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Carrying while hunting is illegal, right?
- Thread starter 76Too
- Start date
Chevy 2 65
NES Member
8. During the exclusive archery season for deer, a person hunting deer shall not use or have in possession a shotgun, rifle or firearm of any kind.
HorizontalHunter
NES Member
Hunting with Handguns
It is lawful to hunt birds and mammals in Massachusetts with a pistol or revolver of any caliber (including muzzle-loading pistols) and with a magazine capacity of any size, except:
1. The hunting of deer with a pistol or revolver is prohibited.
2. The hunting of wild turkey with a pistol or revolver is prohibited.
3. The hunting of migratory game birds with a pistol or revolver is prohibited.
4. The hunting of gray squirrel with a pistol or revolver in wildlife management zones 10 through 14 is prohibited.
5. Black bear may be hunted with handguns only during the September portion of the open season. The only handguns lawful for the hunting of black bear are the .357 Magnum revolver using .357 Magnum ammunition, and other revolvers chambered .40 caliber and larger.
6. On Wildlife Management Areas stocked with pheasant or quail, during the pheasant and quail seasons, pistols and revolvers of any caliber are prohibited, except for the use of pistols or revolvers chambered not larger than .38 caliber for the hunting of raccoon and opossum between the hours of 9:00 P.M. to 3:00 A.M.
7. During the period from ½ hour after sunset to ½ hour before sunrise, the use or possession of any pistol or revolver chambered to take larger than .38 caliber ammunition is prohibited.
8. During the exclusive archery season for deer, a person hunting deer shall not use or have in possession a shotgun, rifle or firearm of any kind.
9. Check the firearms statutes pursuant to M.G.L. c. 140 and c. 269 for laws affecting "large capacity" firearms (pistols and revolvers) and feeding devices, as well as those laws pertaining to carrying handguns generally.
This is not the complete law and is subject to change. Refer to provisions of M.G.L. c. 131, §§ 67 and 70, and to several provisions of the Code of Massachusetts Regulations, 321 CMR.
Regulations as of 12-31-04.
http://www.mass.gov/eea/agencies/dfg/dfw/laws-regulations/plain-lang-sum/hunting-with-handguns.html
This is all I am aware of.
It is lawful to hunt birds and mammals in Massachusetts with a pistol or revolver of any caliber (including muzzle-loading pistols) and with a magazine capacity of any size, except:
1. The hunting of deer with a pistol or revolver is prohibited.
2. The hunting of wild turkey with a pistol or revolver is prohibited.
3. The hunting of migratory game birds with a pistol or revolver is prohibited.
4. The hunting of gray squirrel with a pistol or revolver in wildlife management zones 10 through 14 is prohibited.
5. Black bear may be hunted with handguns only during the September portion of the open season. The only handguns lawful for the hunting of black bear are the .357 Magnum revolver using .357 Magnum ammunition, and other revolvers chambered .40 caliber and larger.
6. On Wildlife Management Areas stocked with pheasant or quail, during the pheasant and quail seasons, pistols and revolvers of any caliber are prohibited, except for the use of pistols or revolvers chambered not larger than .38 caliber for the hunting of raccoon and opossum between the hours of 9:00 P.M. to 3:00 A.M.
7. During the period from ½ hour after sunset to ½ hour before sunrise, the use or possession of any pistol or revolver chambered to take larger than .38 caliber ammunition is prohibited.
8. During the exclusive archery season for deer, a person hunting deer shall not use or have in possession a shotgun, rifle or firearm of any kind.
9. Check the firearms statutes pursuant to M.G.L. c. 140 and c. 269 for laws affecting "large capacity" firearms (pistols and revolvers) and feeding devices, as well as those laws pertaining to carrying handguns generally.
This is not the complete law and is subject to change. Refer to provisions of M.G.L. c. 131, §§ 67 and 70, and to several provisions of the Code of Massachusetts Regulations, 321 CMR.
Regulations as of 12-31-04.
http://www.mass.gov/eea/agencies/dfg/dfw/laws-regulations/plain-lang-sum/hunting-with-handguns.html
This is all I am aware of.
Chevy 2 65
NES Member
Because I can and why not is the question.
In Maine now with constitutional carry I will carry while hunting with a rifle. Cheaper to do signalling shots with a pistol than my rifle, same goes if I need to put an animal down at close range.
To my knowledge the exception in Maine is no carrying any loaded firearm on the Sunday before Moose season opens... Might be something about Archery season but I never had a need to look it up.
