Handgun hunting during a controlled deer hunt. Oregon.

[gunnut38]

Here is my question. I will be accompanying my son on a controlled deer hunt next week. He drew a tag but i did not. I understand that the law does not allow me to carry a centerfire rifle without a tag for this hunt. Here is what the regs say. Am I safe to assume that a centerfire handgun will allow me to bear hunt during this time. Anyone have any first hand knowledge or experience here? I might call OSP but I am not sure how much hassle that will be.

No Person Shall:
• Hunt with a centerfire or muzzleloading
rifle without a valid used or unused deer or
elk tag for that time period and area on your
person during: standard Eastern Oregon
controlled buck deercenterfire firearm season
(Sept. 30 – Oct. 11),

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[KKG]

You're asking for a legal opinion and this is not the place to do it. I'd contact the local Game Department for a statement of their policy regarding your being in the field with a "Hunting" firearm. Because I think a Sidearm will be considered such. I know in WA it would be.

 

[Joe13]

IF in the forest then I have a gun, day of the year doesn't matter.

If I run into the forest rangers I'll happily explain why.

I'd probably choose something that doesn't look like a hunting rifle or handgun having said that.

 

[KKG]

IF in the forest then I have a gun, day of the year doesn't matter...

I beg to differ, during the Hunting Season, it does matter if you are in the woods with a "Hunting Firearm". Because you Will be presumed to be Hunting and Will there for be required to have the appropriate Licenses and Tags. The Woods, They do change during Hunting Season!

 

[Joe13]

I beg to differ, during the Hunting Season, it does matter if you are in the woods with a "Hunting Firearm". Because you Will be presumed to be Hunting and Will there for be required to have the appropriate Licenses and Tags. The Woods, They do change during Hunting Season!

Never said that.

They could call my 1911 a hunting firearm because it meets all of the requirements.

I'll still have it on me.

You'd be pretty stupid to go out in the boondocks unarmed imo.

Carry at your own risk or don't go but I said nothing about the law, I'm not a lawyer.

Relax a little - anyone taking legal advice from an Internet forum is asking for opinions not facts. He should call the game and wildlife service if he wants a real answer.

 

[BaggerRyder]

Here is the response I received from OSP a few years ago as it relates to basically the same question.

Email Subject: Hunting bear and or cougars during an active elk season

Can I hunt cougars with a valid cougar tag or bears with a valid bear tag with a large bore revolver or 12 gauge shotgun and buckshot or slugs If I'm hunting in Eastern Oregon during the controlled elk season without an unused or used elk tag for that season and that unit?

Thank you for any information.


Baggerryder,

The short answer is no, except in the Applegate Unit where you do not need an elk tag to hunt bear or cougar during that elk season. The exceptions for bear and cougar hunting during deer and elk seasons require that you have used or unused deer or elk tags during those deer or elk seasons and areas, as well as an unused bear or and/or cougar tags (depending on which one you are hunting), regardless of weapon being used.

I hope this answers your question.

Lieutenant W.
Oregon State Police
Fish & Wildlife Division
Wildlife Section
Office:
Fax:
E-mail:

Proper names left out to protect the innocent

 

[gunnut38]

I was not asking for legal advice. Just if someone had any first hand info as Baggerryder . In my experience, a call to Oregon Department of Fish and Wildlife will get you to someone who has no knowledge of the laws.In Oregon ,the Oregon State Police are in charge of enforcing the game laws.I was not sure a call to OSP would get me an answer as this maybe considered an interruption of a law .Thank you Baggerryder for your information. I have sent you a PM.

 

[BaggerRyder]

PM responded to.

 

[Koda]

Here is my question. I will be accompanying my son on a controlled deer hunt next week. He drew a tag but i did not. I understand that the law does not allow me to carry a centerfire rifle without a tag for this hunt. Here is what the regs say. Am I safe to assume that a centerfire handgun will allow me to bear hunt during this time. Anyone have any first hand knowledge or experience here? I might call OSP but I am not sure how much hassle that will be.

