Colorado legal question

[deplorable]

So I'm gonna make a few statements and you guys tell me where I'm wrong or help with a question.

You have a tag but hike in two days before season opens to scout and get well off the beaten path. You can take your rifle and carry it then. So why is this any different than carrying it after you fill your tag while someone else in your party continues to hunt?

You can carry a pistol while you are bowhunting. Obviously you cannot is it to dispatch an animal, but just because you are carrying the pistol doesn't meant you are hunting with a firearm.

You can carry a pistol anytime while hiking. Is there a law that says a pistol can be carried for self defense but a rifle cannot and would mean you are hunting?

Keep in mind that he burden is on a warden to prove you were hunting without a tag, versus you having to prove you were not.

 

[Bar]

You made the assumption you can carry your rifle during scouting before the season. A warden will recognise carrying a handgun for protection. They don't seem to feel the same way about rifles. They'll tell you to bring bear spray for protection if you don't have a handgun.

 

[nirvanafan]

If you're walking into the backcountry with all your gear for an extended hunting trip and have your rifle, I doubt you'd have any trouble. If you went out scouting with just a little food and a little water after setting up camp, you may have an issue. You may not get a ticket (not sure what the rules are), but you'll probably get hassled about it.

 

[Bar]

Yes, and if you wonder why. You could shoot an elk the day before season starts and then go tag it the next day.

 

[5MilesBack]

You can carry a pistol anytime while hiking. Is there a law that says a pistol can be carried for self defense but a rifle cannot and would mean you are hunting?

Yes, it's called "rifle season". Lots of stipulations during the rifle seasons. I'm quire sure if we had a dedicated pistol season and you were walking around the woods with your pistol, they'd also assume you were pistol hunting. Just best to stay out of the woods with your rifle during the rifle seasons if you don't have a tag or you have a filled tag. Just too many poachers and douche bags running around these days.

Here's an example........my buddy and I got back to camp one afternoon this year two days before ML season started. There's a vehicle parked at the TH and we look up on the mountain and see orange sitting over this meadow area. I pull out the bino's and confirm that it is indeed some guy sitting there with his back against a rock. So I pulled out the spotting scope to dial him in just to see if he had his ML with him. Even as a citizen, I find that scenario to be very suspicious. As soon as I got the scope out and ready to look......he's suddenly not in view anymore and behind the rocks. I find that even more suspicious. Never saw him again.

 

[deplorable]

You made the assumption you can carry your rifle during scouting before the season. A warden will recognise carrying a handgun for protection. They don't seem to feel the same way about rifles. They'll tell you to bring bear spray for protection if you don't have a handgun.

I'm not making any assumptions, I just made some statements looking for some clarifications and thoughts.

So you hike in two days before season opens to an area you are going to hunt. You set up camp the first night, and maybe it's the spot you plan to stay on the second night as well. Obviously you're going to do some scouting that day, so do you leave your rifle laying in your tent?

Maybe you don't want to stay there in case you find a spot you want to hunt while scouting the next day so you put your camp back on your back and start moving. Really the same situation as day one you're walking into an area with a rifle before season.

Based on the two responses, you would have to hike all the way back out the night before opening morning and then hike back in with your rifle on opening morning. Kind of defeats the purpose of hiking in a couple of miles to be there before opening morning? If you start hiking in at midnight because you got a four or 5 our hike, the game warden could write you a ticket for hunting at night. Granted I know they're not likely going to do that but there's lots of scenarios like this.

We have always packed in a day or generally two early, we always break down camp the next morning and put it back on our backs, and obviously the rifles have to go with us. We have never had a problem but granted I've never seen a warden that far back in the backcountry either. Maybe we've just been lucky?

So do we need to start leaving our rifles in the truck and hiking all the way back out the night before and sleeping at the truck and coming back in the next morning?

 

[deplorable]

Yes, and if you wonder why. You could shoot an elk the day before season starts and then go tag it the next day.

Yeah but you could shoot an elk a week early and take it out the same day. Poachers are going to poach regardless.

 

[deplorable]

Yes, it's called "rifle season". Lots of stipulations during the rifle seasons. I'm quire sure if we had a dedicated pistol season and you were walking around the woods with your pistol, they'd also assume you were pistol hunting. Just best to stay out of the woods with your rifle during the rifle seasons if you don't have a tag or you have a filled tag. Just too many poachers and douche bags running around these days.

