# bow hunting with cpl



## miruss (Apr 18, 2003)

Currently thread going in deer forum need clarification . A person WITH a cpl can carry a PISTOL under the cpl license while deer hunting as long as NO attempt to take ANY game while carrying!

The question is MUST it be concealed while bow hunting some want to use a chest holster or drop holster strapped to leg .


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## DirtySteve (Apr 9, 2006)

miruss said:


> Currently thread going in deer forum need clarification . A person WITH a cpl can carry a PISTOL under the cpl license while deer hunting as long as NO attempt to take ANY game while carrying!
> 
> The question is MUST it be concealed while bow hunting some want to use a chest holster or drop holster strapped to leg .



The law gives and exemption under the authority of a CPL license. The authority a CPL would give you is a concealed pistol. CPL laws do not mention open carry.

We allow open carry in this state. If the DNR wanted to allow open carry during bow season why wouldnt they just allow anyone to open carry? What sense would it make to require a CPL for open carry? This is what you are asking about.


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## 22 Chuck (Feb 2, 2006)

"We allow open carry in this state. If the DNR wanted to allow open carry during bow season why wouldnt they just allow anyone to open carry? What sense would it make to require a CPL for open carry? This is what you are asking about "

We do have open carry in MI as your first sentence noted. So why cant anyone OC in bow season-tyhey can but just not while bow hunting. Somewhere someone must have shot a deer w/ gun and claimed archery deer. Easier to ban something than enforce laws.
If you have a CPL and CC while bow hunting and a grouse/rabbit walks by why is it illegal to shoot it? MI Bowhunters supported a law making carrying pistols while bow hunting illegal way back about mid 70's, that is when MI Bowhunters and I parted.

Just went and reviewed MI Bow Hunters- to be a member one must ONLY hunt w/ bow that is "hand held and hand drawn" so I guess no crossbow hunters..


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## Jiw275 (Jan 1, 2015)

A concealed pistol license does not require one to conceal the pistol one is carrying.


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## DirtySteve (Apr 9, 2006)

Jiw275 said:


> A concealed pistol license does not require one to conceal the pistol one is carrying.


A CPL gives you the right to carry concealed. Michigan state police official statement on open carry is a person can carry a gun openly with lawful intent because no law forbids it. The CPL allows you to conceal with lawful intent. 

The DNR along with BIll Shuette a few years back made a press release that carrying under concealed weapons permit could be legal during bow season because carrying concealed shows no unlawful intent.

If people decide to pick apart the the law with wether or not the letter of the CPL law means you can open carry during bow season I think they are foolish. Judges will read the statements and seek guidance on the intent of an attorney generals opinion and make their own ruling. It wont bode well.....especially with our current leadership.


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## Waif (Oct 27, 2013)

CPL allows me to conceal. 
And by hunting regulation , allows me to carry while archery hunting.
Period.

Years and years ago a guy who was not allowed to conceal asked about if he could cover his open carry in inclement weather while hunting by using a flap cover on a holster. The answer he received was no. I'm not saying that was the right answer, but it meant (to my friend) that he couldn't cover his pistol.

The intent of a CPL and archery hunting's regulation has been debated enough. Because it defies not being allowed to carrying a firearm while archery hunting is the usual argument.
CPL law allowing carry while archery hunting is not about concealed or open. It's about having a license and carrying under it's provisions.

A bullet does not leave a broadhead hole. Or a broadhead a bullet hole.
Anyone testing the law by using a bullet when only a broadhead is legal ...Is not the subject. Carrying a handgun under a CPL is.

If someone wants a debate about it , why is the concern about open carry.... When someone seeking to or has already violated could be expected to be concealing it? Unless they are convinced no one will notice a bullet hole vs broadhead hole. Or note the sound and drop a dime on the area , if not on the violator. 
Carry open. Folks will notice it better. 
Carry concealed within the law.
Whatever. Just be legal. Which is not having to conceal only because you have a license to carry allowing you to conceal. 
The opposite is true though. Open carry without a license does not mean you can conceal.


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## DirtySteve (Apr 9, 2006)

Waif said:


> CPL allows me to conceal.
> And by hunting regulation , allows me to carry while archery hunting.
> Period.


Unfortunately it is never that simple. Your interpretation of the archery regulation might differ from a CO's. Laws are open to interpretation and judges will interpret the intent to the best of their ability.

legal open carry in this state wasn't a thing when the state decided to allow conceal carry during archery. The idea came about over a decade later in 2012 when a person was arrested and charged for open carry and won a decision in appeals court. Open carry was considered illegal until that case was brought to court and a judge ruled on it. Before that ruling a CPL only gave permission to carry concealed and the states opinion during archery season was formed under that guidance. 

