Texas Hunting Forum

Legal Question...

Posted By: Greg

Legal Question... - 11/16/07 02:48 PM

Here is the situation. With the cold weather coming in around Thanksgiving we were thinking of going out and trying to catch some deer in the rut. We have a lot of hogs on our place this year and have been wearing them out every chance we get.

Shooting at hogs when you are deer hunting kind of wrecks the hunt for the rest of the day or at least for a while.

Is it legal for me to bring an AR15 with a silencer on it with me in my blind to shoot hogs with and then deer hunt with my 300 which is also in my blind with me?

I know I can't shoot deer with the silencer/suppressor and would not dream of doing it... that being said it is perfectally legal for me to wreck the hogs with it.

I guess I was figuring as long as any deer I shoot does not have a 223 hole in it I should be fine if GW shows up... Right?????????

Posted By: exoticbob

Re: Legal Question... - 11/16/07 03:16 PM

i would not take the chance. could be one of the nastiest meetings with a game warden. i would just forget about the hogs and focus on the deer for that trip. good luck

Posted By: JJH

Re: Legal Question... - 11/16/07 03:20 PM

Greg: I would suggest contacting the GW in advance and asking HIM.

Posted By: kyotee1

Re: Legal Question... - 11/16/07 03:33 PM

No, you may not be in possession of a firearm with either a supression-device or that may be capable of automatic-mode while you are hunting large game animals.

Posted By: USMarine

Re: Legal Question... - 11/16/07 03:56 PM

Fully automatic firearms are NOT LEGAL.
firearms equipped with silencers or sound-suppressing devices are NOT LEGAL.
A shotgun is the only legal firearm for hunting migratory game birds and lesser prairie chicken
http://www.tpwd.state.tx.us/publications/annual/hunt/means

Posted By: Startfireman

Re: Legal Question... - 11/16/07 04:35 PM

I didn't think a hog was a "game" animal. If that is the case and the silencer is legal, wouldn't he be OK?

Nongame Animals (Non-Protected): Any lawful firearm, pellet gun, or other air gun is legal.

I would still get a clarification from a game warden.

Posted By: Greg

Re: Legal Question... - 11/16/07 04:43 PM

Thanks Kyotee1. I was hoping you would see this post b/c of your profession.

I was looking but can't seem to find it in the manual though. I see where it says you can't hunt "game" animals with full auto or suppressors and I would not be doing that. I know you can't take them with those guns. But... I also know that that law does not apply to hogs or varmints. Since they are not considered "game" animals you can use any methods to harvest them you want... even suppressed guns.

Do you know where in the manual it says you can't have it with you? Not trying to be a smart arse... I just can't find it. Thanks buddy!

Posted By: kyotee1

Re: Legal Question... - 11/16/07 05:59 PM

Here you go Greg...have a good one!

You can use a full-automatic firearm and/or sound supression device, IF, you have the proper documentation and licenses for those type of firearms ONLY for Non-Game animals and Exotics which feral hogs are classified as.

http://www.tpwd.state.tx.us/publications/annual/hunt/means/

http://www.tpwd.state.tx.us/publications/annual/hunt/nongame/

Chris

Posted By: Greg

Re: Legal Question... - 11/16/07 06:55 PM

Quote:

You can use a full-automatic firearm and/or sound supression device, IF, you have the proper documentation and licenses for those type of firearms ONLY for Non-Game animals and Exotics which feral hogs are classified as.






You are right... and we do have that paperwork.

So by the wording in the law, as long as I shoot the deer with a non-suppressed rifle, then I should be fine to have both guns in the stand with me? That's my real question.

I think I may just call the GW in the area first and make sure though since that is who I would be talking with anyway just to make sure we are on the same page. Thanks!

Posted By: JJH

Re: Legal Question... - 11/16/07 07:21 PM

It's legal to hunt hogs at night with spotlights, too.

