# "hunting with" a handgun



## Bo0YaA (Sep 29, 2008)

I was wondering what the actual rules are for carrying a handgun while hunting. Is there a difference between carrying one and hunting with one or are they considered the same thing. The reason I ask is I was told (by a friend) I could not have a .22 on my belt while I was hunting Deer because it did not meet the min. requirements for Ft lbs & barrel length. Also I was carrying my .357 snub nose on my hip while we were trying to fill my sons tag. Is this legal?, no I did not have a tag I was just carrying it like I always do when I go into the hills.


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## lunkerhunter2 (Nov 3, 2007)

If you have your CCW you can carry anything so long as you are not hunting with it. Otherwise i think you can carry in this situation because you are not hunting. It is for personal defense right??


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## Bo0YaA (Sep 29, 2008)

exactly.


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## El Matador (Dec 21, 2007)

The rules for carrying a handgun in the field are slightly complicated. In some areas you can carry anything you want on the deer hunt as long as you don't have a tag. However, Utah has things called "temporary game preserves". Basically these are areas where big game hunts are taking place for elk, pronghorn, LE deer, and OIL species - general deer is the only big game hunt that is excluded. If you are on a temporary game preserve, you may not have ANY firearm or archery equipment with you at all, unless you're holding a tag or permit or have a CCW. So if you're hunting the Wasatch front on the deer hunt, where the extended archery elk season is open, it would be illegal to carry that .22. There are also moose, pronghorn, and goat seasons that coincide with the general deer hunt, during all of which you are not allowed to carry a gun. 

If you are holding a tag on the deer hunt, you have to carry only legal hunting weapons. Interestingly, you are allowed to conceal a handgun while hunting big game without a CCW, provided the barrel length is at least 4 inches.

The best thing, at least in my opinion, is to get your CCW and carry whenever you feel like it.


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## DallanC (Jan 13, 2009)

El Matador said:


> The best thing, at least in my opinion, is to get your CCW and carry whenever you feel like it.


+1

-DallanC


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## NoShot (Nov 23, 2007)

I am not a lawyer.

While the information given is good, it's not 100% accurate. Utah is an open carry state, and a Preemption state. The DWR cannot(but does anyway) make laws regarding *carry* open or concealed.

Just the same way city and county Law enforcement in Utah cannot make their own laws regards to carrying.


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## El Matador (Dec 21, 2007)

NoShot said:


> I am not a lawyer.
> 
> While the information given is good, it's not 100% accurate. Utah is an open carry state, and a Preemption state. The DWR cannot(but does anyway) make laws regarding *carry* open or concealed.
> 
> Just the same way city and county Law enforcement in Utah cannot make their own laws regards to carrying.


Ummm, no. The DWR can and does make laws regarding the use of firearms, but only as they pertain to wildlife. They are an agency that is "authorized to regulate" the use of firearms, and you will see these laws appearing in the Utah Administrative Code (State Law). In other words, they can make and change laws that pertain to their jurisdiction. Where did you get the idea that the DWR cannot regulate the use of firearms? It is quite clear from the Utah code that they can. I'm sure your intentions are good, but you should really get information correct before making such a post. 8)


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## cornerfinder (Dec 4, 2008)

Sorry, but I have to be contrary. Just because a state agency has been given authority by its governor dose not make it so, it may appear to be but I seriously doubt it would hold water. That power, was not his to give that power rests solely on the people. I like this topic and want it to continue. Let us not forget the constitutional rights guaranteed by the second amendment, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.". now I know that last phrase is a whole new argument, but Utah is an open carry state, the only reason more people don't is because they would be cited with disorderly conduct or disturbing the peace. you know as well as I people freak out when they see guns. I strongly believe that you could (will) get a ticket. But if you were to take it to the Supreme court, would it then be adjudicated? Who knows. I hope you let us know. I for one have a CCP. Let me quote a few great men quicly.

"I ask sir, what is the militia? It is the whole people ... To disarm the people is the best and most effectual way to enslave them." -- George Mason

"Before a standing army can rule, the people must be disarmed" -- Noah Webster

"A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government." -- George Washington

"He [Jesus] said to them, 'But now if you have a purse, take it, and also a bag; and if you don't have a sword, sell your cloak and buy one.' " (Luke 22:36)

and last but not least

"Free men don't ask permission to bear arms." -- Glen Aldrich

thanks for the rant

Corner Finder


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## jungle (May 10, 2008)

El Matador said:


> ............... If you are on a temporary game preserve, you may not have ANY firearm or archery equipment with you at all,...........


Actually, you may be engaged in an upland game hunt with a shotgun or .22 caliber rifle or handgun.


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## El Matador (Dec 21, 2007)

jungle said:


> El Matador said:
> 
> 
> > ............... If you are on a temporary game preserve, you may not have ANY firearm or archery equipment with you at all, *unless you're holding a tag or permit* or have a CCW.
> ...


Would not a small game license qualify as a type of permit? I believe my original post mentioned both tags AND permits.

Just curious, why do you specify the use of a .22 caliber rifle or handgun for hunting upland game? Only shotguns* can be used for upland birds, and rabbits can be hunted with firearms of any caliber (or gauge), not just .22s.

*Please don't post up and say that a handgun can be used to take upland birds as long as it fires at least 1/2 oz of shot between the sizes of #2 and #8. We already know that :mrgreen:


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## El Matador (Dec 21, 2007)

In response to Cornerfinder, I understand exactly where you're coming from. Open carry is something I'm familiar with. I have friends that do it, I have done it on occasion (though I prefer to carry concealed most of the time), and I have done a fair amount of reading on the topic. It is unlikely that you will get ticketed for such a practice unless you are drawing attention to it. More people than you think open carry around here, and rarely do any of them have any difficulty at all. Most often, if someone has a "problem" open carrying it's due to a business like Walmart asking you to leave, or a paranoid citizen calling the police on you. I'm not aware of any Utahns getting a ticket or being arrested for open carrying, but I know people have been asked to leave certain premises or to put their gun away. If you'd like to do a little research of your own on the topic, check out the forum at Opencarry.org.

I'm totally in favor of maintaining the individual right to keep and bear arms, but I'm also unalterably opposed to poaching. Any regulation that is designed to combat poachers is A-OK in my book. That is the reason we have laws against having firearms in your camp during an archery hunt, and also restrictions on who can carry guns during hunting seasons. The DWR has made those laws in the interest of protecting law-abiding hunters and wildlife, and to prevent poaching. I don't believe it's appropriate to call their authority into question. They have been authorized to make those laws by legislators and politicians that WE voted for, and the laws they've made are totally reasonable.


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