Your chance of beating a ticket for open carry with a CPL while archery hunting would be dependant on which judge you draw. That being said....The chance of that ticket being written might be decided by who is currently in charge of the DNR as well.


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## Waif (Oct 27, 2013)

DirtySteve said:


> Unfortunately it is never that simple. Your interpretation of the archery regulation might differ from a CO's. Laws are open to interpretation and judges will interpret the intent to the best of their ability.
> 
> legal open carry in this state wasn't a thing when the state decided to allow conceal carry during archery. The idea came about over a decade later in 2012 when a person was arrested and charged for open carry and won a decision in appeals court. Open carry was considered illegal until that case was brought to court and a judge ruled on it. Before that ruling a CPL only gave permission to carry concealed and the states opinion during archery season was formed under that guidance.
> 
> Your chance of beating a ticket for open carry with a CPL while archery hunting would be dependant on which judge you draw. That being said....The chance of that ticket being written might be decided by who is currently in charge of the DNR as well.


A judge believing my having to raise my shirt tail before drawing is any kind of deterrent to poaching ...Is one I'd certainly want to appeal the decision of.
Any other reason to demand a pistol be concealed while hunting and being carried under a c.p.l. ,escapes my logic.

My intent is to carry in accordance with my pistol license. Not commit a crime. Don't burden me with unfounded accusations of my intent with a pistol on me when I'm archery hunting. 
One can. But expect to face accusations from an attorney and myself of the intent behind any such unfounded accusation.


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## Petronius (Oct 13, 2010)

Is anyone interested in what the Wildlife Conservation Order (Updated 11/4/2020) and PA 451 MCL 324.43510(2) and (3) says about carrying with a CPL while bow hunting during archery deer season? The law says you can carry a loaded pistol, whether concealed or not, if you have a CPL or the law authorizes you to carry concealed without a CPL. 


*Wildlife Conservation Order (Updated 11/4/2020)*









Wildlife Conservation Order


Wildlife Conservation Order contains complete listings of regulations and legal descriptions, including the boundaries of management units for each species applicable during their regular hunting seasons.




www.michigan.gov






https://www.michigan.gov/documents/ChapterIII_128581_7.pdf



*Chapter III 
Species Regulations

3.101 Deer hunting open seasons; type of deer that may be taken; carrying of firearms, season limit. Sec. 3.101. *
(1) The open firearm deer season shall be from November 15 to November 30.
...........
(5) *Subject to section 43510(2) and (3), 1994 PA 451 MCL 324.43510,* during the open bow and arrow season, as 
described in subsection (4), an individual hunting deer with a bow and arrow or a crossbow shall not possess or carry afield a pistol, revolver, or any other firearm unless: (a) The individual is properly licensed to hunt deer with a firearm and is hunting in an area open to firearm deer hunting. (b) The individual is properly licensed to hunt deer with a firearm and is hunting in an area open to the muzzleloading and black-powder firearms deer season in zone 2 and zone 3. (c) An individual taking a deer under the terms and conditions of a disease control permit authorized under section 5.77 of this order may possess or carry a bow and arrow or crossbow, and a firearm, if applicable. (6) An early antlerless firearm deer season shall be a two-day hunt starting the Saturday following September








Michigan Legislature - Section 324.43510


The Michigan Legislature Website is a free service of the Legislative Internet Technology Team in cooperation with the Michigan Legislative Council, the Michigan House of Representatives, and the Michigan Senate.



www.legislature.mi.gov





*324.43510 Carrying or transporting firearm, slingshot, bow and arrow, crossbow, or trap; license required; exception; applicability to taking of wild animal.
Sec. 43510.*
(1) Subject to subsection (2), except as provided in section 43513, and except for an individual hunting on a game bird hunting preserve licensed under part 417, an individual 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 individual has in his or her possession a license as required under this part.
*(2) This act or a rule promulgated or order issued by the department or the commission under this act shall not be construed to prohibit an individual from transporting a pistol or carrying a loaded pistol, whether concealed or not, if either of the following applies:
(a) The individual has in his or her possession a license to carry a concealed pistol under 1927 PA 372, MCL 28.421 to 28.435.*
(b) The individual is authorized under the circumstances to carry a concealed pistol without obtaining a license to carry a concealed pistol under 1927 PA 372, MCL 28.421 to 28.435, as provided for under any of the following:
(i) Section 12a of 1927 PA 372, MCL 28.432a.
(ii) Section 227, 227a, 231, or 231a of the Michigan penal code, 1931 PA 328, MCL 750.227, 750.227a, 750.231, and 750.231a.
*(3) Subsection (2) does not authorize an individual to take or attempt to take a wild animal except as provided by law.*


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## Jiw275 (Jan 1, 2015)

Nice catch, thanks for your effort.


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