Conference vmsnet::hunting$note:hunting

    Dana,
    
    I'm not sure if it is legal or not, but what I usually do is
    go in 3/4 - 1 hour before sunrise and take a snooze with the
    gun empty.  Any animal that you come upon is going to scatter
    faster than greased sh!t.  I wouldn't worry about being 
    attacked.
    
    If you are really scared of critters....  and hunting southern
    NH, load your shotgun with #6 until sunrise.  Then your legally
    ready for racoon.  When the sun comes up, reload with slugs..
    
    my $.02
    Greg

    
    Guess this could be a rather sticky situaton, because it probably
    varies from state to state as well as county to county.  However, I
    normally get in the stand 3/4-1 hour before the first light, like Greg
    in reply .1.  I do go through the woods with a loaded weapon, my
    primary concern is not the four legged animal.  
    
    Leonard

    
    I like to get in about 1 hour before first light also. I personally
    don't walk in with a loaded gun, I'm not saying it's the "Right" thing
    to do, it's just what I do. I feel that if I were to trip in the dark
    I know for sure that I'm not going to accidentally shoot myself or
    anyone else. Another reason is that if you were to run into a game 
    warden who wanted to be a real stickler for the law he could cite 
    you for hunting before legal shooting time. 
    
    
                                   Walt

    
    Ditto with me. I never load my gun or put the cap on, if your muzzle
    loading, until legal hunting hours...One can never tell what might
    happen...
    
    Hi Greg, long time no see.. Send me a line sometime..
    
    Gus

In NY if they catch you with a flashlight and a loaded rifle( >.22 rimfire)
or shotgun (> #4 ) you are automatically guilty of poaching deer.
An article in a hunting magazine recommended that you carry a penlight (the
cheap kind that throws light in a wide area and can't produce a beam). This
gives you enough light to see and allows others to see you so you don't get
shot. Most wardens would be uderstanding over this since you obviously
can't possibly be spotlighting with the penlight. If they are not you could
probably beat the rap in court.

Better method is to leave the rifle/shotgun unloaded and bring your handgun.
I bring my S&W 629; on some days I don't even bother with a rifle. Carrying a 
hangun with a barrel <8" while using a light is 100% legal in NY (shows you
the stupidity of some of these laws).

 I load up on the walk in for one reason; I have semi autos which I use
for hunting and they make a hellish amount of noise when you load them.
There's no point in getting in early if you are going to pinpoint your
position with a loud and unnatural noise. I'm not really hunting, as I wouldn't
take a deer before legal time even if was a Boone and Crocket shoo in. 
I hope I never get questioned about it, because many conservation officers
are real hardasses because of some of the jerks that are in the woods. I
don't think I'm too likely to have this problem as I generally hunt private
land anyway, but it would be nice to have an official word as to whether
this is legal or not.

     In Maine, it is considered illegal to have a loaded rifle in/near
    the woods, both before legal starting time and after stopping time.
    Doesn't matter if you're just walking down the dirt road to your
    camper at the end of the day, or going into the woods an hour early.
     If Mr. Warden catches you, he will probably sock you with a fine.
    There are provisions for nighttime hunting for coons/coyotes, but you
    had better adhere to the strict letter of the law if you plan on
    being out after dark/before sunrise with a loaded gun. I believe this
    includes handguns for those who do not have a valid permit.
     Keep in mind, too, that a lot is up to the warden's discression. If
    he wants to be a real brute, the state can end up in possesion of
    any article used in the commission of a "crime". Not only your rifle
    can be confiscated, but the vehicle which brought you to the scene.
    Plain and simple in court: you were poaching. The law is clear (in the 
    eyes of the law/wardens)
     But then again, he could let you off with a warning. 
    
    FWIW
    
    Bob

I never walk around the woods when it's dark with any loaded weapon.  I've
never given any thought to protection though (which is what I gather you're
concerned with).  Maybe walking around with your chamber open and a shell or
cartrage handy is a good alternative.

I like to be IN my stand an hour before sunrise and never sleep until legal
shooting time.  I'll just (as quietly as possible) load up at legal time.

Also, doesn't the sun now rise at around 7:00??

/marc

    
    
    	Well according to what the regulations say, legal hunting
    	hours are from 1/2 BEFORE sunrise to 1/2 hour after SUNSET
    	(I'm talking DEER hunting here). Sooooo, if you are in the
    	woods before that time with a LOADED gun (putting my game
    	warden hat on), I'd presume you were hunting BEFORE legal
    	hunting hours or as was put on a written warning seen by
    	myself (HUNTING DURING THE CLOSED SEASON), thereby in 
    	VIOLATION...
    
