Can someone with no tag carry my spare rifle?

[sndmn11]

Interesting....

In some instances, game wardens may actually have more power than police officers when it comes to warrantless searches of persons or vehicles.
Typically, police officers must have probable cause or consent to search a person or a vehicle without a warrant. A 2012 California Supreme Court case found that even when a game warden lacks reasonable suspicion that a person has violated an applicable fish or game statute or regulation, they may still stop the suspect's vehicle and demand the suspect display any fish or game in the suspect's possession.

Correct, there is case law applicable in Colorado with very very low standards for articulation essentially allowing any Law Enforcement Officer to perform a brief detention for wildlife related contacts.

I have never said that they may not get questioned, I would expect them to whether or no they both had license or none of them had. Checking for a license is as standard as asking for registration and insurance on a traffic stop. I am saying that if there is no observation or evidence of "hunting" by the sherpa, that's the end of the story. LEOs have better things to than to try and force a crime on someone because they know the next contact is fresh and might turn up a violation so there is no sense in sticking with a dead end.

 

[sndmn11]

All because you wouldn’t let this shit die 4 pages ago! Save your friendship Chris!!!

Well, there is no sense in letting the thread end with false information from folks who do not live in Colorado, and have no law enforcement experience in Colorado. I hate seeing mythical law believed as fact.

 

[LandYacht]

What law would exemplify the spirit of making that act illegal?

I have four years experience as a Police Officer in Colorado, one year as a Field Training Officer....and a 3" thick three ring binder full of various certifications relevant to that position. What reality am I missing on the matter?

Edited: Not worth the drama.




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[sndmn11]

Edited: Not worth the drama.




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So what is the statute?

 

[KSP277]

I have four years experience as a Police Officer in Colorado, one year as a Field Training Officer....and a 3" thick three ring binder full of various

I can remember back when I had 4 years experience.....

Just giving you a hard time. Agree to disagree.

 

[sndmn11]

I can remember back when I had 4 years experience.....

Just giving you a hard time. Agree to disagree.

I like discussions like this. I am sure you have run across things that folks are convinced are legal/illegal due to mythical law, and I would imagine you let them know what is fact. You might even direct them to the statue so they can read it themselves. So now the person who asked the original question has information from the Law Enforcement Agency, he has resources to read the Colorado Revised Statutes, he has a resource to locate the definitions of relevant terms, and he has available to read the ethical/moral views and opinions about the subject from a lot of different folks.

 

[atenjones]

Kind of off-topic, but it was mentioned earlier.
I’m new to western hunting, and want to make sure I’m correct here:

If I have a tag, but my buddy does not - can he set up behind me and call? Or is that considered hunting without a license? He won’t have any weapons, and I’ll be the only one shooting anything. I thought that was a very common tactic, but now I’m second guessing everything.




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[ChrisAU]

Kind of off-topic, but it was mentioned earlier.
I’m new to western hunting, and want to make sure I’m correct here:

If I have a tag, but my buddy does not - can he set up behind me and call? Or is that considered hunting without a license? He won’t have any weapons, and I’ll be the only one shooting anything. I thought that was a very common tactic, but now I’m second guessing everything.




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Yeah that would seem much more like hunting than carrying a rifle on a backpack would. By this thread it would seem a good half or more of Rokslide members are poachers!

 

[tt_johnsclist]

[email protected]

Do us all a favor and post their reply!


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[atenjones]

[email protected]

Do us all a favor and post their reply!


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Done, for my question at least.

 

[Bubblehide]

In Ca, the law pertaining to the Op's question relates to the "In pursuit of" section In pursuit of has a broad definition. Meaning that if you are viewed as looking for game, glassing game, tagginging along with a hunter, you meet the definition, and are deemed hunting. Years ago, I hunted elk in Co, with a buddy, I got mine opening morning. The rest of the hunt I left my rifle in my truck. When we came across the warden, or better said, when he came across us, he asked me why I wasn't carrying a rifle. Long story short, The warden stated that since I was "hunting with my buddy" as in helping him, if I were carrying a rifle, he would have cited me since I had already filled my tag. Now, I am not saying the law is still the same. I haven't hunted Co in several years, and I simply haven't kept up. But, removing the bolt and ammo suggestion is a very good one. My point here is that if the person carrying the extra rifle is viewed as being in pursuit of; as in visually seen by the warden or how he/she articulates what he/she is doing carrying the weapon, he/she could possibly be cited under the "in pursuit of" section of the law, if it is still in the law. I know it is in Ca. Having the intention of taking game is irrelevant.

 

[sndmn11]

Kind of off-topic, but it was mentioned earlier.
I’m new to western hunting, and want to make sure I’m correct here:

If I have a tag, but my buddy does not - can he set up behind me and call? Or is that considered hunting without a license? He won’t have any weapons, and I’ll be the only one shooting anything. I thought that was a very common tactic, but now I’m second guessing everything.




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In Colorado, your friend can call for you.

 

[atenjones]

In Colorado, your friend can call for you.

I figure you're probably right, but just to be safe I emailed them anyway and will take a screenshot of their response.

What concerns me is the statute says "or", not "and" - which could be interpreted as you only need to do one of those things.

"(25.5) “Hunt” means to pursue, attract, stalk, lie in wait for, or attempt to shoot, wound, kill, trap, capture, collect, or take wildlife. “Hunt” does not include stalking, attracting, searching, or lying in wait for wildlife by an unarmed person solely for the purpose of watching or taking photographs of wildlife."

 

[JLeMieux]

Just tell the warden that you thought that's what was meant by "2nd rifle season".

After reading this entire thread, I thought this was the best response.

In all seriousness, I would contact the warden for that area. Tell him who you are and your intentions. Tell him you are not comfortable leaving the spare in the truck or camp unattended and that you plan on having a trigger lock or locking cable through the bolt and you will be carrying the key. Then make your decision based on his response.

 

[atenjones]

I figure you're probably right, but just to be safe I emailed them anyway and will take a screenshot of their response.

What concerns me is the statute says "or", not "and" - which could be interpreted as you only need to do one of those things.

"(25.5) “Hunt” means to pursue, attract, stalk, lie in wait for, or attempt to shoot, wound, kill, trap, capture, collect, or take wildlife. “Hunt” does not include stalking, attracting, searching, or lying in wait for wildlife by an unarmed person solely for the purpose of watching or taking photographs of wildlife."

I got impatient and called. According to the nice person I spoke with at CPW, my buddy is totally fine to come along with me and assist, as long as I'm the one that shoots the animal. I didn't ask her about the legality of him carrying a spare rifle. Take from that what you'd like.

 

[ChrisAU]

I got impatient and called. According to the nice person I spoke with at CPW, my buddy is totally fine to come along with me and assist, as long as I'm the one that shoots the animal. I didn't ask her about the legality of him carrying a spare rifle. Take from that what you'd like.

Good deal. I'm gonna strangle one with a bugle tube!

Haha maybe a mod can lock the thread? I feel like there is too much info in it for me to delete it...and this way it will show up on the Google machine when some ignorant redneck like me searches for an answer.

 

[atenjones]

Response from CPW. Calling is fine, but I don’t think I’d carry, based on the reply.


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