Hiking through private property with a gun

[topher89]

Here is an ethical, legal question for you all.

I live in Colorado. Last night I was looking at some maps to identify some hunting spots. I identified two trails that would let me access some promising country. The alternative to these two trails (2-3 miles) is a 10 mile trail on the backside of the mountain. No roads or straightforward cross country trek that I can I see as of yet.

The issue is, both trails start in private property and stay in it for about a mile. These are legal and established trails so it is definitely legal to be on the trails, but what (if anything changes) when you are hunting? Can I bring a gun with me through this private land?

I have never thought about this situation before so if there is an easy and clear answer, don't beat me up too bad!

 

[muddydogs]

If the trail is open to the public then your good to walk with a rifle.

 

[fishslap]

I hike a trail like this that starts from a public pull off at private land. There's full signage for the public trail (established trail). It goes through private for quite a ways, including crossing a private bridge. Primary users are hunters. No issues carrying a rifle. I also rode in last year with the outfitter who owns the land and they were pointing out trails that branch off that I could take to get to other public areas.

 

[Beendare]

So many different rules/laws on this....

I would call the local GW....let us know what he says.

 

[topher89]

So many different rules/laws on this....

I would call the local GW....let us know what he says.

I was thinking if I didn't get a definitive answer here, I would make a call.

 

[303TrophyHusband]

In Colorado I wouldn't mess with it, best to just give the GW a call to make sure

 

[gwl79902]

In oregon hunting is the taking or attempted take. If you hike with your gun are you hunting, no. We can hike threw a closed unit but can not hunt in that closed unit. Ask a game officer but I would ask in the light of hunting or not. You may want to be careful to not piss off land owners if the access is only open because they are allowing it.

 

[Gatorgrizz27]

In oregon hunting is the taking or attempted take. If you hike with your gun are you hunting, no. We can hike threw a closed unit but can not hunt in that closed unit. Ask a game officer but I would ask in the light of hunting or not. You may want to be careful to not piss off land owners if the access is only open because they are allowing it.

I’m not sure that would apply when you’re wearing camo, have calls with you, and carrying a rifle and ammunition. But hey, try it out now and see if you aren’t written up for poaching. It is also a felony to trespass with a firearm, regardless of hunting or other activity.

 

[topher89]

I’m not sure that would apply when you’re wearing camo, have calls with you, and carrying a rifle and ammunition. But hey, try it out now and see if you aren’t written up for poaching. It is also a felony to trespass with a firearm, regardless of hunting or other activity.

Not sure where you are getting the trespassing part

As I stated, we are talking about legal, posted Forest Service trails. They go through private property but are trails open to the public. Sure, it would become trespassing if I hopped off the trail but being on the trail is not trespassing.

 

[Davebuech]

Not sure where you are getting the trespassing part

As I stated, we are talking about legal, posted Forest Service trails. They go through private property but are trails open to the public. Sure, it would become trespassing if I hopped off the trail but being on the trail is not trespassing.

and carrying a gun is not hunting

 

[WV Mountaineer]

I’m not sure that would apply when you’re wearing camo, have calls with you, and carrying a rifle and ammunition. But hey, try it out now and see if you aren’t written up for poaching. It is also a felony to trespass with a firearm, regardless of hunting or other activity.

This forum is quickly becoming the place to come and get the ethics preach. There is always someone ready to tell you what you need to do and how to do it. SMH.

 

[topher89]

and carrying a gun is not hunting

Not sure if you are agreeing with me or disagreeing....

 

[Davebuech]

Agreed. passing across a right of way is not trespassing any more than carrying a gun is hunting. Camo or not,

Not sure if you are agreeing with me or disagreeing....

 

[topher89]

Agreed. passing across a right of way is not trespassing any more than carrying a gun is hunting. Camo or not,

Got it.

I sent an email off the CPW and to the local FS office to see what they think. I will post their responses when I get them

 

[gwl79902]

All I can speak to is Oregon but here the old rules said you could not possess certain firearms in the field during a controled hunt. Then it was challenged and it was found that ODFW could not make rules on possession only the use of firearms. So now we can walk around with a loaded .338 in elk season without a tag if you have the gun for protection. You can not hunt unless you have a tag but you can possess the firearm. Not saying I agree with the rules but that is how it is here.

So under the old rules here you could not walk threw a closed unit with a gun to go hunt an open unit. Now you can