DaKnife wrote:I wouldn't push too hard in that direction or the DWR will ask the legislature for exceptions to be added to the code.
DaKnife wrote:You don't need a hunting rifle to just go hiking, if it's hunting season what other purpose would you have for carrying one unless going hunting, in that case do you have a tag/license?
The firearm restrictions in this section do not
apply to concealed firearm permit holders carrying a
concealed weapon in accordance with Utah Code
§ 76-10-504, provided the person is not utilizing the
concealed firearm to hunt or take wildlife.
TMair wrote:I know this is not a gun violation but it goes to show how they try to cite you for whatever they think they can get away with, a few years ago I was out hunting ducks, when I got back to the truck there were the COs, in checking they asked were the empties where, I had a few but in my haste had neglected to pick up empties, my bad and I know it, I reload so that is not normal for me, anyway he sited me for littering, the entire hunt I was on private land, I argued with him, and fought him on the thing the whole time, let him know I was going to fight it, Can't remember why he had to follow me home but he did, had lights out on his truck, and failed to use his turn signals, I hassled him about that too, the next day I went hunting in the same area, and yes I did pick up the empties that I had dropped the day before, like I said I reload, and it was not like me to just drop hulls, came back and there was the CO, told me to tear up the ticket from the day before, had some excuse, but my guess is he checked on where his athority ended, so it never hurts to let them know you are not happy, and that you WILL fight their ticket if you know it is wrong.
But kudos to the cheif for making the changes in the proclimations now if he can change some attitudes.
DaKnife wrote:I wouldn't push too hard in that direction or the DWR will ask the legislature for exceptions to be added to the code. In my mind they do have a legitimate need and purpose for some limitations on the firearms people are carrying during the hunts. You don't need a hunting rifle to just go hiking, if it's hunting season what other purpose would you have for carrying one unless going hunting, in that case do you have a tag/license? If not what other conclusion can the DWR officer come to than that you are planning on taking game without a license or tag, in other words you are a poacher. We have enough problems with people poaching wildlife, we don't need to make it harder to prevent such crimes.
The firearm restrictions in this section do not
apply to concealed firearm permit holders carrying
a concealed weapon in accordance with Utah Code
76-10-504. Carrying concealed dangerous weapon -- Penalties.
(1) Except as provided in Section 76-10-503 and in Subsections (2), (3), and (4), a person who carries a concealed dangerous weapon, as defined in Section 76-10-501, including an unloaded firearm on his or her person or one that is readily accessible for immediate use which is not securely encased, as defined in this part, in or on a place other than the person's residence, property, a vehicle in the person's lawful possession, or a vehicle, with the consent of the individual who is lawfully in possession of the vehicle, or business under the person's control is guilty of a class B misdemeanor.
(2) A person who carries a concealed dangerous weapon which is a loaded firearm in violation of Subsection (1) is guilty of a class A misdemeanor.
(3) A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of a second degree felony.
(4) If the concealed firearm is used in the commission of a violent felony as defined in Section 76-3-203.5, and the person is a party to the offense, the person is guilty of a second degree felony.
(5) Nothing in Subsection (1) or (2) shall prohibit a person engaged in the lawful taking of protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code of Utah, from carrying a concealed weapon or a concealed firearm with a barrel length of four inches or greater as long as the taking of wildlife does not occur:
(a) within the limits of a municipality in violation of that municipality's ordinances; or
(b) upon the highways of the state as defined in Section 41-6a-102.
No personal firearms or edged weapons are allowed in camp.
Isn't the rule below illegal according to Utah State Code 76-10-500 and 53-5a-102?
Weapons will only be allowed during the camp that are carried, and maintained according to state law.
manithree wrote:I'm not sure whether to be happy that the DWR is so responsive, or annoyed that they have to be. But the person I corresponded with this time (Megan Keller, curator of the park museum) was very polite and cooperative.
The rule didn't get changed until after our trip, but I carried anyway.
manithree wrote:Thank you for your email and your concerns. I have been working on rule and language changes for the divisions proclamations that deal with conflicts with Title 53 and Title 76 firearms laws. Let me start off by saying that you certainly have the right to carry a firearm for your protection as you accompany your son or daughter on the turkey hunt. I can only recommend that you not choose a shotgun for protection as that may get the suspicion level of an officer up as to what your intentions are.
The language in the Turkey Guidebook is in an informational box and not in the main rule so its force of law is even more suspect. We are going to change it and unfortunately it slipped through the cracks for this year. Please feel free to use this email as proof that you conversed with me and clarified your rights if necessary. I will notify my officers and tell them not to enforce that specific language until we have a chance to fix this.
Take care and good hunting,
Chief of Law Enforcement
Utah Division of Wildlife Resources
So it seems at least someone at DWR is aware of the actual laws and is doing something about it. At least for the youth turkey hunt. +1 for Chief Fowlks
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