when are you "not hunting"?

[Spanz]

lets say you are out in a state forest hunting. The trail you are on then temporarily leaves the forest, goes thru some private land, or a conservaton area, etc, where you are not permitted to hunt or are only permitted to hunt with written permission you lack, and you have to get to the other side. What do you legally have to do to prove you are not "hunting" while you temporarily walk across that land carrying your rifle and decked out in your hunting duds? Is unloading the gun considered to be sufficient? is it ok to have a loaded gun, but just not to shoot at anything while there?

was walking thru a state forest, and there was a stupid strip of "conservation private" land right across all the trails. Was not sure what would be legally correct, just in case one those really friendly Mass EPO people were on the trail.

 

[southshore]

I'd be interested in hearing peoples thoughts on this as well. My thought is when you unload or put your arrow back in the quiver but I'm not sure an EPO would agree.

 

[msdamato]

You mean you were hunting and got turned around and "somehow" ended up on the wrong side of the signs!!

Also, is it posted properly?

 

[white feather]

Foxboro?
http://www.foxboroughma.gov/Pages/FoxboroughMA_Conservation/fcch.pdf
Foxboro Hunting Rules and Regulations:
http://www.foxboroughma.gov/Pages/FoxboroughMA_Conservation/huntingfoxboro1.pdf
File not found...
http://www.foxboroughma.gov/Pages/FoxboroughMA_Conservation/FCMap.pdf
Harold B Clark looks OK. It is next to the "Foxboro Forest" (F. Gilbert Hills)

 

[edin508]

You need to walk around and stay off of the posted property. If you have a gun on the posted property, you are hunting there.

 

[whacko]

I have the green suites number in my cell phone. If game i am tracking crosses into posted or private property I'm calling first.

 

[Spanz]

You mean you were hunting and got turned around and "somehow" ended up on the wrong side of the signs!!

Also, is it posted properly?

No, it is not posted. I am hunting in a state forest where hunting is allowed. There is a parking lot area (the ONLY official parking lot), you walk in on the ONLY trail from the parking lot....a little ways in that one trail crosses unposted private land. The map for the forest clearly shows it as "private land". The trail goes on in the private land for maybe 0.1-0.2 miles, then branches off into multiple trails that go back into the state forest.

I guess I could bush whack thru a swamp and avoid the private land...but I notice the other hunters just soldiering on thru.

I would normally not care much, but they went out of their way to show the private land on the forest map! wonder why.

 

[HorizontalHunter]

IIRC you are considered to be hunting if your hunting implement is loaded; ie: arrow nocked, crossbow arrow on the rail, shells in the magazine/chamber. I took a quick for a cite but couldn't find one.

I would just walk in with an unloaded weapon.

What do you do about the 150' rule or 500' rule? It is the same issue.

If in doubt you can always call DFW and ask.

Bob

 

[one-eyed Jack]

You need to walk around and stay off of the posted property. If you have a gun on the posted property, you are hunting there.

This. Jack.

 

[Tundra02]

Is this in MA ? If so the law says (In laymans terms and INAL )" if the land is not posted " you can hunt until you are asked to leave by the land owner or his agent . Maybe JW can clarify .

 

[Adamant2010]

Depends on the town bylaws...some towns you need written permission while other towns if its not posted its fair game, regardless I still ask.

 

[Spanz]

Is this in MA ? If so the law says (In laymans terms and INAL )" if the land is not posted " you can hunt until you are asked to leave by the land owner or his agent . Maybe JW can clarify .

yes in ma. I did not know that...thought you always needed "written" permission here.

 

[HorizontalHunter]

yes in ma. I did not know that...thought you always needed "written" permission here.

Depends on the city/town.

Bob

 

[Tundra02]

yes in ma. I did not know that...thought you always needed "written" permission here.

The written permission my be a town bylaw . But not a state law that I know of . Call your local game warden and run it by him .I have found if you ask them about a specific situation like you have here . They can give you the info you are looking for .

 

[HorizontalHunter]

The written permission my be a town bylaw . But not a state law that I know of . Call your local game warden and run it by him .I have found if you ask them about a specific situation like you have here . They can give you the info you are looking for .

Here is a pretty good listing of which towns have restrictions.

http://macouncil.tripod.com/id28.htm

Bob

 

[white feather]

Guess it wasn't Foxboro...

 

[Spanz]

Here is a pretty good listing of which towns have restrictions.

http://macouncil.tripod.com/id28.htm

Bob

thanks

 

[MisterHappy]

OK.

You are considered to be hunting if your gun is loaded (or arrow nocked etc., or ML capped). This is why you have to unload within 150' of a road, and 500' of an occupied building, unless you have permission.

So. unload before you cross the line. Now, as to whether you can be walking with the gun on the questionable property, that's a town thing, most likely.

 

[Stape]

I think its called prima facta evidence (I hope I got that right) in that your in an area known to have deer, with equipment available to take deer. That's how it was explained to me.