MN deer question?

[express]

I have a question about deer hunting in MN. I know legally its against the law for an unliscensed hunter to asist in taking big game in minnesota. My question is my younger sister who used to deer hunt with us somewhat, not the die hards that most of us are but would ride with my dad and sit with him in the morning on drives, has sinced moved to south dakota and wants to go with us again. She can not aford the $140 out of state liscense but would like to go with againjust for the comroderie and what not. She would not carry a gun and would always be arms length from me or the old man. What do you suppose "most" game wardens would say about this?

[Powerstroke]

If she is walking on a drive she would be assisting. Also, spotting deer is considered assisting.

The only true way to know is to call the local CO. You can find them on the DNR's webpage Conservation Officer locator .

You don't have to give your name or anything, but you could call him/her and ask a question. Only way you're going to know and since you're most likely to get stopped by your local officer he would be the one to ask beforehand.

[shortfatguy]

My wife sits with me once or twice a year in my stand. She has no interest i hunting on her own. She just likes to sit with me and watch the animals. I really don't see how tis could be construed as illegal activity.

[Red Miller]

One thing about the law is clear. Assisting in any way, shape, or form is "taking". Spotting, dragging, driving....anything. But keep in mind, your companion has to be engaging in that activity and be seen doing it by the CO to be a violater. Sure the CO can give you a little talking to if you should run into them but you do still actually have to be violating the law to get a ticket. Just be careful about what your companion is doing (not doing) and go for it. If you are not breaking the law....have fun and enjoy the great outdoors.

[not_nuf_time]

I can't believe that helping drag a deer out of the woods is illegal, over the years many people have shot deer and had to go back home to find some help to find and drag deer out of the woods for them. That would be, one rediculous law.

[GrizzlyAdams]

Quote:

Poster: not_nuf_time

Subject: Re: MN deer question?

I can't believe that helping drag a deer out of the woods is illegal, over the years many people have shot deer and had to go back home to find some help to find and drag deer out of the woods for them. That would be, one rediculous law.

My thoughts exactly. I have helped drag deer out of the wooods without a hunting license before. Spotting deer for someone prior to the kill could be a different deal all together though. Best to call and check. Kind of like taking a kid with you even if they are not hunting i would think. I know kids don't need a license til a certain age but could be out there after that age. May just want to spend time with dad.

[BobT]

Quote:

you do still actually have to be violating the law to get a ticket.

This is not true. You don't have to be committing a crime to get a citation. You only need to be accused of committing a crime. That's one of the problems in this country these days. We are assumed guilty until proved innocent in most people's eyes. Being accused and found guilty are two entirely different things. The law, however, still works under the pretence that you are innocent until proven guilty in a court of law. If an officer cites you for something it is because they "believe" you are guilty of the crime AND they have enough proof to prove it in court.

Quote:

What do you suppose "most" game wardens would say about this?

It doesn't matter what "most" game wardens would say. What matters is what the arresting officer would believe. COs do on occasion work another district. I've been checked by two different COs within ten minutes while ice fishing on Osakis before and the only officer assigned to this area is Jeff Johanson. The second officer was also checking Osakis on that day.

[Red Miller]

BT...you do have a point. I guess (for the sake of discussion) like to proceed on the assumption that if I am not breaking the law in the first place, why would a CO would want to write me a ticket?

Also, I will stand by me assertion that dragging is assisting and therefore taking. If you want to help out and not shoot...go buy a license for $27. Your buddies have another tag to fill. If you do it at the right time, you might even get another antlerless permit. Compared to the fine, $27 is cheap insurance.

[BobT]

BT...you do have a point. I guess (for the sake of discussion) like to proceed on the assumption that if I am not breaking the law in the first place, why would a CO would want to write me a ticket?

Also, I will stand by me assertion that dragging is assisting and therefore taking. If you want to help out and not shoot...go buy a license for $27. Your buddies have another tag to fill. If you do it at the right time, you might even get another antlerless permit. Compared to the fine, $27 is cheap insurance.

[Deep]

You can help someone drag a deer out after it has be harvested with out a license, that is not part of taking the deer. I emailed the dnr last year about that same question.

[MUSKY18]

[BobT]

There's a difference between believing you are in violation and knowing. If what you're saying were true, we wouldn't need judges and/or juries to make that decision.

Edit: Almost forgot. I'm not trying to start an argument. Too often I think we associate too much power with law enforcement. Their job is not to play judge or jury. Their job is to enforce the law to the best of their ability. Sometimes, their interpretation of a law is just as far off as ours. We are all human and we all make mistakes and we all have our own interpretation of the law. This even applies to judges and juries but their interpretation becomes the final one unless one decides to appeal their decision and take it further up the ladder.

Just because a CO, police officer, state trooper, or any other law enforcement officer issues a citation, does not mean the person is guity of anything. They must be able to prove it too.

[bottom-bouncer]

To answer the original question. This is straight out of the wardens mouth 2 hours ago. no you dont need a license to tag along(dragging is not assisting its already dead-sitting next to the person and spotting a deer is not assisting) assisting would be calling (grunting rattling or pushing the deer towards the shooter would be assisting) choosing to spend time with a family or friends while they are out deer hunting is not against the law. straight out of his mouth.

[bigbucks]

I agree & if that were assisting wouldn't it be assisting when your buddy the landowner says, the deer always come out in that corner especially if there's an East wind. They've been out there the last three nights. That's definitely helping you out, but who in their right mind is going to say what they're doing is illegal. I could tell you where I saw a deer on my way home from work, but only if you're not a deer hunter as I wouldn't want to get in trouble...

[BobT]

In that case it could be assisting for someone to claim there are deer in the state.

I guess this can be taken to some pretty extremes.

[FishLocker]

In that case it could be assisting for someone to claim there are deer in the state.

I guess this can be taken to some pretty extremes.

.

And the possibility of Petty extremes as well :-)

I guess the Petty extremes are taken only when you are belligerent with the CO...and their right to do so by the Letter of the law. So ALWAYS be nice to your CO )

[BobT]

Whatever happened to spell/grammar checker?

[Big Buck Buster]

BT...you do have a point. I guess (for the sake of discussion) like to proceed on the assumption that if I am not breaking the law in the first place, why would a CO would want to write me a ticket?

Also, I will stand by me assertion that dragging is assisting and therefore taking. If you want to help out and not shoot...go buy a license for $27. Your buddies have another tag to fill. If you do it at the right time, you might even get another antlerless permit. Compared to the fine, $27 is cheap insurance.

Isn't party hunting illegal in Minnesota now?? I don't know, as I only bow hunt.

[zzammon]

Party hunting is legal in Zones 1 and 2. Zone 3 is a different story. I have not kept up with Zone 3 Regs.