Here's an example........my buddy and I got back to camp one afternoon this year two days before ML season started. There's a vehicle parked at the TH and we look up on the mountain and see orange sitting over this meadow area. I pull out the bino's and confirm that it is indeed some guy sitting there with his back against a rock. So I pulled out the spotting scope to dial him in just to see if he had his ML with him. Even as a citizen, I find that scenario to be very suspicious. As soon as I got the scope out and ready to look......he's suddenly not in view anymore and behind the rocks. I find that even more suspicious. Never saw him again.

Good points.

Expanding on my other reply a little, so you and a buddy are well into the backcountry and you tag out early. There are five or six days left to hunt. Do you stay in and just leave your rifle laying in the tent while you go with your buddy or do you pack everything out losing a day or two of hunting so you can leave your rifle at the truck? Or just walk your rifle back to the truck and catch back up with him later?

 

[Bar]

Big difference between carry your camp and rifle in and carrying the rifle during scouting. One of my best friends was the local warden. Over the years i've asked him tons of questions about certain grey areas that you can't look up. I have a pretty good feel for what you can get away with and what will raise suspicion. I'm just trying to pass it along. If you think i'm wrong. Feel free to do it your way and tell us how it worked out.

 

[5MilesBack]

Expanding on my other reply a little, so you and a buddy are well into the backcountry and you tag out early. There are five or six days left to hunt. Do you stay in and just leave your rifle laying in the tent while you go with your buddy or do you pack everything out losing a day or two of hunting so you can leave your rifle at the truck? Or just walk your rifle back to the truck and catch back up with him later?

If you're camping in the backcountry and tagged out, where's the meat? Once I'm tagged out.......I'm bringing the meat and my rifle to the truck or base camp. When I head back in to help my buddy, my rifle is in the truck.

If I pack in 2 days before the season and decide to scout after setting up camp, my rifle is in camp. No difference between that and bow hunting. My bow isn't carried in my hand until my tag is good and legal. I've packed in before the bow season started, but my bow is always strapped to my pack in that case. I've also packed in during the middle of the season. My bow is always in my hand for that.

 

[camping1601]

Around here once you fill your big game tag you can't hunt anything including coyotes. This keeps guys from hunting for another deer with their used tags hidden in their boots saying " I'm just hunting for ".

 

[deplorable]

Big difference between carry your camp and rifle in and carrying the rifle during scouting. One of my best friends was the local warden. Over the years i've asked him tons of questions about certain grey areas that you can't look up. I have a pretty good feel for what you can get away with and what will raise suspicion. I'm just trying to pass it along. If you think i'm wrong. Feel free to do it your way and tell us how it worked out.

I have no idea who you are talking to. If me, I have specific scenarios and asked questions and asked for comments, so your smart alec response really didn't provide any useful information.

I agree there's a big difference between scouting and carrying your camp on your back. I never said anything about walking around scouting with a rifle, assuming you are meaning you aren't packing in and just walking around with nothing but a rifle.

If you read what I wrote, it was specific to carrying your camp on your back and packing in, and then still being in the backcountry after you tagged out but your buddies haven't. Maybe your 'big difference' comment is supposed to imply if you are carrying your camp then you can carry a rifle outside of season or when a tag was filled?

So far the way I have been doing it has worked out fine, but that doesn't mean it always will. Hence my questions and the specific scenarios I listed looking for feedback.
If you really want to help, maybe you could read what I wrote and comment on the specific situation?

 

[Bar]

I'll refer you to post# 27.

I tried to help you and answer your questions. You didn't seem to like them. The only smart aleck post is your last one to me. Maybe if you read what I said you wouldn't have had to make it.

Bottom line is don't carry your rifle unless you're hunting, or packing in or out. Clear enough?

 

[deplorable]

I'll refer you to post# 27.

I tried to help you and answer your questions. You didn't seem to like them. The only smart aleck post is your last one to me. Maybe if you read what I said you wouldn't have had to make it.

Bottom line is don't carry your rifle unless you're hunting, or packing in or out. Clear enough?

You really different offer much help, mostly because in post #14 you completely contracted yourself saying that a warden told you that you can't carry a gun while with another guy hunting, but legally you know you can and some wardens just set their own laws.

Based on your first response, I gave some specific scenarios to get further clarification. Had nothing to do with not liking your answers. But obviously that offended you when none was intended, I was just looking for you to apply the wealth of knowledge that you said you had from your game warden friend to real life situations. I guess that was too complicated for you.