    	Keep in mind this is for MA anyway... Your mileage may 
    	vary depending on the State(s) that you hunt.
    
    
    					~Mike~ 

 Does anybody know for certain if carrying a loaded gun in the woods before 
legal shooting time is considered to be prima facie evidence of hunting in
NH ir is the burden on the F&G to prove you were actually hunting, ie, willing
to pull the trigger? And is loaded defined as "having a bullet in the chamber"
or "having a loaded clip in the gun, even with an empty chamber"?

             Re:last
    
           Yep, you will have to deal with the noise.  I just got off
    the phone with a Lieut. from the N.H. F. & G.  He stated that if
    you enter the woods with a firearm that is loaded, this would put
    you in the category of someone who is 'hunting' and it is illegal
    to 'hunt' before or after legal shooting hours.  I probably didn't
    explain it as good as he said it but I hope you folks get the jist
    of it.  Call the headquarters for specifics...........
    
    
                     Bob

    
    I don't mean to be picky, or question .11, but it was my understanding
    that it was legal to carry a loaded gun in NH as long as it was 
    not concealed. If this is correct, then why would it be illegal to 
    walk into the woods with a loaded gun?  I would assume hunting is not
    done until you take a shot?
    
    During duck season, we usually load right at shooting time since I can
    see how the wardens would react in any event. Deer season we usually
    are heading in right about sunrise or just before so it is legal to
    hunt when we head in.
    
    --Bob
    

    
    
    	re .-1
    
    	Well since you probably are NOT going to look for "criminals"
    	in the woods during hunting season dressed in hunting garb,
    	I'd presume you were "hunting". I suppose if you got a lenient
    	warden and said you were just taking a stroll in the woods
    	in the dark with a loaded gun, I'm sure he'd understand ;-);-)
    
    
    	This is all PURELY hypothetical I'm sure....
    
    
    				~Mike~
    

    
    re:11
    
    Sounds like I've been poaching for years. But, never new it. I'm guilty
    of sitting in my deer stand, in my duck blind, with a loaded gun before
    1/2 hour before sunrise.
    
    Oh well, sunrise is at 7am, 1/2 before is 6:30am, I have 10pt buck
    standing 20 yds at 6:25am...I won't shoot til 6:30, right...ha,ha,ha,..
    
    Rick
    

    tsk, tsk...  ;^)
    
    Fra

    
    - FYI -
    
    Here in Ontario, not only is it illegal to have a firearm loaded before
    legal shoot time, but it must also be encased!
    
    Quote from Min of Natural Resources hunting regs...
    
    "Shotguns, rifles or other firearms in your possession must be unloaded
    and encased in places which game inhabits or may be shot, from one half
    hour after sunset to one half hour before sunrise. "Encased" means
    securely enclosed in a manner whereby the firearm is not readily
    accessible""
    
    This doesn't mean you have to carry you gun cabinet around with you...
    In the bush, its considered secure if your bow is in a zippered or tied
    bow bag or in a zippered or latched guncase.
    
    
    As far as getting in the bush too early. We usually get to stand
    *ideally* 1/2 hr to shoot time. Worked well this year. In fact the
    8-10yr old 9pt (23" rack) ,205# buck even crossed my extremely obvious
    path through the snow. Wasn't wearing any scent either (but thats
    another note!) Early risers might not help but it certainly can't
    hurt!!
    
    FWIW				/ Andrew /

    
    I checked with a friend of mine here in MASS who is a cop and he said
    if it was his call he would say that a person in the woods before legal
    time with a loaded gun is hunting. 
    
                                   Walt

 So what's the official definition of "loaded" in NH? Is it "with a round in the 
chamber" or "with ammunition in the magazine"?

     In MA. you are by definition considured hunting if you are in the
    woods with a loaded firearm.
    
    Jeff

    A loaded gun is one with either a bullet in the chamber, or one with a
    bullet in an inserted magazine. At least here in Ontario.
    
    Les

    I beleive it the same in N.H. If youu have a shell in the gun at all 
    it is LOADED...
    
    
                                                dan

     In Colorado it is considered loaded only if one is in the chamber.
    At least in laws concerning transport in vehicle.
    
    chuck

    In Georgia a firearm is considered loaded if it contains a round in
    the chamber or the magazine
    
    Carl

    re:-.1
    
    Same in Texas. Law reads something like, If weapon can be fired 
    without adding anything to it then it is loaded. ie: round in
    magazine and all you have to do is work the bolt or slide then
    it is loaded. I have never had nor known of any problem here in
    texas with this situation. I have been stopped on my way out after
    dark with a loaded weapon and flashlight and had my license checked
    but the question of "night hunting" was never mentioned.
    
    FWIW
    Harvey