WapitiBob
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Lol, you know the answer.
Violation Yes or No?
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SaskHunter
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Not going to say if their in violation or not but I will say this: if I were to record my hunt and upload it to youtube, I'd sure as hell make sure there's nothing ambiguous about the video...
Dakotakid
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I can’t speak to the definitions in other state but in Montana code-
(6) "Hunt" means to pursue, shoot, wound, take, harvest, kill, chase, lure, possess, or capture or the act of a person possessing a weapon, as defined in 45-2-101, or using a dog or a bird of prey for the purpose of shooting, wounding, taking, harvesting, killing, possessing, or capturing wildlife protected by the laws of this state in any location that wildlife may inhabit, whether or not the wildlife is then or subsequently taken. The term includes an attempt to take or harvest by any means, including but not limited to pursuing, shooting, wounding, killing, chasing, luring, possessing, or capturing.
Generally, if you participate in the pursuit, you are hunting.
(6) "Hunt" means to pursue, shoot, wound, take, harvest, kill, chase, lure, possess, or capture or the act of a person possessing a weapon, as defined in 45-2-101, or using a dog or a bird of prey for the purpose of shooting, wounding, taking, harvesting, killing, possessing, or capturing wildlife protected by the laws of this state in any location that wildlife may inhabit, whether or not the wildlife is then or subsequently taken. The term includes an attempt to take or harvest by any means, including but not limited to pursuing, shooting, wounding, killing, chasing, luring, possessing, or capturing.
Generally, if you participate in the pursuit, you are hunting.
ClearCreek
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My opinion: You were not hunting at that point, so I would think you would not need to be wearing orange at that time. That is the age old question, "When do you actually start hunting?" I have had these discussions with GW's many times but I am not sure there ever was a absolutely definitive answer.
Are you hunting in this situation: The season is open, you are riding your horse to a spot where you plan to dismount and look for elk (or deer, etc.). Are you hunting when riding to the spot?
ClearCreek
Dakotakid
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Yes, under Montana law see recent Supreme Court case.
JM77
Well-known member
Mr Bull elk walks out of the trees onto the trail while you are riding to the spot you will glass from. You get the picture.
LuketheDog
Well-known member
The only Wyoming warden I've ever talked to said basically the same thing. He told me if someone is too lazy to wear orange correctly it's a red flag to him that they're likely doing other things wrong too, and he writes the ticket for lack of orange every time.
Dakotakid
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I have seen hunters ticketed in MT for not having orange enough orange. There is a required level of lumens. That said, failure to wear orange is-(5) A person convicted of a violation of this section shall be punished by a fine of not less than $10 or more than $20.
Posting unlawful activity on the internet makes it difficult for enforcement to look another way.
Posting unlawful activity on the internet makes it difficult for enforcement to look another way.
ShortAction
Active member
Well, I get that. My point is why just the hunter and not the others in his party?
Carl 9.3x62
Well-known member
From a safety standpoint, yes they should all be wearing orange. But according to Wyominng's regulatuons they are not technically hunting, so they don't technically have to wear orange. It might not make sense, but it is what it is.
AmericanLongrifle
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Those sunglasses are a violation.....he should give them back to his girlfriend.
SaskHunter
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and he would most likely be right with his assumptions. If you cannot follow the most basic rule in rifle season, what else are/aren't you doing? This is one rule that you can't hide while breaking, you either wear orange or you don't. There's a lot of rules/laws that I don't agree with but I still follow them. The way I see it; if you have the guts to break a rule that is visible to all, what are you willing to do when there's no one around?
ShortAction
Active member
Yeah, I knew that but was just questioning the logic is all. Sorry if it seems like I'm hijacking the thread.
Doublecluck
Well-known member
Maybe because they can’t legislate that every other person walking in the woods has to wear orange in the fall. That’s would be my guess.
If I am only packing binos and a backpack, I am not hunting, not part of the pursuit, and don't have to wear orange.
Should you have to have a hunting license in order to accompany another person while they are hunting? Of course not. Therefore, if you don't need a license, you are not hunting, and do not need to wear hunter orange per regulation or statute unless it specifically requires it. In reality, probably every person in the outdoors in the fall should be wearing high visibility colors, but to my knowledge there is not a single state that requires it. A little common sense and following the rules of firearms safety pretty much render this entire conversation a moot point.
Certainly they CAN. Doing so is another story.
Doublecluck
Well-known member
Can’t meaning a whole boat load of angry non hunting constituents would prevent them.
To the same, saying anyone in the party is hunting don’t work because that would mean you couldn’t take anyone with you who doesn’t have some valid lic for that area.
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No different than passing mandatory seat belt and motorcycle helmet laws.
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