Required Orange needed for photos?

[cnelk]

I’ve heard stories of people getting written up by wardens for not wearing required orange in their trophy pics.

I also see many pics taken this way.

Can a ticket be issued ‘After the Fact’ for this?

 

[PassCreek]

I've never heard of it happening in CO. I usually take my vest off for photos.

 

[Michael54]

I'm not sure the rule here in PA to be honest. If it can be fined im screwed. Most of my deer here are pics of me in my heavyweight blue fr hoodie.

 

[Scorpion]

Can’t imagine it holding up in court, even if a ticket were issued. I’ve never heard of it happening to someone I actually knew, kind of an urban legend.

I take orange off for all my trophy photos.

 

[Erict]

I don't see how a ticket could be written "after the fact" based only on a picture. The burden is on the officer to prove the violation, including the date/time/location. Sounds like more of a "story" than fact.

Like others, I always take off my orange as I think the pics look better without it.

 

[elkguide]

Letter of the law issue. If the Fish Cop wants to he could because as long as you are in the field, you are hunting and if orange is required for hunting, there is your ticket.

Baiting deer is illegal here and a young warden ticketed an 82 year old man here for throwing apples from one side of the apple tree to the other so he could see the deer from his stand. According to the letter of the law, if you place anything for the purpose of attracting game, it is baiting. (fortunately the judge was a hunter and threw it out!)

 

[brsnow]

Technically you are done hunting at that point.

 

[sndmn11]

Technically you are done hunting at that point.

10000%! Carcass tag ag is signed and detached, that means you cannot legally continue to hunt, and therefore are no longer hunting.

This falls along the lines of silliness in thinking those accompanying a hunter, like a guide or friend, need orange to be legal.

 

[Nickofthewoods]

This is a picture of a buck I shot in 2014. I showed the photo to two Colorado District Wildlife Managers a few days later, as I had talked to them both early in the hunt and they asked me how I ended up doing. I had worn my required orange during the hunt, and while a friend and I dragged it out of the Forest. Once at the truck I shed my orange, it was after dark, and my buddy reminded me that we should get a photo before loading it into my SUV. The Wardens never questioned me on the orange When I showed them this photo. They also never said anything about the tag attached to an antler (not supposed to do that).

 

[Poser]

While I don’t see hunters orange regs being repealed and actually having to wear it is little more than an annoyance sometimes (like when you put your puffy on or need to pull your rain shell over your head), the fact that these regs still exists in 2020 is just stupid. I was helping a buddy fill a bear tag back in sept. We hiked for miles and miles, saw all kinds of people: archery hunters, day hikers, backpackers, scouters, Mtn bikers etc. how in the hell can it possibly make any reasonable sense to any reasonable person that the only person in the woods required to wear orange is my buddy who is toting a rifle? It’s ******* stupid. Again, a little more than annoyance, but it is stupid that it is required.

 

[Marble]

The warden would have to convince a DA to file that charge and I find it hard to believe it ever would happen.

There is so much the warden would have to prove it seems rather difficult for it to actually happen.

They would have to prove jurisdiction, location, and date and time (roughly). I can see a pile of defenses someone could offer up.

It sounds like campfire stories to me. I doubt this has ever happened.

Sent from my SM-G986U using Tapatalk

 

[Jethro]

Never heard of it happening in PA. The way our orange laws are, technically most likely illegal. I just noticed this year (so don't know when the change was made), the regs say orange has to be worn 1 hour prior to and after legal shooting hours. So can't even walk in/out when its dark without orange.

The scenario someone mentioned about tag being punched, done hunting, just dragging/packing it out....that would definitely get you at least a warning if not a citation. But in PA rifle season, nobody should drag/pack one out without orange. Wouldn't be smart.

 

[Cedarsavage]

I always try to have that and the tag clearly in the picture so there’s no question about legality

 

[Fartrell Cluggins]

I am not aware of a state that has a legal definition of hunting that would allow for a citation in those circumstances.

 

[Nomadx2]

If you have a tagged animal you are no longer hunting. Would be the equivalent of stopping you in your truck, with a tagged animal and writing you a ticket because you did not have orange on.

 

[5MilesBack]

If the intent of the law is to "protect" said hunter while in the woods hunting when they are nowhere near a trophy animal, then logically it would make even more sense for that required protection while kneeling next to the animal because someone could be shooting at said animal........and would be even more important while packing said animal out of the woods......especially for those guys that haul their trophy elk out with the rack "up".

Having said that.......I believe this whole area should fall under a long lost American concept called personal responsibility.......which not only "allows" each of us to make our own decisions that don't affect anyone else, but also makes us individually "responsible" for such decisions.

 

[Treerat-sniper]

Never heard of it in IA but if you are "party-hunting" like many do, you are not done hunting after attaching a tag.

 

[Dos Perros]

The definition of hunting, according to the law, could include the recovery of an animal.

Montana:

(6) "Hunt" means to pursue, shoot, wound, take, harvest, kill, chase, lure, possess, or capture or the act of a person possessing a weapon, as defined in 45-2-101, or using a dog or a bird of prey for the purpose of shooting, wounding, taking, harvesting, killing, possessing, or capturing wildlife protected by the laws of this state in any location that wildlife may inhabit, whether or not the wildlife is then or subsequently taken. The term includes an attempt to take or harvest by any means, including but not limited to pursuing, shooting, wounding, killing, chasing, luring, possessing, or capturing.

So there, they'd say you're hunting because you possess the animal.

 

[Dos Perros]

The fine in Montana is at least $10, not more than $20. Are other states much worse?

 

[MallardSX2]

100% True story.

I had a warden try and fine me for going in an hour after dark with my tractor to get a buck out of the woods lol I was loading the deer up with the tractor and he came up right behind me. Actually he scared the crap out of me. It was 8:00 at night and I was on my own land. He was wearing a pair of slippers and had ran 500 yards across my field to investigate the lights he had seen" The idiot came springing out from behind a tree about 10 feet away from me.

The deer was shot 100% legally on my own land. It was tagged. It was the most legit hunt anyone has ever done.

I told him to meet me at my house across the field if he needed to talk further. When I got to my house he was waiting on me.

I asked him if he had one brain cell of common sense. He then went ahead and wrote me a written warning and I wrinkled it up and they it in the trash can right in front of him. I can tell you for free that he didn't like that. He said " You know what, I think I am going to go ahead and write you a citation".

I laughed in his face and told him that if he wrote me a ticket I would take out an add in the local paper bashing him and the agency for harassing me on my own property, and I would see him in court.

Him and his "Deputy" got in their truck and drove off all pissed off....

Keep in mind this is the same warden I had called 5 times trying to get him to come out to my place to try and catch the people jacklighting deer in my field for the last month.

Then they wonder why they get a bad rap. The only thing he got from me was wet feet and soaked slipper from crossing the ditch in the field. lol