# CCW's & Hunting



## boehr (Jan 31, 2000)

I get a lot of questions, e-mail and PM's so I thought I would post some of the answers for those of you who have questions. This covers most (not all) situations that may be common questions that I get

*TRANSPORTATION:*

MCL 324.40111(2) provides Except as otherwise provided in this part or in a department order authorized under section 40107, a person shall not transport or have in possession a firearm in or upon a vehicle, unless the firearm is unloaded in both barrel and magazine and enclosed in a case, carried in the trunk of a vehicle, or unloaded in a motorized boat.

MCL 324.81133 provides, in part, A person shall not operate an ORV  [(k)] while transporting on the vehicle a bow unless unstrung or encased, or a firearm unless unloaded and securely encased, or equipped with and made inoperative by a manufactured keylocked trigger housing mechanism.

MCL 324.82126(1) provides, in part, A person shall not operate a snowmobile under any of the following circumstances  [(g)] While transporting on the snowmobile a bow, unless unstrung or encased, or a firearm, unless unloaded in both barrel and magazine and securely encased.

Enforcement action shall not be taken for a violation of the above sections of law unless it can be shown that the licensee was using the handgun in hunting from a motor vehicle, boat, ORV or snowmobile. As a reminder, the license to carry a concealed pistol applies only to handguns. Regardless of whether a person is or is not a licensee, longarms are required to be in compliance with these sections and other state laws.

*ARTIFICIAL LIGHT:*

MCL 324.40113 (1) provides Except as otherwise provided in a department order authorized under section 40107 for a specified animal, a person shall not use an artificial light in taking game or in an area frequented by animals; throw or cast the rays of a spotlight, headlight, or other artificial light in a field, woodland, or forest while having a bow or firearm or other weapon capable of shooting a projectile in the person's possession or under the person's control unless otherwise permitted by law. A licensed hunter may use an artificial light 1 hour before and 1 hour after shooting hours while in possession of any unloaded firearm or bow and traveling afoot to and from the licensed hunter's hunting location.

A person licensed to carry a concealed pistol would be in violation of MCL 324.40113(1) by throwing or casting the rays of an artificial light while in possession of a firearm. A licensee has a choice  either they can shine animals and leave all weapons home or carry a pistol under the authority of the CCW license and not shine for animals.

A hunter with a permit to carry a concealed pistol would be in violation if using an artificial light while traveling afoot 1 hour before or after hunting with a loaded firearm in their possession. This regulation is not be applied to non-hunters.

*5-DAYS PRIOR & NOVEMBER FIREARM DEER SEASON:*

WCO 2.1 provides, in part, Unless otherwise specified in this order, a person shall not do any of the following  During the 5 days immediately preceding November 15, transport or possess in an area frequented by deer a rifle or shotgun with buckshot, slug load, ball load, or cut shell. A person may transport a rifle or shotgun to or from a hunting camp if the rifle or shotgun is unloaded and securely encased or carried in the trunk of a vehicle. This section shall not prohibit a resident who holds a fur harvester's license from carrying a .22 caliber rimfire firearm while hunting or checking a trap line during the open season for hunting or trapping fur-bearing animals.

WCO 2.1(4) further prohibits  Use in hunting, or possess afield in an area inhabited by wild birds and animals within the "shotgun, handgun, black-powder firearms only area" from November 15 to November 30, or use to take a deer during any firearm deer season in the "shotgun, handgun, black-powder firearms only area," a firearm other than  A .35 caliber or larger pistol capable of holding no more than 9 shells at 1 time in the barrel and magazine combined and loaded with straight-walled cartridges.

WCO 2.1 does not address pistols or handguns and therefore this section is inapplicable to licensees. A person taking or attempting to take game would be in violation of WCO 2.1(4) by possession afield of a prohibited handgun during the period of November 15 to November 30. During all other deer seasons in Southern Michigan, it is unlawful to use a prohibited handgun to take a deer regardless of possession of a license to carry a concealed pistol.

*MUZZLELOADING DEER & BOW AND ARROW DEER:*

WCO 3.101(3) provides A person hunting deer with a muzzleloading firearm during the muzzle-loading and black-powder firearms only season shall only possess or carry afield, or take a deer with a muzzle-loading rifle, muzzle-loading shotgun, or black-powder pistol, loaded with .44 caliber or larger projectile propelled by black-powder or a commercially manufactured black-powder substitute.

WCO 3.101(5) provides During the open bow and arrow only season, a person hunting deer with a bow and arrow shall not possess or carry afield a pistol, revolver, or any other firearm unless the person is properly licensed to hunt deer with a firearm and is hunting in an area open to firearm deer hunting.

