MA Hunting laws

[Coyote33]

Could someone help me out? I have the abstracts, and see what they want you to do and not do.

Does anyone have the actual law for these anywhere? Or, alternatively, the regulation, CMR, rule, or other?

Specifically, looking for the laws which say you can't have a pistol on you when hunting (shotgun or black powder deer season or archery deer season); can't have larger than .38 (or is it .22LR) in the woods at night, can't use buckshot or slugs except during deer season, etc.

Thanks.

 

[413dan]

View: https://youtu.be/wu7UxMn65xo


assuming you're in MA referencing the CMR's
check out this new video from GOAL, 7:14 mark starts to talk about this. they will be updating their website and likely make a new video when they hear back from the MA EPA. but the Bruen ruling should have nixed the no carrying while hunting bs.

 

[HorizontalHunter]

Could someone help me out? I have the abstracts, and see what they want you to do and not do.

Does anyone have the actual law for these anywhere? Or, alternatively, the regulation, CMR, rule, or other?

Specifically, looking for the laws which say you can't have a pistol on you when hunting (shotgun or black powder deer season or archery deer season); can't have larger than .38 (or is it .22LR) in the woods at night, can't use buckshot or slugs except during deer season, etc.

Thanks.

To answer your specific question:

321 CMR 3.02(5).
(m) During the shotgun deer season and Youth Deer Hunt, a person shall not hunt a bird or mammal with a rifle, revolver, or pistol or by the aid of a dog, or have in his or her possession or under his or her control in any wood or field a rifle, revolver or pistol or a dog adapted to the hunting or pursuing of birds or mammals, except that this shall not prohibit the use of dogs while hunting waterfowl on coastal waters.

321 CMR 3.00: Hunting

 

[dixidawg]

So that means you can carry during the archery and muzzleloader seasons?

 

[HorizontalHunter]

So that means you can carry during the archery and muzzleloader seasons?

Yup they got it covered. I thought I had clipped it all when I posted above.

321 CMR 3.02(4)(b). During the exclusive archery period of the open season a person hunting or in pursuit of deer shall not use, have in his or her possession or under his or her control in any field or woodland a dog, a rifle, a shotgun, or a firearm of any kind, nor shall he or she have in his or her possession any shotgun shells loaded with a single ball or slug or buckshot in any place where birds or mammals might be found. During the exclusive primitive firearms season a person hunting deer shall not use, have in his or her possession or under his or her control in any field or woodland, a dog or firearm, except a primitive firearm.

321 CMR 3.00: Hunting

 

[Coyote33]

I am wondering how these are determined. Are these laws? Regulations? "Rules"? Who determines them?



Specifically, from here, General hunting regulations , these:

• Rifles chambered to take ammunition larger than .22 caliber long rifle, and pistols and revolvers chambered to take ammunition larger than .38 caliber, between the hours of 1/2 hour after sunset and 1/2 hour before sunrise.
• No possession of a shotgun shell loaded with a slug, sabot, single ball, buckshot (any size), except during the open seasons when deer may be hunted with a shotgun, or on a skeet, trap, or target range between sunrise and sunset.
• Target shooting on Sunday except on one’s own property or on a recognized shooting range.

And from here, Coyote hunting regulations , this:

Rifles and handguns:

• Nighttime hunting: During the period from ½ hour after sunset to midnight rifles are restricted to those chambered not larger than .22 long rifle and handguns are restricted to those chambered not larger than .38 caliber.

Prohibited:

• Artificial light

And from here, Coyote hunting regulations, this:

2022 hunting season dates
Jan. 1 – March 8, 2022
Oct. 15, 2022 – Mar. 8, 2023
All dates inclusive. Hunting on Sundays is prohibited.

 

[Catoperat]

I am wondering how these are determined. Are these laws? Regulations? "Rules"? Who determines them?

"Regulations" or CMRs (Code of Massachusetts Regulations) are set by and can be changed by the Fish & Wildlife Board. MGLs are set by the Legislsture and can only be changed by the Legislature.

