Glassing from another unit

[Josey Wales]

I'll be chasing Mulies in Colorado this year with my bow, and one hillside I need to glass can only be glassed from a hill in the next unit. That hill is about a mile away, and the creek dividing the two is the unit boundary. Do you think there is any problem glassing from a unit where I don't have a tag into a unit where I do?

 

[Idaho Sandman]

Nope.

 

[Bar]

I agree. Glassing is part of hunting.

 

[UtahJimmy]

I'd call a CO game warden on this one. If you don't have your weapon on you I'm sure it's fine, but I would think they'd ticket you for being in the wrong unit if you had your bow in hand.

 

[muddydogs]

I'd call a CO game warden on this one. If you don't have your weapon on you I'm sure it's fine, but I would think they'd ticket you for being in the wrong unit if you had your bow in hand.

I would call the warden just to be safe but I don't see how they could give you a ticket. There is no law that says you can't walk into another unit while hunting you just can't harvest anything in the other unit.

 

[Bar]

Yes, but glassing isn't walking. You're hunting when you glass with your weapon.

 

[larryschwartz]

^^^^^^ +100. Don't ask us if a CO will give you a ticket or arrest you, ask the CO. Then print out the email message in case you meet one in the other unit.

 

[Idaho Sandman]

I'd call a CO game warden on this one. If you don't have your weapon on you I'm sure it's fine, but I would think they'd ticket you for being in the wrong unit if you had your bow in hand.

They cannot ticket you for carrying a weapon in the woods. Your unit or not. I do it all the time for antelope in Wyoming, have buddies do it for deer in Colorado, even had a warden stop to talk and asked what unit my tag was for, I mentioned that unit over there where I'm watching a nice goat, he asked to to look in the spotter, said " yep, that's a shooter, good luck" and drove off.

 

[muddydogs]

Yes, but glassing isn't walking. You're hunting when you glass with your weapon.

So this summer when out hiking in the woods looking at elk through my bino's I was hunting because I had a pistol on my side? I'm sure the definition of hunting is not glassing with your weapon. If I'm stopped on the road glassing does that mean I'm shooting from the road?

 

[Bubblehide]

The regs, the way I understand them state, in pursuit of. Glassing from a weapon, binoculars, or a spotting scope, falls into the in pursuit of section of the regulations. As such, I would be very cautious with this one. I would absolutely talk with the warden(S) of both units to clarify how in their professional opinion, how to legally go about what you intend.

 

[mtwarden]

if a warden saw you I'm sure he would ask you some questions (I certainly would), but no law has been violated by simply glassing and having a bow on your person

certainly double check with CO, but I'm 99.9% sure they are the same as us (MT) in that regard

 

[Bar]

So this summer when out hiking in the woods looking at elk through my bino's I was hunting because I had a pistol on my side? I'm sure the definition of hunting is not glassing with your weapon. If I'm stopped on the road glassing does that mean I'm shooting from the road?

That's silly. We're talking about during hunting season, you have a tag, and you have with you the weapon you hunt with and is legal for the season you have a tag for. Go ahead and try is and tell us how it worked out if a warden see's you.

 

[HvyBeams]

If you are sitting glassing from a different unit into your unit a reasonable officer would believe you have the intent to hunt the unit you have a tag for. You might have to explain what you are doing and show you know exactly where the unit boundaries are. If he contacts you while walking, again, you might have to explain what you are doing. It's no different if you are sitting in your truck, or close to your truck, glassing from a different unit into your unit. There's nothing illegal about it. If you have an arrow knocked while sitting glassing a mile away from a different unit into a your unit I would say get ready to accept a summons as that changes the facts and circumstances.

 

[PF_JM]

I would say you are good because there is not really a violation until you put something on the ground but like someone else said, why not ask the people that could possibly cite you for it. This is definitely not the situation that you would rather ask for forgiveness than permission.

 

[Bubblehide]

In my conversations with wardens and retired wardens from my state, CA, they cite for this. They see it as a violation of the regs. Hunting in the wrong zone. Clearly you are "in pursuit" have a weapon, and therefore hunting in the wrong zone. There is no need for there to be an animal down. That is why I suggested contacting the warden(S). They might advise leaving your in the zone you have a tag for. There was a warden here citing hunters this when the hunters claimed to just be passing through one zone to get to another (frankly If that was the case, I think it's bad enforcement).

 

[Josey Wales]

I just called CPW and they said I can glass from the adjacent unit as long as I don't have an arrow knocked. Thanks for your input.

 

[Where's Bruce?]

No doubt in CA you may get cited however, it can be won in court if you provide some simple evidence. I have challenged citations in the past and won...the regs are so poorly written in CA that they are often deemed too vague for the layman to understand and in those instances the law requires the citizen be given the benefit of the doubt. You may need to provide the court a map showing where you were, the unit line and the area you were glassing but it is a solid defense. You gotta approach from the side where the wind doesn't work against you. Remember, GWs are not the final say, they are just the revenue officers. The court is the final say. I would beat that citation.

 

[muddydogs]

I just called CPW and they said I can glass from the adjacent unit as long as I don't have an arrow knocked. Thanks for your input.

Good for you, as you can see from the posts that when it comes to legal issues its best to ask law enforcement or find the appropriate laws on the books. Way to many people want to interject there personal feelings, biases and wives tales into what they think the law is. People don't realize that the laws don't tell us what is legal but only whats illegal.
I see this kind of behavior when talking about concealed carry laws, the one that always gets me is the notion that it's illegal for interstate truck drivers to have a weapon in there truck. People seem to believe that its against federal law.

 

[Bronc]

Personally, I would still email them. That way you have it in writing. The officer you run into in the field might have a different interpretation of the law than the person you spoke to on the phone.

 

[Bubblehide]

Good for you, as you can see from the posts that when it comes to legal issues its best to ask law enforcement or find the appropriate laws on the books. Way to many people want to interject there personal feelings, biases and wives tales into what they think the law is. People don't realize that the laws don't tell us what is legal but only whats illegal.
I see this kind of behavior when talking about concealed carry laws, the one that always gets me is the notion that it's illegal for interstate truck drivers to have a weapon in there truck. People seem to believe that its against federal law.

This is totally wrong. Most of the laws we are used to, tell us what we can not do. However F&W regulations are Prima Facie laws, they tell us what we can do, anything else is illegal, i.e., method of take, you don't see knife, spear... listed, therefore those methods of take are illegal. Additionally, Prima Facie laws are based on first impression until proved otherwise. In other words, if you look guilty, you are presumed (I did not say assumed, big difference) guilty until proven otherwise. It's a very important concept to consider when being questioned by a Warden.