A licensee would be in violation of WCO 3.101(3) if that person were participating in muzzleloading deer hunting with a handgun not defined as a black-powder handgun. A licensee would be in violation of WCO 3.101(5) if that person were participating in bow and arrow deer hunting during the bow and arrow season. The law specifically addresses the possession of a firearm or type of firearm in both situations.

*YOUTH DEER HUNT:*

WCO 3.101e(2) provides A parent or legal guardian shall not allow a youth hunter to go afield to hunt deer unless the youth hunter is accompanied by an adult at least 18 years of age or older. An adult accompanying a youth firearm deer hunter shall not possess or carry a firearm or bow and arrow.

An adult licensee would be in violation of WCO 3.101e(2) if that person possessed any type of firearm.

*TURKEY HUNTING:*

WCO 3.310 provides A person shall not use or carry afield a firearm other than a firearm designed and manufactured to fire a fixed shotgun shell or a muzzleloading shotgun while taking wild turkey. A bow and arrow may be used to take wild turkey. A person shall not use or carry afield any ammunition except shotgun shells loaded with no. 4 or smaller shot or no. 4 or smaller loose shot for use in muzzleloading shotguns while taking wild turkey.

A licensee would be in violation of WCO 3.110 if that person is participating in turkey hunting because the law specifically addresses the type of weapon that can be used or carried afield when turkey hunting.

*WATERFOWL HUNTING:*

WCO 3.402(4)(b) prohibits To take any migratory game bird, including woodcock  With the use of any single projectile shotshell, or more than 1 firearm for each person.

Further, WCO 3.411 provides, in part, While taking ducks, geese, coots, mergansers, gallinules, rails, or snipe, a person shall not possess or use any shot, whether loose or loaded in shot shells, of a material other than Steel, or steel coated with zinc chromate, zinc chloride, copper or nickel and approved as nontoxic by the U. S. fish and wildlife service pursuant to federal procedures.

A licensee would not be in violation of WCO 3.402(4)(b) if that person was participating in waterfowl hunting and possessed a handgun unless that person was to make use of the handgun in taking migratory birds. A licensee would be in violation of WCO 3.411(1) if that person was participating in waterfowl hunting and had in possession shotshells, other than non-toxic shotshells, for their handgun.

WCO 3.414 provides Except as otherwise restricted in Chapter XIII, a person shall not possess or use shotshells, or loose shot with a shot size greater than BBB for the hunting and taking of waterfowl in those areas posted "State Game Area - Hunting By Permit Only" on the Nayanquing point, St. Clair flats, and Fish point wildlife areas; on all lands and waters of Crow island described in section 13.4(2); Maple river units listed in section 13.5; St. John's marsh described in section 13.7(2); Wigwam bay (east unit) described in section 13.12; on all of the Pointe Mouillee and Shiawassee river state game areas; and on all of the Allegan state game area.

A licensee would not be in violation of WCO 3.414 if that person was participating in waterfowl hunting and possessed a handgun unless that person was to make use of the handgun with prohibited shotshells in taking migratory birds.

*YOUTH WATERFOWL:*

WCO 3.415a(2) provides A parent or legal guardian shall not allow a youth hunter to go afield to hunt ducks, mergansers, Canada geese, coots, or moorhens unless the youth hunter is accompanied by an adult at least 18 years of age or older, regardless of property ownership. An adult accompanying a youth waterfowl hunter may take other game for which the season is open while the youth is exercising the privileges of the youth waterfowl hunting weekend.

A licensee would not be in violation of WCO 3.415a(2) if they participated in waterfowl hunting while possessing a handgun unless the person was to make use of the handgun in taking migratory birds during the waterfowl youth hunt.

*HUNTING LICENSE:*

MCL 324.43510 provides A person shall not carry or transport a firearm, slingshot, bow and arrow, crossbow, or a trap while in any area frequented by wild animals unless that person has in his or her possession a license as required under this part.

A licensee would not be in violation of MCL 324.4351 unless that person was shown to be hunting.

MCL 324.43516(1) provides A person who has been issued a hunting, fishing, or fur harvester's license, when hunting, fishing, or trapping or in the possession of firearms or other hunting, fishing, or trapping apparatus in an area frequented by wild animals or fish, shall carry the license and shall exhibit the license upon the demand of a conservation officer, a law enforcement officer, or the owner or occupant of the land upon which the person is hunting, fishing, or trapping.

