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Posted

Ok, to not get more thread drift on the OP, and get more exposure on this subject stemming from this post:

As @Oh Shoot correctly stated, it is legal to have a loaded pistol or long gun in your vehicle, but the hunting regulation seems to contradict that.  From page 36 of last years (2017) regs:

Quote

Firearms: Use, possession or transportation of rearms, bows and arrows or other arms and ammunition is expressly prohibited except when authorized. Firearms loaded with ammunition in either the chamber or magazine may not be transported in vehicles. A muzzleloader is considered to be unloaded if the cap or primer is removed. A crossbow is considered to be unloaded if the bolt/arrow is removed from the device. See page 12 for handgun carry regulations.

The first sentence seems to support the transporting part with "except when authorized ", but then goes on to prohibit them being loaded.  Now, you would think that a law would supersede a hunting reg and you would have to be hunting for this to apply...but I can tell you from personal experience that the judge will take the game warden's word over yours if charged.  And though this may be a reg, there seems to be "law" behind it as many game infractions are misdemeanors.  Now, don't get me wrong, I support many of these hunting regs, but game wardens get too much leeway in the enforcement of them and there are too many loosely worded regs, and laws, which can be seen in different ways.

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Posted (edited)
7 minutes ago, Omega said:

Ok, to not get more thread drift on the OP, and get more exposure on this subject stemming from this post:

As @Oh Shoot correctly stated, it is legal to have a loaded pistol or long gun in your vehicle, but the hunting regulation seems to contradict that.  From page 36 of last years (2017) regs:

"Firearms: Use, possession or transportation of rearms, bows and arrows or other arms and ammunition is expressly prohibited except when authorized. Firearms loaded with ammunition in either the chamber or magazine may not be transported in vehicles. A muzzleloader is considered to be unloaded if the cap or primer is removed. A crossbow is considered to be unloaded if the bolt/arrow is removed from the device. See page 12 for handgun carry regulations. "

The first sentence seems to support the transporting part with "except when authorized ", but then goes on to prohibit them being loaded.  Now, you would think that a law would supersede a hunting reg and you would have to be hunting for this to apply...but I can tell you from personal experience that the judge will take the game warden's word over yours if charged.  And though this may be a reg, there seems to be "law" behind it as many game infractions are misdemeanors.  Now, don't get me wrong, I support many of these hunting regs, but game wardens get too much leeway in the enforcement of them and there are too many loosely worded regs, and laws, which can be seen in different ways.

I looked over TCA on the hunting regs, and can find no exact wording to support that quote. Sounds like a summation of a TWRA "ruling", much like an ATF one. I honestly don't know what's what regarding that.

- OS

Edited by Oh Shoot
Posted

Confusing and contradictory regulations?  Say it ain't so!  

I've seen that in the hunters guide too and wondered about it. My probably incorrect assumption is that having a HCP and generally being cooperative would mitigate some of the regulatory stupidity.  

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