 

[Spartan65]

Not to high Jack this thread. But Is being in possession of night vision illegal while hunting?

obviously shooting outside of daylight hours is prohibited, but what if you are just using it to get out to your stand when it’s pitch black out I know artificial light is a no go also. I would assume being in possession of NODs would be evidence enough to charge you.

 

[Coyote33]

"Regulations" or CMRs (Code of Massachusetts Regulations) are set by and can be changed by the Fish & Wildlife Board. MGLs are set by the Legislsture and can only be changed by the Legislature.

Is there a process for doing this? Do they have public input hearings throughout the year? How does one bring about changes?

 

[MisterHappy]

There is generally a codicil to the effect of, "The [insert bureaucrat title here] may promulgate regulations relating to this law...." or some such, at the end of enabling legislation. So, no. .Gov does what it wants.

q.v.:

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter176o/Section17

If you want change, you'll have to contact Sisyphus, or your State Rep or Senator. Yeah...they love to take back laws.....

 

[HorizontalHunter]

Is there a process for doing this? Do they have public input hearings throughout the year? How does one bring about changes?

Generally the answer is yes. (I say generally cause Massachusetts)

The license fee increases are the perfect example of this. Some of the fees are set via CMR and were increased via the regulatory process. Others were not able to be changed as they are set by the legislature. (See the chart below) The moose season is the same IIRC. The moose season prohibition was set by the legislature IIRC

https://www.mass.gov/doc/masswildlife-fee-schedule-2022-2026/download

 

[MisterHappy]

Not to high Jack this thread. But Is being in possession of night vision illegal while hunting?

obviously shooting outside of daylight hours is prohibited, but what if you are just using it to get out to

your stand when it’s pitch black out I know artificial light is a no go also. I would assume being in possession of NODs would be evidence enough to charge you.

Night hunting is NOT prohibited, for certain species.

I don't know about night vision devices, but "hunting" is defined in DPRM in an extremely broad way - hitting brush piles with a ski pole to scare rabbits for a Falconer's bird to chase requires a hunting license.

Read the Abstracts/Laws/Regulations yourself. Nobody on this board will be there to argue with the EPO, out in the woods, for you.

 

[Spartan65]

Night hunting is NOT prohibited, for certain species.

I don't know about night vision devices, but "hunting" is defined in DPRM in an extremely broad way - hitting brush piles with a ski pole to scare rabbits for a Falconer's bird to chase requires a hunting license.

Read the Abstracts/Laws/Regulations yourself. Nobody on this board will be there to argue with the EPO, out in the woods, for you.

That’s they way I also read it. Just didn’t know if anyone had experience and or case law (not there is much).

 

[peterk123]

You all need to move. Insane that you can't have a sidearm if you are licensed to carry. Or just conceal carry and don't worry about it. With increased black bear population and drugged out lunatics it is just prudent. Mace or bear spray is an option, if it's even available in massachusetts. Although you probably can't have that either.

One of our friends just got charged by a black bear yesterday while walking his dog. It was a false charge but a charge nonetheless. Came within ten yards. Granted it wasn't mass, but a black bear is a black bear. Mass or Montana, they are the same size. Last I looked mass had not declawed them.... yet.

 

[Catoperat]

Is there a process for doing this? Do they have public input hearings throughout the year? How does one bring about changes?

If it's an MGL you have to go through your Legislator or a ballot initiative (think Question 1 from 1996 that basically banned trapping).

If it's a CMR there are a couple methods -

Pressure from the Governor/Legislature on the F&W Board to address an issue (coyote hunting contest for example)

An individual or a group (Sportsman's Assoc. for example) can petition the Board in writing or verbally (during a meeting after being put on the agenda) to address issues in the CMRs. This results in the Board tasking F&W staff/biologists to do a review and come back to the Board with recommendations regarding the Boards request. This is followed by a public input period where verbal and written comments are collected. The collected information is then reviewed and a decision is made by the Board. Easy peasy