But it's always wise to contact the local GW and advise him of your plans beforehand, especially during deer season.

I would think the same approach would be prudent here.

Sounds like a blast, if you can do it!

Posted By: Crazyhorse

Re: Legal Question... - 11/16/07 07:53 PM

Contacting the GW is your best bet, but I think this statement from Kyotee1's post:
Quote:

you may not be in possession of a firearm with either a supression-device


, when HUNTING game animals is what will hang you up.

This is going to be like the issue of having a rifle in the bow stand with you, to shoot hogs.

I think the key words here are "In Possession". JMO.

Posted By: Greg

Re: Legal Question... - 11/16/07 07:58 PM

Quote:

you may not be in possession of a firearm with either a supression-device




Where does it say that CHC? I can't find it anywhere in the manual or on the TPWD site. I do however see where it says if bow hunting during bow only season, you can't have gun unless you have a CHL, but that is totally different.

I think it's just one of those things people say but is not actual law.

Posted By: MontagueBowBuster

Re: Legal Question... - 11/16/07 08:01 PM

I wanna know what paperwork you have to have to be able to carry a silencer. You must be a high ranking officer or a federal arms dealer! Seriously though I would really like to know how to obtain paperwork to get a silencer.

Posted By: Greg

Re: Legal Question... - 11/16/07 08:26 PM

Quote:

I wanna know what paperwork you have to have to be able to carry a silencer. You must be a high ranking officer or a federal arms dealer! Seriously though I would really like to know how to obtain paperwork to get a silencer.




Anyone with a clean background can have one. You do have to pay a $200 tax and get a signature from your local sherrif or judge. If they won't approve it and sign the form... then you will need to get "Willmaker Pro" software and set up a Trust. List the suppressor or full auto gun in the trust and then if everything is in line, the ATF will approve.



Posted By: MontagueBowBuster

Re: Legal Question... - 11/16/07 09:03 PM

Is that a Walther P22, Ive seen these combos for sale online but there suppresor isnt a real suppresor. I will contact you and find out a little more about it though.

Posted By: Crazyhorse

Re: Legal Question... - 11/16/07 10:49 PM

From the TP&W website:

Firearms
Game animals and game birds may be hunted with any legal firearm, EXCEPT:

white-tailed deer, mule deer, desert bighorn sheep, and pronghorn antelope may NOT be hunted with rimfire ammunition of any caliber.
shotguns are the only legal firearm that may be used to hunt Eastern turkey during the spring Eastern turkey season (see County Listing). Rifles and handguns may not be used to hunt Eastern turkey.
pellet guns and other air guns are NOT LEGAL.
fully automatic firearms are NOT LEGAL.
firearms equipped with silencers or sound-suppressing devices are NOT LEGAL.
a shotgun is the only legal firearm for hunting migratory game birds and lesser prairie chicken (see Definitions - Legal Shotgun).

I took the "not in possession" of from Kyotee1's post, but yes it is the same as the issue of having a firearm in your possession during Archery Only season.

Even though you are planning on shooting hogs with it, your main purpose of being there is to hunt deer, hence the regular deer rifle.

You will also notice I suggested checking with the GW.

If copying this out of the TP&W Outdorr annual is not good enough so be it.

I just think that most GW's are not going to "Buy Into" the idea that you have a gun, with a device that is clearly defined as illegal for hunting native Big Game, in the stand with you, along with your regular rifle, when your main intention is hunting deer.

I think you need to check with the GW in the area yopu are hunting and then get back to us with his answer.

Sorry if I am coming across confrontational, but at least 3 people have posted that hunting big game with firearms equipped with sound suppression devices is illegal in Texas.

I really believe a GW is going to have a problem with this anyway it is looked at.

With this one, as with having a rifle in your bow stand during archery only season, the letter of the law says it is illegal, and the intent of the law is that it is illegal.

