Party hunting

[schmoe147]

Is party hunting the most confusing law on what's legal ? I'm wondering if it would be considered party Hunting, here it is....Your sitting in a deer stand or making a deer drive with your significant other/son/wife/friend. both of you have a valid deer license. Only one of you has a weapon and a deer comes through and boom. You tag it with the license of the person who didn't pull the trigger . The person would be illegally aiding you in a hunt without a license correct ? 

Edited October 27, 2015 by schmoe147

[fr0sty]

I would email [email protected] and ask that question. They always get back the same day, usually in a couple hours. Oh, and save the email too....

[nofishfisherman]

Is party hunting the most confusing law on what's legal ? I'm wondering if it would be considered party Hunting, here it is....Your sitting in a deer stand or making a deer drive with your significant other/son/wife/friend. both of you have a valid deer license. Only one of you has a weapon and a deer comes through and boom. You tag it with the license of the person who didn't pull the trigger . The person would be illegally aiding you in a hunt without a license correct ? 

If everyone has a valid deer license then how would they be illegally aiding you without a license? 

As far as I understand it you can tag a deer with another persons valid tag as long as they are in the field with you during that hunt.  So as your situation stipulates you are in the field with the other person and both have valid license you should be ok.  

There are some exceptions to this however.  No party hunting bucks in the 300 zones.  In lottery zones you can't kill an antlerless deer for a resident under 18 or for a disabled hunter allowed to hunt from a motor vehicle.  

[leechlake]

I've walked thick swamps for years without my rifle "pushing" deer to posters and had a valid license like your scenario portrays.  Didn't make any sense to lug it around when the only chance at using it was at a deer that layed down for me to walk by (I have seen that but always had my gun).  However, I am an able bodied hunter that can tag what I have a tag for.

On the other hand, and this is a crazily far fetched example, you have three 98 year old uncles who can't harvest an animal realistically and you have them buy licenses and sit in the truck "in the field" and you shoot deer for them I'd say you have a problem.

[NWKR]

From the regs:

• A “party” is defined as any group of two or more licensed deer hunters who are all a field; hunting together at the same time; AND all using firearms (including muzzleloaders) or all using archery

 

So they likely need to have a weapon with them? 

[nofishfisherman]

I was wondering about that as well.  I'm sure it was written that way to keep bow hunters and rifle hunters from cross tagging.  However, its not exactly clear if all party members need to have a weapon on them or not.  If you are doing a drive I can see times when it makes sense to leave the weapon at the truck to avoid carrying the extra weight and reduce the dangers of carrying a loaded weapon and just focus on pushing deer to the people posting who are likely going to take all of the shots. 

[schmoe147]

From the regs:

• A “party” is defined as any group of two or more licensed deer hunters who are all a field; hunting together at the same time; AND all using firearms (including muzzleloaders) or all using archery

 

So they likely need to have a weapon with them? 

where do you see it say you need weapon ?

 

Edited October 27, 2015 by schmoe147

[O.T.C.]

I would say according to our party being checked years ago on a drive you don't all have to be lugging around a weapon, just licensed as many of us our guns were in our trucks for safety reasons during the drive, the posters do 100% of any shooting and the swampy wet water etc, prickly ash, etc. The CO checked all of our licenses and he was off, but we had about 10 guys together. We had 1 unlicensed hunter but he was with a 13 year old boy, CO said good and good luck guys. Why was the dad unlicensed, because it was zone 4 in those days and he had a 2nd weekend tag so he could help his son the first wkd.  

[leechlake]

what the heck, my wife was 8 months pregnant 16 years ago and she came up with my family deer hunting.  She walked with me the last weekend through the woods 50 yards to my left (why I still remember left/right surprises me).  My dad shot a doe that her or I pushed out.   Guilty as charged.   She gave birth to our first kid Dec 16.   I never pondered it as illegal then, just my new wife being a trooper and hunting with us.   I assume the statute of lims is over.  

  

[nofishfisherman]

I'd agree with everyone that I really don't think you need a gun just the license, thats mostly a common sense judgement.  However, as usual the regs are poorly written and leave room for multiple interpretations. 

 

And Leech, yes your wife was being a trooper.  You must have chosen well to find a woman willing to do a drive while 8 months pregnant. 

[O.T.C.]

No doubt Leech lol, but I still think she had the thought maybe once " what the @‌#$% am I doing out here lol ". Now being zone 2 there's little room to not have everyone licensed already, tag might be used up but licensed yet. The CO will be able to read between the lines with a select few pointed questions he or she will know. PS. to any readers October 29th is closing in, get those baitpiles completely removed on that day unless you're skipping opening day where your camera is and the land it's on or play it safe and remove this Thursday, now back to party huntin.

[NWKR]

where do you see it say you need weapon ?

 

I threw the question mark in there because I was unsure. To me "using firearms" or "using archery" means actually using one of those weapons, not just carrying a license and/or tag. I can see how others interpret differently. 

Re-reading it the reason we are all getting confused is that any time "Party Hunting" is written in the regs it means "Cross Tagging". It has nothing to do with being assisted by or assisting other hunters. 

Page 66 of the 2015 regs has this about assisting: 

A person may not take or tag deer without the appropriate license or permit. The term “take” includes attempting to take deer, and driving, spotting, or otherwise assisting another person in taking deer.

So a person needs a license to be out in the field "assisting". But if they are not "using firearms" or "using archery" can you cross tag deer with them? I say no, because I am not a fan of cross tagging . 

[schmoe147]

It's legal says the Law !!

[BobT]

An archery license is not a firearm license and is identified accordingly. With that said, I am inclined to believe carrying the weapon doesn't matter so long as all members of the party are licensed for the same weapon type and have that license on their person, they should be okay. Archery and firearms licensed members together are not a legal party.