No Person Shall:
• Hunt with a centerfire or muzzleloading
rifle without a valid used or unused deer or
elk tag for that time period and area on your
person during: standard Eastern Oregon
controlled buck deercenterfire firearm season
(Sept. 30 – Oct. 11),

perfectly legal. Even specifically says so in the regs, see pg 28 under "exceptions", you can even carry a rifle.... although it might be more fun to hunt bear with a pistol (sarcasm).

 

[Koda]

I beg to differ, during the Hunting Season, it does matter if you are in the woods with a "Hunting Firearm". Because you Will be presumed to be Hunting and Will there for be required to have the appropriate Licenses and Tags. The Woods, They do change during Hunting Season!

years ago the Oregon legislation addressed this and determined that the ODFW cannot regulate what weapons a person may carry during hunting season.

 

[BaggerRyder]

I think the point of the OP's question was can he hunt bear during a deer season without a deer tag, used or unused, for the unit that his son drew a tag in if he used a handgun instead of a centerfire rifle.

My understanding from the answer I received from OSP is no. You cannot hunt bear with any centerfire firearm during a deer season in a unit that requires you to have a used or unused deer tag for that unit. The confusion is with the term centerfire rifle, and centerfire firearm. They do not specifically state centerfire firearm. They state centerfire rifle. Which leads us law abiding hunters to question the wording in the regulations.

The lieutenant that responded to my question took what was written as meaning no centerfire firearm can be used to hunt another game species that you have a tag for without having a used or unused tag for elk/deer during that season in that unit.

Can you carry a firearm? Indeed you can. The Legislature told ODFW that they could not regulate if a weapon or what type of weapon could be carried in the woods during a hunting season. But ODFW can regulate what you hunt and what you hunt with during a hunting season.

 

[Koda]

the regulations are confusing. The exception I cited above says you can if you have another controlled tag that coincides with the general season deer and elk hunts. A general season bear tag would not be valid with a rifle then, perhaps.

I'm assuming the OP has a general season bear tag. And I cant find anything prohibiting someone hunting a general season bear within a controlled season deer.

and my opinion is you can hunt bear with a pistol anytime because its listed as a separate weapon in the regs from rifle (pg 26).

 

[BaggerRyder]

the regulations are confusing. The exception I cited above says you can if you have another controlled tag that coincides with the general season deer and elk hunts. A general season bear tag would not be valid with a rifle then, perhaps.

I'm assuming the OP has a general season bear tag. And I cant find anything prohibiting someone hunting a general season bear within a controlled season deer.

and my opinion is you can hunt bear with a pistol anytime because its listed as a separate weapon in the regs from rifle (pg 26).

You are correct Koda. OP has a bear tag, but no deer tag in a unit that the regs state he has to have a deer tag in order to hunt bear/cougar with a centerfire rifle.

And you could be right about the handgun hunting, and as I read it, since the reg's specifically state centerfire rifle, we should be-able to hunt with a handgun or shotgun for bear/cougar without a tag for deer/elk for that season and unit.

The response I received 5 yrs ago from OSP said I couldn't use a handgun or shotgun to hunt bear/cougar during elk season unless I had a used or unused elk tag for that season and unit. So in regards to that particular lieutenants response, he was intrepting the words in the reg's as "centerfire firearm". And not just centerfire rifle...

I went as far as picking a .22 caliber rifle since it is not a legal caliber for elk. At first he said yes, I could use that to hunt predators during that elk season without an elk tag, but then he corrected himself in a later email and said no I couldn't.

I think the OP is going to reach out to OSP, as I gave him the Lieutenant's contact info that I spoke with to see if he can get further clarification.
Even though OSP enforces the game laws, I believe that ODFW establishes them. I may send ODFW an email to see what their interpretation is of the wording in the game regs.

