Would I be Legal????

ForkWest

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In studying my maps I've identified a canyon that is bisected by the state boundary. The top half is where I want to hunt, the bottom half is in the adjoining state and the only feasible way to get there. There are no roads or ATV trails, gotta hike. Will I be legal carrying my weapon and gear through the State I don't have a tag for, into the state I do? It would sure look like I was hunting even though I would just be making my way to my area. I would think a hard nosed warden could really ruin my hunt, what do ya?ll think?
 
I would do it. I bet this isn't the first time this has happened in the area. If you are really worried call the region office and ask for the C.O. or warden in the area and tell them of your plans. Better safe than sorry. Good question!
 
When guys drive down the road through one state headed to another already dressed in orange they too look as if they are hunting and thats not illegal. If you shoot in the right state I see no issue at all..
 
I think that you would need to keep your gun in a case and unloaded ( even the magazine), and I wouldn't wear any orange till you got to the area you are going to hunt.

I believe that if you have an uncased firearm it is Priam facia evidence of hunting.

I believe this is how some of the outfitters and their clients travel thru Yellowstone NP to reach the hunting area, rifles have to be cased and no ammo in them.
 
You know thats how I'm leaning, but damn, I can just hear it now.

-How's it going son?

>good

-Can I take a look at you licencse?

>sure

-Well this tag is for Utah and your in Idaho boy.

>I know, I'm just heading up to....

-Nope, nope your pack'n a gun in Idaho and dont have an Idaho license

>Well I'm not hunt'n just making my way up the canyon to the border before I hunt.

-Sure looks like your hunting right now kid'o

>Sir, no really I'm...

-Well looks like we've got ourselves a little sit-ye-ation here.

>No I can explain

-1080 this is 1082 can I get some backup.

>Officer I really don't think there's a need for handcuffs

-Sonny, now I don't want to have to do this the hard way

>But sir, I don't even have shells in my gun

-Did you just call me a butt?!!

>No, no I just want you to know that even though I've got a gun...

-Is that a threat buddy?!!!

>Sir, really...ZZZZZZTTTTTTTTTTTT.....aaaaarrrrrrggggghhhhhhh (tazer smoke rising from my hair)
 
I think going in isn't the problem. How about if you get lucky and shoot one. Then coming back with antlers and meat on your back? That might be the question you will need to ask?
 
So would you ge legal if the wash at the bottom of a canyon was the divider between two units. Your tag is for 999a but you are in 999b. The big buck is in 999a and You shoot him From 999b?
 
What IdahoBugler said sounds like the biggest worry. After all, aren't we all protected by our second ammendment rights to carry a gun?
 
There is a canyon like that in Cache County (may be the one you are refering to?) but it has a four wheeler trail in the bottom half (Idaho side). I have never been bothered when headed up there with a Utah tag.
 
I know a place in Wa. that requires a walk through Or.
Some people that I know were ticketed by Or.police because they had the bolts in their guns. They told them that they had to remove the bolts from their weapons when walking through Or.

John
 
ForkWest, since when is it illegal to wear orange & pack a gun? Unless you pointed your weapon and fired in the direction of a game animal, I think a warden would be hard pressed to make a case. If you know your in the right, I wouldn't worry a whole lot about it. Now having said that, some wardens can be real bumm holes. I think if you're honest and can stand a little nonsense, you'll be fine.

RUS
 
I'd simply check with the game and fish in both states to clarify any questions, but I really doubt that you would have any problem. I don't beleive it to be illegal to carry a gun anytime of the year in the mountains of Idaho or Utah. It would only be illegal if you used it to shoot something on the wrong side of the line.

I know others have had a different experience, but every fish and game officer that I have ever run into has been friendly, helpful, courteous, and simply trying to enforce the law. If you aren't breaking it, you are both on the same team, and that is exactly how I've been treated. If a person were to get shifty or nervous or whatever I'm sure that would draw suspision. I wonder sometimes if hunters, even those that aren't breaking laws, become suspect to officers because of unwarranted nervous behavior?

I'd say just go for it and if you get checked just tell the officer the facts of the situation and I'm certain he'll be more than understanding. Like I said, fish and game officers and hunters are on the same team.
 
The problem with asking wardens is, they don't all interpret the laws the same way. One warden might say you're fine, the next one that you run into might not see it the same way. I've seen instances where I've called into the state police to ask a question and they told me "it depends on which LE stops you that day".
 
Actually it has nothing to do with how the game warden interprets the law, but how the judge interprets the law. I'd say you'd be fine.


















It's Bush's fault!!!
 
The problem in Idaho would be a uncased firearm in the field. The law says you have to have a licence to carry a uncased firearm in the field. If the gun was in a case it could be argued that you were going to the Utah side. I think it would be a winnable case. I am sure it would be a pain in the butt and would cause a problem. I hunt areas that I have to cross from a permit area to a open area. A guy must be willing to walk back in with the CO when you hunt like that to show him the gut pile. Ron
 
>ForkWest, since when is it illegal
>to wear orange & pack
>a gun? Unless you pointed
>your weapon and fired in
>the direction of a game
>animal, I think a warden
>would be hard pressed to
>make a case. If you
>know your in the right,
>I wouldn't worry a whole
>lot about it. Now having
>said that, some wardens can
>be real bumm holes. I
>think if you're honest and
>can stand a little nonsense,
>you'll be fine.
>
>RUS


Not true in Utah anyway. Check out the proclaimation... guess they got tired of too many people out "hunting coyotes" during seasons.


C. Temporary Game Preserves
R657-5-7
(1)(a) A person who does not have a valid permit to hunt on a temporary game preserve may not carry a firearm or archery equipment on any temporary game preserve while the respective hunts are in progress.
(b) ?Carry? means having a firearm on your person while hunting in the field.
(2) As used in this section, ?temporary game preserve? means all bull elk, buck pronghorn, moose, bison, bighorn sheep, Rocky Mountain goat and limited entry buck deer areas and CWMUs, excluding incorporated areas, cities, towns and municipalities.


-DallanC
 
How would "your right to bear arms" play into this? In Oregon, the game commission tried to say we could'nt carry a gun if we did'nt have a tag yada yada, but it got shot down in court stating we have second ammendment rights.
 
Not sure... you can carry a concealed pistol if you have a CCW during the bow hunt, I'm sure at any other time as well. But packing a rifle on your back during a temporary preserve is a no-no.


-DallanC
 

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