If you want to hunt hogs with the gun and you have the paperwork, from what I am reading on here and in the Outdoor Annual then go for it.

But just as with guns during archery only, if you have any intention of shooting a deer, while you have that gun with you, your going to end up with a ticket. JMO.

Posted By: Greg

Re: Legal Question... - 11/16/07 11:25 PM

I know you are not trying to be confrontational CHC... it's just your nature

The best thing to do is check with GW and make sure... and I will do that and let you and everyone else know what they say.

But... you said... "With this one, as with having a rifle in your bow stand during archery only season, the letter of the law says it is illegal, and the intent of the law is that it is illegal."

The letter of the law DOES NOT say it is illegal. It says it is illegal to hunt game animals with these guns. I have said before and will say again I have NO intention of hunting deer with the supressor. Why would I? Why not just shoot them with the 300 RUM? That's why it would be in the blind with me too.

I don't want to run off all the deer by wearing out the hogs with a loud ultra mag and that is a pretty good reason to want to do what I was thinking.

I don't see how anyone would not understand my intention there. If a deer walks up and I want to shoot it I use the gun that is legal for it. If it's hogs, then I kill them quietly.

I play by the rules with what I do so I don't loose my guns. If I was a poacher and was to take deer with suppressors I sure would not be having this conversation.

Anyway... it says you can't take game animals (deer) with those guns and I would not do that, so I don't see the problem.

The gun in bow season thing clearly states that you can not carry one unless you have a CHL. States it must be in the truck or back at camp. They don't say that at all with this issue. That's why it's different.

Posted By: Crazyhorse

Re: Legal Question... - 11/16/07 11:47 PM

First, I don't seriously think that you will ever have a GW walk up to your stand and check.

Secondly, it is going to come down to the GW and how zealous he or she may be about enforcing the law.

I just think that being in possesion of both a regular rifle and a rifle with a sound suppressor on it, and having a dead deer in the back of the truck/strapped to the 4 wheeler/hanging in camp is going to be problematic at the least.

In all actuality I hope you are right in your assumption.

On the flip side of that, I would not want to be you if you are wrong, because how will a possible felony game law violation affect your ownership of those sound suppressing devices?????

Does the possible consequences of the one scenario out weigh the fun you would have shooting the hogs?

Posted By: Greg

Re: Legal Question... - 11/16/07 11:53 PM

Quote:

Does the possible consequences of the one scenario out weigh the fun you would have shooting the hogs?




NOT AT ALL! If they say no, then I won't do it... who wants to loose their guns. Not worth it. I will let you know tomorrow what they say.

Posted By: Crazyhorse

Re: Legal Question... - 11/16/07 11:58 PM

Good Luck.

Posted By: fishdog

Re: Legal Question... - 11/17/07 12:09 AM

It will all come down to what the attitude of the gamewarden and possibly the judge. Technically, the have the burden of proof but, if you get someone who wants to make an example out of you--then the law is vauge enough that you could be in for serious trouble. Just because the law is poorly written dosent mean that they will cut you any slack. Just to be safe I wouldnt risk it. Im not a lawyer but my best friend is and he said that it would be questionable as to if you would win, because how are you going to prove that you didnt intend to shoot a deer with that rifle?

Posted By: JJH

Re: Legal Question... - 11/17/07 12:09 AM

Quote:


But... you said... "With this one, as with having a rifle in your bow stand during archery only season, the letter of the law says it is illegal, and the intent of the law is that it is illegal."

The letter of the law DOES NOT say it is illegal.




The letter of the law certainly DOES say you can't have a firearm with you when you are bowhunting:

"It is unlawful to be in possession of a firearm while hunting with a broadhead HUNTING point during the Archery-Only season..."

But that may not have been what you meant.

So now we have conclusively determined that the Outdoor Annual is not entirely clear on your issue. Further debate amoung those of use how have access to limited data is pointless. So......why not just check with your GW? He will know. Or even if he doesn't, it would probably be best to follow his advice.

