed firearms while they are taking part in our Fall Archery Deer and Turkey season, bringing our wildlife code into conformation with our state firearms statutes. Specifically, the new portion of our code now reads:

Quote:
3 CSR 10-7.432 Deer: Archery Hunting Season

PURPOSE: This rule establishes the archery
deer hunting season, limits, and provisions
for hunting.

(1) The archery deer hunting season is September
15, 2010, through January 15, 2011,
excluding the November portion of the
firearms deer hunting season. Use archery
methods only; firearms may not be possessed
with the following exceptions (Firearms possessed
under these exceptions may not be
used to take wildlife while archery hunting.
Proof of this exception must be carried while
hunting.):

(A) Any person who has been issued a
concealed carry endorsement on a driver
license or non-driver license and such
endorsement or license has not been suspended,
revoked, canceled, or denied may
carry concealed firearms on or about his/her
person while hunting; and
.
.
http://www.sos.mo.gov/adrules/csr/cu...csr/3c10-7.pdf
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Old 04-09-2011, 12:51 PM
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Quote:
Originally Posted by cshoff View Post


In Missouri, it is perfectly lawful for a person WITHOUT a valid CCW permit to carry concealed firearms on or about his or her person, as long as he or she is, A)lawfully entitled to possess such weapons, and B) also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game. People who possess a valid CCW permit may carry concealed firearms on or about their person anywhere within the state, whether they are hunting or not, save for areas where such carry is prohibited by Federal Law.

Just this year, we amended our wildlife code to allow CCW permit holders to carry their concealed firearms while they are taking part in our Fall Archery Deer and Turkey season, bringing our wildlife code into conformation with our state firearms statutes. Specifically, the new portion of our code now reads:
I think that's pretty much what I said. The firearms instructor told me that after Missouri started issuing CCW permits, it became legal to have a legally possessed loaded firearm anywhere in your vehicle or on your person without the permit. I'm not sure but I think that applies to people 21 years of age and older, like me...60. Open carry is legal in Missouri, but is subject to local ordinances.
Peace,
gordon
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Old 04-09-2011, 01:56 PM
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Quote:
Originally Posted by G.T. Smith View Post
I think that's pretty much what I said. The firearms instructor told me that after Missouri started issuing CCW permits, it became legal to have a legally possessed loaded firearm anywhere in your vehicle or on your person without the permit. I'm not sure but I think that applies to people 21 years of age and older, like me...60. Open carry is legal in Missouri, but is subject to local ordinances.
Peace,
gordon
But actually, your post above is not exactly correct. It is perfectly lawful, for example, for a person to carry a .22 rimfire handgun concealed on his or her person while they hunt, as long as they are A) lawfully entitled to possess the gun, and B) are also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game. The caliber of the concealed gun in this instance, is irrelevant. On the other hand, if you are using the handgun to hunt with, depending on the season, it's possible that you COULD be restricted to any centerfire caliber with expanding type of ammunition only (firearms deer season, for example). Squirrel, rabbit, crow, or predators can all be lawfully hunted with rimfire calibers using solid (non-expanding) bullet designs.

In addition, hunting has nothing to do with our laws that regulate or restrict how you may transport a concealable firearm in your vehicle. Those statutory requirements are separate and stand on their own. As per RSMO 571.030.3, it is lawful for a person 21 years of age or older, who is otherwise lawfully entitled to possess firearms, to carry a concealable firearm in the passenger compartment of a motor vehicle without a CCW permit. That concealable firearm can be carried in the glove box, in the console, under the seat, in a separate case, or on your person as long as you remain in the vehicle. If you step out of the vehicle onto property that you do not own or control, with the firearm concealed on your person, and you do not have a valid CCW endorsement, it is a felony offense.
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Old 04-09-2011, 04:23 PM
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It's hard to prove a negative. Open carry is not illegal here, and now we have permitless concealed carry for people who meet all of the requirments for a CCW permit other than the training requirement. We also have "shall issue" CCW permits. The laws here do not have a hunting exclusion, nor do the game regulations. Until 2007 there was a provision that prohibited taking game with archery gear during the special archery season while carrying a firearm, but that part about carrying a firearm was amended out.

We do have restrictions on the types of firearms that can be used to take game, which pretty much prevents using handguns less powerful than a .41 magnum for taking big game, but they deal with taking game, not carrying the gun. The use of a laser as a sighting tool also would be prohibited.
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Old 04-10-2011, 02:52 AM
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MN: Here's a link to the Minnesota Hunting & Trapping Regulations Handbook. The latest version I could find is from 2010. The previous years' handbooks had similar entries.
http://files.dnr.state.mn.us/rlp/reg.../full_regs.pdf.


A. Scanning for the word "carry" shows the following relevant entries.


1. Handbook page 17 (.pdf page 19, but I'll be using the printed handbook page henceforth).

"Unless transporting under the exceptions listed below, a person may
not transport a firearm, including a handgun, in or on a motor vehicle
unless the firearm is:
.
.
.
. . . carried under a valid permit to carry a pistol or handgun."

2. Page 18

"The “Concealed carry or permit to carry” provisions apply to certain
hunting activities. Persons with a permit under this law generally may
carry their handguns uncased and loaded while hunting, and while traveling to or from hunting locations by motor vehicle under the hunting
firearms transportation laws. However, possession of the handgun while
'shining' or while hunting deer by archery . . . "


"Possession is also legal under these conditions:
.
.
.
d) Handguns possessed by a person with a carry permit."




B. Scanning for the word "loaded" reveals some exceptions.

1. Page 17, under General Hunting regulations

Firearms must be transported unloaded and cased:
• within Anoka, Hennepin, or Ramsey counties.
• within an area where firearms discharge has been prohibited.
• within the boundaries of a home rule, charter, or statutory city with
a population of 2,500 or more.
• on school grounds
• as otherwise restricted in game refuges, shining or night vision laws.

2. Page 22

"A person may not take protected wild animals with a firearm or by
archery or be afield with a loaded or uncased firearm . . . while under the influence . . ."

3. Page 27

Section on Night Vision Equipment indicates an improper combination of this equipment with a loaded weapon.

4. Page 113. This section applies to State Forests

"Firearms must be unloaded and cased while in or within 200 feet
of a forest recreation area (campground, day use area, parking area),
except that during open hunting seasons a person may carry an
unloaded, uncased firearm or a strung, uncased bow to hunt outside
the recreation area."
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Old 04-11-2011, 11:42 PM
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Quote:
Originally Posted by Gary Slider View Post
<snip>...

Missouri YES ????? Might not be any law. Can't find anything.

...<snip>
Gary, I provided the relevant Missouri Statutes, with links, in my previous post.

Missouri, very specifically, provides an exemption to our unlawful use of weapons statute that specifies that it is unlawful to conceal a firearm on or about your person, to people engaged in the lawful pursuit of game who are also in possession of an exposed firearm or projectile weapon. No CCW permit required.

People who do possess a valid CCW endorsement or permit issued by ANY state or political subdivision thereof, are already exempt from said unlawful use of weapons statute, whether they are hunting or not.

To summarize: In Missouri, it is perfectly legal to carry a concealed firearm while you are hunting if you possess a valid CCW permit. If you do not have a valid CCW permit, then it is still perfectly legal as long as you are also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game.

The above now applies to ALL of our hunting seasons in this state.
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