My father used to hunt deer in Maine with 30-06 and later on, 30-30, sometimes just with .357. He ALWAYS carried the .357 as backup in case of bear. Easier to use a handgun when rasslin' with a bear.
my father is the same way. Always had the 357 in case of bear. Even while bow hunting.
Here is the actual CMR, which that summary leaves out a lot of:
CMR. 321 CMR 3 (3.02, (l), (m))
http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/300-399cmr/321cmr.html
This question comes up regularly, so I've looked it up before and was about to say: No, you can't CCW while hunting. Period.
But, as I'm reading it again, I'm a little confused by one point:
"shall not.... 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"
Is the "adapted to" qualifier applicable only to dogs, or also to rifles, revolvers, and pistols? Can I carry a pistol that is not adapted to hunting? i.e. a j-frame revolver?
Still reads to me that you cannot carry any firearm whatsoever while hunting during the archery or primitive arms season.
roccoracer
NES Member
I had a massachusetts game warden about 10 years ago tell me that you are stupid if you don't carry during archery. He continued and said that he and any other wardens he knows would not give you a hard time if you did. He approached me while I was hunting archery and asked if I was carrying. (I was not)
HorizontalHunter
NES Member
Wow...yet another question that can not simply be answered due to our states inability to make laws that read plainly and don't leave anything up to interpretation.
I'm more concerned in a self defense situation against a bear than anything, but also have thought about having to place a kill shot to a deer should my first shot not be true as intended. I've been locking up my EDC in the truck when I've gone out so far (playing it safe for the law, but endangering myself). Makes sense, right?
I'm more concerned in a self defense situation against a bear than anything, but also have thought about having to place a kill shot to a deer should my first shot not be true as intended. I've been locking up my EDC in the truck when I've gone out so far (playing it safe for the law, but endangering myself). Makes sense, right?
I like this...because I've felt crazy NOT carrying. I have a few larger caliber pistols that don't get the love of my 9mm's...and I think they would learn to enjoy hunting season as much as I have if they got pulled out of the safe to breathe some fresh air for a few months out of the year.
slugworth
NES Member
Dam right, My father in law was hunting last week and had a pack of coyotes surround him... Then had a Moose and her baby run by him!! they didn't see him so they just kept on going but you never know....
Chris M.
NES Member
Seems to me you cannot carry concealed for personal protection while hunting during pheasant/quail on a wma, nor during archery nor during primitive. But you can during shotgun since my cc is not adapted to hunting of deer.
Clear as mud.
Clear as mud.
unfortunately, that's how I read it as well...after reading it 3 or 4 more times.
I asked this question to my Chief a while back. He said he was hassled by a EPO for carrying his side arm during shotgun season. Said not to carry that it's not worth the trouble.
Not surprising. People should probably not read my analysis of the CMR and think they are good to carry during shotgun season, since I am not a lawyer.... Maybe it means you can carry a gun that is not adpated to hunting. Maybe not. I would expect no less from MA to try take the most restrictive interpretation of it that the can.
They probably would say the "adpated to hunting" part is applicable only to dogs since there is an exception immediately following that for hunting with dogs for waterfowl on the coast.
Chris M.
NES Member
They could definitely do that. It's poorly written. My question is does class a ltc supersede all of the 'hunting' restrictions. Concealed of course.
MisterHappy
NES Member
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No.
If it's concealed, it never happened, but the EPOs that have expounded The Law at the Hunter Ed courses I've helped teach say it's a no-no. Even to the point of being able and willing to hassle non-EPO cops (including Staties) for carrying in the woods.
If you're in the woods, with a handgun, you're presumed to be hunting with it. Like having slug or buckshot rounds with you when you're pheasant hunting. Or, having a combo gun (shotgun/rifle) - even if you have no ammo for the rifle.
Take that as you will.
I've seen plenty of people carrying during archery. Many not even shy about it (unconcealed in a shoulder holster while they gear up or down in the parking lot). They either don't know - or maybe just don't give a fudge and shove off the boot of the man from their throat.... and you know what... that's fine by me.
The second American revolution starts next archery season!
Hah...seriously though, these laws are beyond ridiculous. It's no wonder people don't bother following them. Especially when following the law could mean endangering your own life.
HorizontalHunter
NES Member
Typical Massachusetts law. When studied to try an figure out the answer all you can come up with is a semi-definite maybe.![[banghead]](/xen/styles/default/xenforo/smilies.vb/045.gif "Bang Head [banghead]")
Bob
Bob