 

[deplorable]

If you're camping in the backcountry and tagged out, where's the meat? Once I'm tagged out.......I'm bringing the meat and my rifle to the truck or base camp. When I head back in to help my buddy, my rifle is in the truck.

If I pack in 2 days before the season and decide to scout after setting up camp, my rifle is in camp. No difference between that and bow hunting. My bow isn't carried in my hand until my tag is good and legal. I've packed in before the bow season started, but my bow is always strapped to my pack in that case. I've also packed in during the middle of the season. My bow is always in my hand for that.

As long as the weather cooperates, hanging in a tree.

Just asking, you are comfortable leaving your rifle laying in a tent possibly all day just out in the backcountry?

Generally we are pitching a tent after dark and breaking it down before sunrise so we don't have a camp to leave it at during the day, just not sure I would be comfortable leaving the rifle for anyone to find. I don't even want to leave it several nights in a truck somewhere.

 

[Bar]

You really different offer much help, mostly because in post #14 you completely contracted yourself saying that a warden told you that you can't carry a gun while with another guy hunting, but legally you know you can and some wardens just set their own laws.

Based on your first response, I gave some specific scenarios to get further clarification. Had nothing to do with not liking your answers. But obviously that offended you when none was intended, I was just looking for you to apply the wealth of knowledge that you said you had from your game warden friend to real life situations. I guess that was too complicated for you.

I guess my answers were too complicated for you. You mixed up two things I said. I've hunted Colorado every year since 1954. I understand the laws. You seem to think shooting an elk the day before the season starts is equal to a poacher killing an elk and sneaking it out. One is a fine and one is a felony.

Anyway, don't post to me anymore. It won't accomplish anything but you esposing your condecending attitude about something you have no clue about. I'm gone. (again)

 

[deplorable]

I guess my answers were too complicated for you. You mixed up two things I said. I've hunted Colorado every year since 1954. I understand the laws. You seem to think shooting an elk the day before the season starts is equal to a poacher killing an elk and sneaking it out. One is a fine and one is a felony.

Anyway, don't post to me anymore. It won't accomplish anything but you esposing your condecending attitude about something you have no clue about. I'm gone. (again)

Posting to you (again).

I said both scenarios were poaching, and they are. Shooting an elk outside of season is poaching, plain and simple.

Good riddance (again). With the wealth of knowledge you gained from your best friend that was a game warden, you couldn't seem to address some very specific situations that I was asking for clarification on.

 

[Bar]

Keep trying. Maybe someone will give you the answers that agree with you and then you'll shut the hell up. Way to make friends noob.

I only post on forums to help others. What's your goal?

 

[Bubblehide]

...

Keep in mind that he burden is on a warden to prove you were hunting without a tag, versus you having to prove you were not.

This is completely wrong. I get where your coming form though. Most of our laws are written to tell us what we can't do, i.e., you can murder someone, you can't run a red light... The fish and wildlife regulations in every state, to my knowledge, and the federal F&W regulations are written in a manner that tells us what we can do, anything outside that is illegal, i.e., method of take. In the case of F&W laws, the burden of proof is primarily on the hunter. these laws are Prima Facie, meaning a fact presumed to be true unless disproved. Keep in mind that it says presumed, not assumed, there is a big difference there. So if your seen in the woods, carrying a weapon, a warden can legally presume you are hunting, and it is up to YOU to convince him/her that you are acting legally. Prima Facie is why a warden has the legal right to search you, your vehicle, your camp, even your home, without a warrant. Now this comes with good reason. in crimes on people, there is generally a complainant/witness. In crimes on animals, there is not; thus the needed latitude for wardens versus cops.


We are talking hunting, and hunting has a specific definition. That definition is not to shoot, it generally talks about pursuing game, in every state; so be careful with you view of hunting. So if your done hunting, and still want to carry a weapon, you may want to be sure to separate the ammo from the gun, even remove the bolt. In doing this, you are clearly meeting YOUR burden of proof.

 

[deplorable]

Keep trying. Maybe someone will give you the answers that agree with you and then you'll shut the hell up. Way to make friends noob.

I only post on forums to help others. What's your goal?

If you would go back and provide some specific answers to the specific questions and situations I detailed, then I'll get the answers that I want. Agreeing has nothing to do with it.

Make friends? You are here on a message to make friends? Do you use online dating sites too? Some folks are desperate.