possession thread made me paranoid

G

gps4

Active member
I'm from Mississippi and plan to make a trip or two this fall to SD. I plan to arrive on a Monday and explore the public walk-in opportunities for a few days then hunt private property with an outfitter at the end of the week. Given the current state of ammo availability, I expect I will need to bring my own from home just in case.

In reading the 2021 Hunting Handbook I came across this - The use of non-toxic shot is required for all small game/waterfowl hunting on all state game production areas, lake and fishing access areas, state park system areas, U.S. Army Corps of Engineers land, U.S. Bureau of Reclamation Wildlife Production Areas managed by GFP, U.S. Fish and Wildlife Service National Wildlife Refuges, and U.S. Fish and Wildlife Service Waterfowl Production Areas (WPA). Lead shot may not be possessed while hunting waterfowl/ small game on these areas. GFP encourages hunters to use nontoxic shot for all hunting, but it is not required on U.S. Forest Service National Grasslands, SD School and Public Lands or on most GFP-managed and leased property designated as Walk-In Areas, CHAP and CREP when hunting small game such as pheasants, grouse or mourning doves.

What constitutes "possession" in this context?

For example, I ride into town early Monday morning with my vehicle loaded down with all the gear I've packed. I have boxes of lead shells and steel shells in my vehicle. I start my hunt on CREP at 10:00 am and load my gun and my game bag with lead shells. I finish with that field, and the next one I come to is WPA which requires use of non-toxic shells.

If I park my vehicle, grab a separate vest out of my dry box with only non-toxic shells, and walk the field, am I in violation because there are lead shells in my vehicle locked in a dry box?

Discuss...

Thanks in advance.
 
Yep, just have the right shells in your gun & pockets at the right time. Don't worry about what's in your car.
Not to give anyone a false sense of security here...but I've probably hunted public land (or publicly accessible land) in SD close to 1,000 times since non-tox became required for either waterfowl (1987 or so) or pheasants (1995 or so). Quite a few visits by the game warden. I've never had my shells checked. Not once.
(Of course, having said that, I better have my poop in a group this season, because I'll get checked several times.)
 
I was checked last season for non-toxic shells for the first time in my life. It does happen, but if you have the right shells on your person while in the field, you have nothing to worry about. "Possession while hunting" provides the distinction between what's in your vehicle and what's on your person, IMO.
 
You're totally fine as long as it isn't in your vest/pocket. Basically nowhere on your body, while in the field. Standing at the truck, you can have lead in your truck just as long as it isn't with you when you step away to hunt.

A friend of mine got stopped while we were in SD a few years back and got ticketed for 1 lead shell. I had steel only, but the lead shell he had was down in the bottom of his vest and the same color as his steel (I think it was a Browning shell which the hulls are black and say "lead" or "steel" on it).

I was surprised he got ticketed and not just a warning but it is what it is.
 
I’ve been checked twice in SD for steel. Different years but same CO. I’m a two vest guy so it was not a problem. Got checked as we left the truck the first time, not a problem with the lead vest sitting there in the bed. Checked about 5-6 rounds and we went to chatting.
Probably the most normal CO I’ve run into in my life. Pulled out my atlas and he pointed out areas where he had checked guys usually getting birds
 
I've been checked 3 times in the last few years, and my shells were checked once. I like the two vest idea. So logical, never thought of that. Good tip. Now I gotta buy a new vest:cool:
 
I've been checked one time out of hundreds, if not thousands of hours in the fields. I had to empty all my shells out of my pocket and he checked every one. When going through different types of land with different rules in the same day, some people I know do one pocket of lead, one pocket of steel - however that would technically still be a violation even though you are intending to do the right thing. I keep it simple, and pretty much just only buy steel and then I do not have to worry about it when hunting public lands, unless it is a rare day that I'll be on private all day then I'll use lead if I even have any.
 
My "steel vest" is just an old worn one that got retired for a newer/better version. All the guys in my group have done the same thing. I mean...who doesn't have an old vest stashed away with other older hunting gear?

We don't hunt much in steel only territory anyway.
 
The consensus is clear on the original question. My post is to share a story I just heard about the risk posed by similar regulations.

I listen to the "Cal's Week in Review" podcast which is sort of a conservation news/advocacy/wildlife crime news thing. Just yesterday I listened to Episode 106 from May 9. In it there were two stories of wildlife violations. One was somewhat similar to the OP's question. A new duck hunter, accompanied by a veteran, was checked on a state wildlife area that required non-tox shot and ALSO imposed 25 shell limit. The new duck hunter had forgotten about a box of lead shot in the bottom of his backpack. So, he was in violation of both the non-tox requirement and the shell limit requirement. I won't go into the story about how it happened, but clearly he was in violation. His fine was $1500.
 
I switch back and forth from lead to non-tox with my same vest. Never been a problem for me. I've been checked 3 times, and it's always been when getting back to the truck. I would unload the gun and gave the warden a shell to look at. They never checked my vest, just what was in the chamber/magazine.
 
matto said:
The consensus is clear on the original question. My post is to share a story I just heard about the risk posed by similar regulations.

I listen to the "Cal's Week in Review" podcast which is sort of a conservation news/advocacy/wildlife crime news thing. Just yesterday I listened to Episode 106 from May 9. In it there were two stories of wildlife violations. One was somewhat similar to the OP's question. A new duck hunter, accompanied by a veteran, was checked on a state wildlife area that required non-tox shot and ALSO imposed 25 shell limit. The new duck hunter had forgotten about a box of lead shot in the bottom of his backpack. So, he was in violation of both the non-tox requirement and the shell limit requirement. I won't go into the story about how it happened, but clearly he was in violation. His fine was $1500.
Click to expand...

I could search, but maybe you could tell me which state that was in? Not only is the fine pretty wild, the "25 shell only" is an affront to those of us who prefer to heat up the barrel before zeroing in on a target.
 
Bob Peters said:
I switch back and forth from lead to non-tox with my same vest. Never been a problem for me. I've been checked 3 times, and it's always been when getting back to the truck. I would unload the gun and gave the warden a shell to look at. They never checked my vest, just what was in the chamber/magazine.
Click to expand...
I got checked last year. I had lead, but had my cousin with me.No ticket.
 
Good idea to have two vests if planning to hunt anything that requires steel. I have two vests that I keep with me. One has lead and the other steel shot.
 
This is why I only use non-toxic shot in South Dakota. It is too easy to inadvertently have a lead shell in a vest/pocket or whatever. Personally, I don't think it reduces my overall success rate at all, and it certainly makes for a more relaxed hunting experience. I may have lead shot loads in my vehicle for use in other states (we often hunt 3 states on our trips), but never open a box of it in SD.
 
You must log in or register to reply here.
Back
Top