saw from an article regarding Wyoming… same issue though:
Staeben “certainly believes — and I concur — that the [Game and Fish] commission, the department, did not have statutory authority to create a license to collect antlers,” Nesvik told the taskforce on Wednesday. “They believe that it’s unconstitutionally discriminatory to have separate seasons for residents and nonresidents.”
Part of the issue, Nesvik explained, is that an antler is not necessarily the property of the state of Wyoming once it has fallen off an animal.
“We can discriminate against nonresidents for obtaining [hunting] licenses, but those are for wildlife that the state owns,” he said. “If the state no longer owns the antler because it fell off wildlife’s head and it’s no longer wildlife, the thinking here is that it would be discriminatory to have separate discriminatory seasons against nonresidents.”