Further, MCL 324.43516(2) provides A person shall not carry or possess afield a shotgun with buckshot, slug loads, or ball loads; a bow and arrow; a muzzle-loading rifle or black powder handgun; or a centerfire handgun or centerfire rifle during firearm deer season unless that person has a valid firearm deer license, with an unused kill tag, if issued, issued in his or her name. and MCL 324.43516(3) provides The unused kill tag, if issued, shall be exhibited upon the request of a conservation officer, a law enforcement officer, or the owner or occupant of the land upon which the person is hunting.

A licensee would not be in violation of MCL 324.43516(1), MCL 324.43516(2) or MCL 324.43516(3) or other statutes requiring hunting licenses unless that person was to make use of the handgun while hunting.


----------



## dongiese (Jun 10, 2002)

I guess that pretty much sums it up, we as law abiding citizens might as well give up!! 



NOT!!


----------



## Byron (Dec 8, 2000)

I thought the .44 caliber or larger M/L projectile requirement was being removed this year???

Thanks,
Byron


----------



## Craig M (May 17, 2000)

Boehr,

Under the 5-DAYS PRIOR & NOVEMBER FIREARM DEER SEASON:, I didn't see anything for a quite time, could you provide me with the definitive answer on sighting in your weapon of choice after arriving at deer camp. I'm refering to taking a prcatice shot or two (on a paper target) to ensure that you are still dialed after bouncing down some of those nice 2 tracks we have in this state.

Thanks in advance,

Craig M


----------



## boehr (Jan 31, 2000)

Bryon, suppose to be but until I get the law...it is as it is.

Craig, it's ok if your up at camp to take a practice shot or two but it not OK to be riding around two tracks, joy riding, with the gun for the "quiet period".

dongiese, all the poachers caught were law abiding until they got caught.


----------



## boehr (Jan 31, 2000)

SFK...I'll bet everyone knows what it means without too much trouble.


----------



## Guest (Jun 26, 2002)

I am one of the many NRA Pistol instructors here in Mich who help teach the classes in order to obtain a CPL in Michigan. One of the tricky things we stress to people is a subltle fact about the definition of a "loaded" pistol. I am hoping this may be of some help with this tread.
A loaded speedloader OR a loaded magazine constitues a loaded gun..yes, if the speed loader is in your pocket, glovebox, locked in a safe in the car..you pistol is concidered loaded. Same goes for a magazine for a pistol. Now as for a rifle, I have ask several DNR officers and called the Attorney Generals office of Michigan and so far it looks like a loaded magazine in a rifle could fall in the same rule. 
I know this is nutty but gang it is how our lawmakers set this up. 
Just to let you folk know.


----------



## boehr (Jan 31, 2000)

As long as the loaded magazine is not in the weapon the weapon, handgun or longarm, is considered unloaded, always has been like that. If the magaizine is loaded and the magazine is in the weapon, then it's a loaded gun.


----------



## Guest (Jun 27, 2002)

Interesting news..I was not able to dig out my copy of the regs last night and cite the section but there was a statement about loaded speedloaders and magazines constiting a loaded pistol, one of those hidden bonuses from a lawmaker. I just spent a hour checking the regs on line and hot darn could not find it. Maybe..just maybe the Vetter(sp) bill caught this one also. 
Serial, I do not like this definition of a loaded gun BUT..if the reg book says a loaded speedloader is the same as a loaded gun, best be aware of it. Did not say you have to like it just aware as there are many personal feelings, opions about what is good or bad and that is one I will not touch. I will make it a point to get a new copy of the regs on the way home tonight and see what has been changed from a year ago.


----------



## dongiese (Jun 10, 2002)

So on my Browning rifle it has a mag that is hinged on the stock, if the mag has rounds in it but it is not locked, is it LEGAL?

i guess your wright about the law abidding until caught thing, well except you or your partners won't catch me doing anything illegal, I'm a Good Boy


----------



## boehr (Jan 31, 2000)

Bigfishfool...have to tell you I have never seen anything about speedloaders or magazines out of the weapon still being classified as a weapon being loaded, in any law, old or new.

dongiese...To be honest, I don't recall seeing a hinged magazine to the stock so can't answer. On another note, what do you do in Garden City? I grew up in Garden City, went to Garden City East High School, my brother and sister still live in Garden City as do my parents. My dad retired from the Garden City Police Department back in about 1982.


----------



## shametamer (Jul 22, 2001)

east, when it was the panthers or when it became the cougars? graduated in 82...geez ur just a youngun....


----------



## boehr (Jan 31, 2000)

Panthers....1973


----------

