CO legality question

[Poser]

Question for those of you intimately familiar with the CO regulations. If you draw one of the rifle segment tags, let's say, for example, the 5 day either sex tag in mid Oct, is it permissible to enter the backcountry with your weapon before that segment opens? In other words, if you're tag is only good for 5 days, could you go in 2 days before the season opens to scout etc (and not use your actual hunting days for backpacking)? Or, is that considered "hunting"?

 

[Colo4x4XJ]

Not sure what the exact legal wording is but guys walk in early all the time. Leave your weapon unloaded and orange stashed on the way into your campsite. If you're scouting before season then leave your rifle in your tent. I'm sure someone will provide a more lengthy explanation but this is what we do and haven't had any hassles

 

[gelton]

Not intimately familiar with the Colorado regs but as I understand it you can carry a long rifle anytime you want in the backcountry even while scouting. People do a lot of target shooting and rock busting on public lands regardless of the season or the tag you might have on your trip, I am of the understanding that the only time carrying a firearm in CO public land becomes illegal is if you are discharging the rifle towards game that you dont have a tag for and, of course, using it to take game out of season, other than that I dont think there would ever be a problem.

 

[5MilesBack]

Good question. I've never really even given it any thought, as I pack in before archery actually starts lots of times. I would think that if your gun is stowed on your pack and ammo packed away that it wouldn't be an issue. I've never seen anything about this in the regs. On the other hand, I've taken my rifle target shooting on NF land in the past in the summer time even......so not really sure.

 

[Bar]

Carry a rifle loaded without a tag is a grey area, and it's up to the warden to decide if you're hunting, or not. You should be fine if it's unloaded with ammo not easily gotten to.

I'm good friends with the local warden, and asked him that question once out of curiosity. He said if he caught someone carrying a loaded gun he'll assume they're hunting. Like i said it's a grey area, because it's fine to carry a loaded handgun for protection. What's the difference between a handgun. or rifle if it's for protection? I never carry a handgun. The rifle is my protection.

 

[rayporter]

i was about 12 miles in scouting 2 days before season when stopped by a warden. we had rifles in the scabbard. he talked a while and he explained that he was after poachers from a previous report. all he did was ask if we had a cartridge up the spout. never checked the rifle.

most guys are leery of leaving their rifle in camp if they go out for a walk. so they take it with them. i have also passed several camps with no one around and rifles in camp. once you get far enough in no one will mess with your stuff.

 

[JG358]

It is legal to have a loaded firearm (be it a rifle, shotgun or handgun) in Colorado national forests regardless of weither or not hunting season is open.

 

[Bar]

It is legal to have a loaded firearm (be it a rifle, shotgun or handgun) in Colorado national forests regardless of weither or not hunting season is open.

We know that. The question is how do you prove you weren't hunting if the warden thinks you were? Just saying you weren't hunting won't convince every warden. That's why I called it a grey area.

 

[gelton]

We know that. The question is how do you prove you weren't hunting if the warden thinks you were? Just saying you weren't hunting won't convince every warden. That's why I called it a grey area.

I would say as long as one isnt using his rifle scope to spot game, pointing his muzzle towards game, or discharging his weapon at game, then it is up to the warden to prove that you are hunting, it is not your responsibility to prove that you weren't.

Understandably this isn't a perfect world and that will not always be the case as there will always be people in positions of authority that abuse it, but in my mind we need to recognize it for what it is which is a warden overstepping their boundaries making you prove your innocence when they cannot prove your guilt. So I am of the opinion that if you are innocent then who cares what they think.

 

[JG358]

We know that. The question is how do you prove you weren't hunting if the warden thinks you were? Just saying you weren't hunting won't convince every warden. That's why I called it a grey area.

Seems pretty black and white to me. You dont have to prove your not hunting, they have to prove you are. I've stopped to talk to many CPW and FS officers prior to the opener and never once had them ask me if I was poaching or try to imply that I was. Walking with a firearm in the woods isnt a crime until you do something illegal with it.... period. Not to say some high and mighty CPW officer thats anxious to write a ticket wont try to give you crap or find something to write you up over but officers like that are very few and far between.

