Loaded Magazine in Vehicle when Hunting?

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  • INMY01TA

    Ultimate Member
    Dec 29, 2008
    5,834
    Doesn't these hunting laws conflict with our being able to open carry long guns in this state? :sarcasm:
     

    Ab_Normal

    Ab_member
    Feb 2, 2010
    8,613
    Carroll County
    Doesn't these hunting laws conflict with our being able to open carry long guns in this state? :sarcasm:

    Good point. But I'm not sure which would be better, walking around with fluorescent orange and a hunting license and not being able to carry CO long guns in the car or losing the hunting garb and getting hassled everywhere.:innocent0
     

    Mike128

    Active Member
    Feb 28, 2007
    205
    I believe there is a DNR rule that a loaded magazine that is readily accessible while a firearm is in the car is considered a loaded magazine. It's to limit poaching, so a poacher can't pop out shells and say the rifle wasn't loaded.

    The second part is, if a rifle is touching a vehicle it is considered in a vehicle. So leaning a loaded rifle on a tailgate is a no no.

    And yes I had a buddy get written up for spotlighting for those rules. It was cold and he was bundled up pretty good. Leaned an unloaded rifle against his truck,(bullets in his pocket), jumped in the truck and turned it on to warm up, and than stepped outside to unbundle. Out of habit he turned on the truck lights because it was dark.

    DNR pulled up wrote him a ticket for spotlighting and having a loaded vehicle in a car. His headlights were on and pointing in a field and his rifle was touching the truck. If the rifle was on the ground he would have been fine other than spotlighting. If he had backed in with the truck pointing toward the road than he would not have been written up for spotlighting. Even though there was a field on the other side of the road.

    Went to court and the judge was nice and just gave him a fine for spotlighting even though he could have been guilty of everything. DNR officer was also truthful and said the man was not in his car but outside undressing and the bullets were in the pocket and not the rifle.
     

    Mike128

    Active Member
    Feb 28, 2007
    205
    Another little known rule to careful of if you rent State Controlled Land. You can not hunt on Sunday. Even if you lease it, it's not considered Private. Any State land, rented, leased, whatever is considered Public.

    That also means you can't bait on it. Also, if someone wants to walk their dog on it, they can. It's not considered trespassing. Leasing means your the only one who can hunt it but anyone can walk on it who's not hunting.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,964
    Marylandstan
    IMHO this is referencing Rifles with internal magazines. When I climb into my tree stand with my Remington 700 I remove the round from the chamber and leave the fixed magazine full. I think this is the loaded magazine they are talking about.
    As far as the hunter Safety course comments, better safe then sorry. All you need is one bad encounter with a DNR agent to get a judge to give you the legal answer.
    I would think if the gun is leaning on the car and the magazine is in your pocket, you would have to be leaning on the car too:)


    I would think if the gun is leaning on the car

    This is a bad safety practice. :tdown:
     

    Ab_Normal

    Ab_member
    Feb 2, 2010
    8,613
    Carroll County
    I believe there is a DNR rule that a loaded magazine that is readily accessible while a firearm is in the car is considered a loaded magazine. It's to limit poaching, so a poacher can't pop out shells and say the rifle wasn't loaded.

    The second part is, if a rifle is touching a vehicle it is considered in a vehicle. So leaning a loaded rifle on a tailgate is a no no.

    And yes I had a buddy get written up for spotlighting for those rules. It was cold and he was bundled up pretty good. Leaned an unloaded rifle against his truck,(bullets in his pocket), jumped in the truck and turned it on to warm up, and than stepped outside to unbundle. Out of habit he turned on the truck lights because it was dark.

    DNR pulled up wrote him a ticket for spotlighting and having a loaded vehicle in a car. His headlights were on and pointing in a field and his rifle was touching the truck. If the rifle was on the ground he would have been fine other than spotlighting. If he had backed in with the truck pointing toward the road than he would not have been written up for spotlighting. Even though there was a field on the other side of the road.

    Went to court and the judge was nice and just gave him a fine for spotlighting even though he could have been guilty of everything. DNR officer was also truthful and said the man was not in his car but outside undressing and the bullets were in the pocket and not the rifle.

    I'd like to see the 'rule' about bullets in a pocket or whatever. That sounds a lot like a 'rural' myth. My guess is the judge didn't find him guilty of having a loaded firearm in the car because it wasn't loaded.
     

    Ab_Normal

    Ab_member
    Feb 2, 2010
    8,613
    Carroll County
    Another little known rule to careful of if you rent State Controlled Land. You can not hunt on Sunday. Even if you lease it, it's not considered Private. Any State land, rented, leased, whatever is considered Public.

    That also means you can't bait on it. Also, if someone wants to walk their dog on it, they can. It's not considered trespassing. Leasing means your the only one who can hunt it but anyone can walk on it who's not hunting.

    These would most likely depend on the wording in the lease.
     

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