 

[gunnut38]

I have sent an email to OSP and I am waiting to see what they say. I asked the question of an hunting partner who is an attorney and he referred me to the statutes the regulation are derived from. They say the same thing as the regulation almost word for word.
Exception (C) does not apply because I do not have a tag for one of the hunts listed in this paragraph, or a tag for another game mammal controlled hunt

635-065-0740:
Hunting Prohibited It is unlawful: (1) To hunt with a centerfire or muzzleloading rifle during the standard eastern Oregon controlled deer buck season (October 3 – October 14, 2015) Cascade bull elk season, Coast bull elk seasons, or Rocky Mountain bull or either-sex elk seasons, [or the standard Rocky Mountain unit's antlerless elk seasons (November 21 – November 29, 2015) without a valid, unused tag for that species, time period and area on their person. EXCEPTIONS: (a) Landowners, or their agent, hunting predators on lands they own or lease may use centerfire or muzzleloading rifles to hunt on such lands. (b) Hunters may use .22 caliber or smaller centerfire rifles for hunting coyotes (Canis latrans) in the Juniper, Beatys Butte, East Beulah, Whitehorse and Owyhee units and in the Wagontire Unit south of the Lake County Road 5-14 during Rocky Mountain bull or either-sex elk seasons, or the standard Rocky Mountain unit's antlerless elk seasons (November 21 – November 29, 2015). (c) Hunters who have a tag for one of the hunts listed in this paragraph, or a tag for another game mammal controlled hunt valid within the time period and area of the above hunts may hunt as authorized by that tag and may hunt bear and/or cougar within the time period and area for which their tag is valid (used or unused) provided they have a valid unused bear and/or cougar tag.

 

[bbbass]

Clear as mud.

 

[clearconscience]

As long as you have a tag and it's in season you should be fine.

How can they tell if you are hunting deer or bear?

If you have a bear tag and it's bear season, carry a rifle.

 

[gunnut38]

Here is the reply from OSP.

The rule does not allow for hunting of bear without a used/unused tag for that time period. It does not list handgun however under exceptions (1) it states Hunters who have a tag for one of the hunts listed above, or a valid tag for another game mammal controlled hunt that includes all or a portion of the time period and area of the above hunts, may hunt as authorized by that tag and continue to hunt bear and /or cougar…..

The rule requires you to have a tag
Thanks for checking

XXXXX XXXXXXXXX

Lieutenant | Fish and Wildlife Division

Oregon State Police

 

[ajgunner]

Here is the response I received from OSP a few years ago as it relates to basically the same question.

Email Subject: Hunting bear and or cougars during an active elk season

Can I hunt cougars with a valid cougar tag or bears with a valid bear tag with a large bore revolver or 12 gauge shotgun and buckshot or slugs If I'm hunting in Eastern Oregon during the controlled elk season without an unused or used elk tag for that season and that unit?

Thank you for any information.


Baggerryder,

The short answer is no, except in the Applegate Unit where you do not need an elk tag to hunt bear or cougar during that elk season. The exceptions for bear and cougar hunting during deer and elk seasons require that you have used or unused deer or elk tags during those deer or elk seasons and areas, as well as an unused bear or and/or cougar tags (depending on which one you are hunting), regardless of weapon being used.

I hope this answers your question.

Lieutenant W.
Oregon State Police
Fish & Wildlife Division
Wildlife Section
Office:
Fax:
E-mail:

Proper names left out to protect the innocent

Just one more way for the state to extract more from your wallet while giving you less opportunity.

 

[gunnut38]

Just one more way for the state to extract more from your wallet while giving you less opportunity.

The way this is written is very confusing. The way I read it they are talking about a firearm prohibition. The way they interpret it is a hunt prohibition. I believe their intent is control the possibility someone would be poaching deer.

 

[RatherDashing]

They could call my 1911 a hunting firearm because it meets all of the requirements.
.

Your 1911 has a magazine capacity of 5 or less?