Posted By: Greg

Re: Legal Question... - 11/17/07 04:11 AM

JJH.. you misunderstood what I was trying to say. It does clearly state you can't have a gun during bow only season UNLESS you have a CHL... if you do, then that trumps that law and you are fine.

The persona of suppressors is "Hollywood" and "he has to be up to no good" attitudes. While infact overseas it is very common for rifles and even shotguns to have suppressors on them due noise constraints. You can buy a "can" overseas for next to nothing b/c they require people to use them. Here they want $600 & up b/c they require a little paperwork to obtain. Your neighbors would probably thank you for it b/c you won't wake them. I don't personally see any benifit to hunting with them other than not upsetting your neighbors and scaring off the "game" animals you want to fill your freezer with.



Posted By: DTCOOPER

Re: Legal Question... - 11/17/07 03:22 PM

I personally think that any black gun is bad for our hunting image.. And then you add a "mobster hit man style" silencer to it.. And it makes it that much worse. I personally think that the only guns needed for hunting are antique single shots.
geez Greg.. Why do you have to start topics like this?


Posted By: TEXASLEFTY

Re: Legal Question... - 11/17/07 03:41 PM

the black gun thing is bad? man, I agree get rid of those ugly black stocks on your senderos, and every other rifle. give me a break

Posted By: crazyal

Re: Legal Question... - 11/18/07 12:41 AM

You have a screw on compensator on the ar when the suppressor is not on there? if so use the suppressor while in the stand if the pigs show and if you need to shoot a deer as well use your intended rifle for that. when leaving the stand take off the suppressor and relace it with your compensator. this way if you are even checked it shouldn't even become an issue. i would say this would be no different than if you were leaving the lease or ranch in possession of you suppressor and a game animal of any kind even if you have a stack of hogs and a unsuppressed rifle with you and you are pulled over and checked. you would still have to hope that the GW is a reasonable person which i have heard many times aren't and just plea you case. my take and my .02

Posted By: DTCOOPER

Re: Legal Question... - 11/18/07 01:13 AM

Lefty,
I do hope you know I was joking... Every gun I own is black..

Posted By: Greg

Re: Legal Question... - 11/18/07 03:00 AM

Should anyone wish to do what I have described above I would suggest you call your local game warden and talk with them before you do it. I just did and had a good 10-15 min talk with a real nice guy.

I know you all want to know the outcome, but the conversation I had with him and the details of it will remain between us. Sorry to disapoint

Posted By: DTCOOPER

Re: Legal Question... - 11/18/07 04:20 AM

Hmmm,
Come on Greg... give us a hint..


Posted By: karma

Re: Legal Question... - 11/18/07 02:59 PM

As a owner of NFA supressors/firearms like Greg is talking about, I can add a few words. I see no reason and no law in the TP&W handbook that would prohibit shooting hogs and other non game animals would be illegal at any time. It not illegal and I hunt hogs suppressed often, along with quite a few other hunters here in N. Texas. I have hunted them with machine guns as well.

In many countries, suppressed hunting is a common courtesy to other hunters in the area. Unfortunately, here it usually automatically implies 'illegal poaching of deer at night'.

How many of you wear earplugs out in the deer stand? It's nice to shoot multiple hogs and not be deaf when you are done.
If you were on the next lease over from me and you were hunting hard for that big buck would prefer:
A) Me to shoot at a pack of hogs 5x with a .300 Win mag
or
B) Me to shoot at them 5x with a supressed rifle


I can see a situation if you are standing over a dead deer with a small caliber hole in it and a suppressed AR in your hands- so don't put yourself in that type of situation. Calling the game warden to inform him of your intentions is fine too but keep in mind that the game warden is going have something to talk about at the coffee shop when he leaves. That could come back to haunt you as the small town local people just might not understand your desire to be a legal and law abiding hunter. If I wanted to poach deer or shoot them at night I sure wouldn't have spent the thousands of dollars obtaining my suppressors/NFA weapons legally, too much to lose for me.....