 

[mk_v]

Seems pretty black and white to me. You dont have to prove your not hunting, they have to prove you are. I've stopped to talk to many CPW and FS officers prior to the opener and never once had them ask me if I was poaching or try to imply that I was. Walking with a firearm in the woods isnt a crime until you do something illegal with it.... period.

Well said. You are allowed to carry a firearm, they would have to be able prove you used it for poaching. Proving what your "intentions" would be hard unless you incriminated yourself with what you said.

 

[Jeff Martin]

Seems pretty black and white to me. You dont have to prove your not hunting, they have to prove you are.

Exactly !

 

[5MilesBack]

Most of the wardens I know are hunters too. They know and understand hunters and how we operate. They're also pretty darn good at recognizing someone who isn't on the up and up. Some of them will flat out go out of their way to help you. This last year I had one spend an entire day with me tracking a blood trail. And even when it didn't pan out, he was convinced that the bull survived and told me that I should absolutely keep hunting. He even called me after the season to see how the rest of the season ended up.

Don't act like you're doing anything wrong, and you'll be fine.

 

[NEhunter]

Seems pretty black and white to me. You dont have to prove your not hunting, they have to prove you are. I've stopped to talk to many CPW and FS officers prior to the opener and never once had them ask me if I was poaching or try to imply that I was. Walking with a firearm in the woods isnt a crime until you do something illegal with it.... period. Not to say some high and mighty CPW officer thats anxious to write a ticket wont try to give you crap or find something to write you up over but officers like that are very few and far between.

I agree.

 

[bobhunts]

Me too!

 

[COR]

If you run into a warden...you didn't go in far enough. I've had them at camp and handguns in holsters. I've never been asked about that before season, just a basic license check at best. I'm in agreement with the posters that say you wont be harassed unless you are doing something dumb already...my experiences with wildlife officials has been nothing but pleasant in 6 trips to Colorado specifically on Public land.

 

[Bar]

They're always pleasant, and smiling as they write you a ticket. I just repeated what a warden told me. It wasn't my opinion.

 

[JG358]

They're always pleasant, and smiling as they write you a ticket. I just repeated what a warden told me. It wasn't my opinion.

Sounds like maybe your good friend the warden should look into another profession.

I'm good friends with the local warden, and asked him that question once out of curiosity. He said if he caught someone carrying a loaded gun he'll assume they're hunting.

So does he ticket everyone he comes across that is carrying a weapon outside of season for poaching? Not likely as that would be put him on the fast track to a new carrier. I'd guess he knows its allowed but suspects the worst of people (which I cant really blame any LEO for).

 

[chindits]

I have always had respectful encounters with our district managers around here, and that has gone both ways by me and the DM. I am unaware of anything that would prohibit anyone from carrying any type of legal firearm before, during, or after hunting season. However, we have all heard of the hunter driving down the road with a critter during the first hours of opening day and we have all wondered how that harvest and packed critter occurred within the first couple hours of opening day. Not related to the original question, but it is illegal to hunt game birds and small game west of I-25 with a center fire rifle larger then .23 caliber during regular rifle deer and elk season with out an unfilled deer/elk tag for that season. I wouldn't be surprised if I was approached by a DM while carrying a rifle in the woods at any time and I wouldn't be offended by their questions. I would assume that the right answers and the right demeanor would go a long ways with any wildlife enforcement contact.

 

[Bar]

Sounds like maybe your good friend the warden should look into another profession.




So does he ticket everyone he comes across that is carrying a weapon outside of season for poaching? Not likely as that would be put him on the fast track to a new carrier. I'd guess he knows its allowed but suspects the worst of people (which I cant really blame any LEO for).

He's Randy Hancock. He's retired now, but won many awards for his service. You won't find a better warden anywhere. I didn't say he handed out tickets for no reason. I said if he came onto a hunter walking through the mountains with a loaded rifle he'll assume they're hunting. That would be his first reaction until talking to the hunter.