Game warden question

B

Bob Peters

Well-known member
Talked to a buddy tonight on the phone. He was in Morris for new years party. A landowner by happenstance tells him to hunt his farm. He convinces his wife to walk with. She doesn't hunt. After a while they get by a gnarly swamp and she bows out, cuts across the field back to vehicle. Game warden pulls up and chats. He tells her next time she should buy a license. That's a head scratcher to me. And no, she didn't handle the dogs, try and flush birds, block, etc.
 
I sincerely doubt that she was observed committing an offense that warrants a ticket.

See this link. Go to the fifth bullet point on licenses. The reference regards deer hunting but I think it applies.

Deer season questions & answers

Questions and answers about Minnesota's deer hunting seasons.
www.dnr.state.mn.us www.dnr.state.mn.us

If she was observed blocking or attempting to flush birds, it may require a license.

Now, if she did have a license, could your friend shoot 6 pheasants as Minnesota allows party hunting?
 
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This is the age old question... She does not need a license to be legal to do what she did, however if she had a license it would eliminate all doubt. I don't feel like the government should sell hunting/ fishing license at all. I do wish they sold public land usage permits, and game possession permits.
 
My wife has walked with me often enough. More often ruffed grouse hunting on trails in the woods. There is no need to purchase a license and why would you ?

Game warden was out of line with his comments. Hope it did not ruin their afternoon and now she is reluctant to tag along again.
 
So we don't know what the game warden meant by his buy a license comment. So if you really question this call the department and see what their take is.

It's like the story about the woman in a boat reading a book. The game warden pulls up to the boat and upon seeing fishing gear asks to see her license. She replies she doesn't have one. He says I will have to give you a ticket for fishing without a license because you have all the equipment.

She thinks for a minute and says while you need to be charged with rape. You have all the equipment.
 
I assume the individual in the original post wasn't carrying a shotgun, was she? There's no mention of that. To me the presence of a shotgun would be the deciding factor from a legal stand point.

Simply walking with and participating is not hunting unless there is a shotgun. Would I want to get bent out of shape with a game warden on the subject, absolutely not. So perhaps the best course of action here is to 1) stay home, or 2) get a license.
 
gimruis said:
I assume the individual in the original post wasn't carrying a shotgun, was she? There's no mention of that. To me the presence of a shotgun would be the deciding factor from a legal stand point.

Simply walking with and participating is not hunting unless there is a shotgun. Would I want to get bent out of shape with a game warden on the subject, absolutely not. So perhaps the best course of action here is to 1) stay home, or 2) get a license.
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One time I posted my cousin.
 
Haven’t take the time to do a proper search of regulation's for MN. But in many states you can’t participate in hunting activities unless you have a license. For example you can’t drive deer to a posted hunter unless you have a license, whether you carry a gun or not.
Same goes for calling a turkey for a licensed hunter.
 
Maybe the CO just wanted her to buy a license, did he say she a not legal...having not read the MN regs, I don't know what constitutes "hunting"....I am not even sure in IA, but if someone is over 16 years old and is with me, they likely need a license, gun or not, I suspect.
 
Iowa requires anyone 16 and older "participating" in the hunt to have a license. The current regs state "Participation in a hunt includes, but is not limited to: handling firearms or ammunition during the hunt; trying to attract game, driving, flushing, or locating game; and working dogs.

If someone is tagging along on a pheasant hunt and walking through cover with you, the DNR could construe that as helping flush birds.
 
What does participating mean? That is a vague word. If my wife sits in the deer stand with me is that participating? What if she points out a deer I didn't see does that make her now illegal to sit in the stand with me? That is crazy logic to me and I think I would take that one to court. When I read the initial story I thought that maybe the CO was encouraging her to get involved in the sport and buy a license so she could enjoy in the harvesting part of the experience. I guess we will never know his intent.
 
I had a very similar experience about 25 years ago. It was obvious there was no intent on aiding but the CO give us a lecture about how he could issue us several citations.
 
I can kind of see the "participating" extending to those in the thick of the hunting. If you are out there enjoying it, I guess you are non-directly participating. It would take very little at that point to be actively hunting. I would say to not put a game warden in that position.
 
goldenboy said:
What does participating mean? That is a vague word. If my wife sits in the deer stand with me is that participating? What if she points out a deer I didn't see does that make her now illegal to sit in the stand with me? That is crazy logic to me and I think I would take that one to court. When I read the initial story I thought that maybe the CO was encouraging her to get involved in the sport and buy a license so she could enjoy in the harvesting part of the experience. I guess we will never know his intent.
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Joel,

If your wife points out a rooster you missed, is that participation or just the help you really need? Let’s be honest, her sharp eye might be exactly what it takes to step up your game. By the end of the season, she might even be the one teaching you how to spot and flush birds! :p.

On a more serious note, Jenn got into hunting through her walks in the field with me. She had never hunted a day in her life or handled a gun until 8 years ago when we got Ellie. There was a point where she decided if I can't keep them from hunting, I may as well go along and watch Ellie do her thing. She walked along, took photos and made for great company. When she held my gun about year 2 or 3 and set the barrel on her foot while I tied my shoes, I convinced her she should take hunter's safety. She did that with our daughter to just be more aware. By the following season, she had her own gun and shot her first pheasant. I would hope any GW would let that one go each and every time and not make anyone feel dirty about having a non-hunter enjoying the outdoors.
 
Exactly⬆️⬆️⬆️. Any game warden hasseling a non-hunting walker just along to see what it's all about is doing a disservice to all involved. I wasn't there when the warden talked to this lady so can't comment on his tone.
 
Hunt1GSP said:
Haven’t take the time to do a proper search of regulation's for MN. But in many states you can’t participate in hunting activities unless you have a license. For example you can’t drive deer to a posted hunter unless you have a license, whether you carry a gun or not.
Same goes for calling a turkey for a licensed hunter.
Click to expand...

In Minnesota ... you can call turkeys for another hunter without having a license for yourself. Just no guiding for a fee.

  • An unlicensed adult age 18 or older may assist a licensed wild turkey hunter. The unlicensed adult may not shoot or possess a firearm or bow while assisting a hunter and may not charge a fee for the assistance.
Click to expand...
 
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