Posted By: Crazyhorse

Re: Legal Question... - 11/18/07 03:29 PM

Quote:

I know you all want to know the outcome, but the conversation I had with him and the details of it will remain between us. Sorry to disapoint.




That is really a nice piece of right there, I don't care who you are.

You make a post, asking a question, then after everyone makes their comments and you finally get an answer from the GW, you are not going to pass on the information.

That is just wrong.

Why even ask a question or give an answer on a subject, when in the long run, when the proper information is obtained, not pass it along to others?

I don't see that anything was accomplished.

Posted By: Greg

Re: Legal Question... - 11/18/07 05:00 PM

You are funny CHC. Let me put it to you like this. I was neither told I could nor could not do what I want to do.

In order to use suppressors you have to have paperwork approved by the ATF, which we do. The GW wants me to call him when we head out this Friday so he can come out and meet us and make sure everythihg is in line and we have all of our ducks in a row before he tells us we can or can not do it. Sounds like a fair request to me.

There. Hope that is not as much of a answer for you.

Posted By: Crazyhorse

Re: Legal Question... - 11/18/07 05:44 PM

Quote:

The GW wants me to call him when we head out this Friday so he can come out and meet us and make sure everythihg is in line and we have all of our ducks in a row before he tells us we can or can not do it.




That is the answer I was looking for, and no it isn't .

Oh yes, clean out your mail box, please.

Posted By: Isom's_Duck_Dawgs

Re: Legal Question... - 11/19/07 05:02 AM

well you can not have that gun in the deer stand with you and a deer rifle in the stand if you do you are going to have to convince the game warden you are not deer hunting with it and you are using it for pigs. It like when you go duck hunting you can not be in poss. of any lead shells at all you you will get a ticket for each lead shell you have.

Posted By: Greg

Re: Legal Question... - 11/19/07 01:27 PM

Quote:

It like when you go duck hunting you can not be in poss. of any lead shells at all you you will get a ticket for each lead shell you have.




You are correct about the lead shells... from the book:

"Nontoxic Shot: While waterfowl hunting, only nontoxic shot approved by the director of the U.S. Fish and Wildlife Service may be possessed. Lead shot is unlawful!"

It specifically says that while duck hunting you can't have any lead with you. Therefore I can see why you would get a ticket for it.

However...IT DOES NOT SAY YOU CAN'T HAVE A SUPPRESSOR IN YOUR POSSITION while hunting game animals in the book. It says you can't harvest game animals with a suppressed rifle. Mentions nothing about having one with you.

BIG difference.

Now... if that's all you have with you and you also have a dead deer, I can see how you would be in trouble.

My question is this... who does the burden of proof fall on.

Since we know you are allowed to use suppressors to kill hogs at anytime of the year, are you saying I would get a ticket if I was in a stand during deer season with only a suppressed gun?

Your answer to that would probably be yes... but wait. What if I'm hog hunting? How do you know I'm not?

I think in situations like these it's best to talk with your GW or LEO before you do anything so you are both on the same page. If you are doing nothing wrong or illegal, there should be no reason you don't call him/her.

I should have been a lawyer

Posted By: DTCOOPER

Re: Legal Question... - 11/19/07 02:05 PM

Greg- "I should have been a lawyer"
BS - you couldn't afford the cut in pay..

Posted By: Rwuensch

Re: Legal Question... - 11/19/07 11:08 PM

Quote:

I wanna know what paperwork you have to have to be able to carry a silencer. You must be a high ranking officer or a federal arms dealer! Seriously though I would really like to know how to obtain paperwork to get a silencer.




Quite easy actualy. Call the suppressor dealer for the paperwork. The application fee "$200" to the ATF with a good guy letter from your local sheriff will get you one if you have a clean record.

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