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Legal Question

NWBuck

NWBuck

PMA Member
I have a question I hope someone can answer. I still have a bow tag to fill during the late season, as well as a county antlerless late muzzleloader tag. Here's the question: is it legal for me to carry both my bow and muzzleloader to my stand? I think if I only had the muzzleloader tag I could do it, as the bow can be used in place of the firearm. I know I can go out with either weapon alone, but can I carry both? Thanks.

NWBuck
 
You can not carry a firearm while archery hunting. If you have an archery only tag in your possession you can't carry the gun reguardless how many gun tags you possess even if the seasons coincide.
 
NWBuck,

Contrary to what Scout stated if you have your archery only tag plus a late muzzleloader tag you may carry both weapons during the late muzzleloader season.

Under Iowa Administrative Code (IAC) 571-106.7 METHOD OF TAKE subsection (4) that refers to Prohibited weapons and devices it reads, "It shall be unlawful for a person, while hunting deer, to have on their person a rifle other than a muzzleloading rifle that meet the requirements of 106.7(3), or have on their person a handgun during the bow and early muzzleloader seasons.

During the late muzzleloading season the bow, muzzleloader and handgun are all legal methods of take.

One thing to remember if you carry both during the late season--you will have to follow the blaze orange requirement as any other gun hunter.

Doug Clayton

State Conservation Officer
 
Blind Sow

Since you answered this question so well could you reply about party hunting during the late anterless season starting Jan 11. Can we party hunt during this season, and can a person with a land owner license help drive on property other than his with or without a weapon.
 
Doug,

Thanks for such a clear answer...it is greatly appreciated. And thanks for the clarification on the orange as well.

NWBuck
 
I stand corrected.
That seems to go against the 'intent' of the legislation. The code seems to be worded poorly to me. I don't think the intent is to allow a person to hunt with an archery only tag while in possession of a firearm reguardless if its a muzzleloader. The intent to me seems to be to allow a late season hunter in possession of a firearm tag the ability to hunt with a bow and not allow for a person to go afield in possession of both a firearm and an archey only tag. If not, whats the logic in allowing this situation to occour during the late deer season and in no other season? While the bow, handgun and muzzleloader are legal methods of take during the late muzzleloader season, the tag issued "archery only" is still archery only during the late season. It allows a for a muzzleloading rifle to be carried with the archery only tag during the late season but not a handgun, since it is still "bow season"? The wording is doing poor justice for what is intended.
Without it being addressed elsewhere this would allow for an archery hunter to possess a muzzleloader on Oct 1st until first shotgun season. Is this the case?
 
bowmaker,

A landowner/tenant license restricts the person to his or her propery period. If off of their property they are no different than anyone else in that they would have to have a license in order to participate in the hunt. So, no, they could not help in the hunt on someone else's property irregardless of whether or not they were in possession of a weapon.

Scout,

I guess you lost me in your last post. I'm not sure if you're reading something into my post, or NWBuck's first one, or I wasn't clear enough in my original post.

If during the late muzzleloader season the only tag you have is the archery only tag, you can not have a muzzleloader in your possesion while deer hunting.

However, if you have your archery only tag and a late muzzleloader tag (either statewide or antlerless only) you can carry both your bow and muzzleloader since you have a license for both. That was NWBuck's question.

I hope this anwers your question.

Doug Clayton

State Conservation Officer
 
Blink Sow,

I'm trying not to read anything into
571-106.7(4) I don't see that it restricts you from being in possession of a muzzleloader while hunting ANY part of the bow season.
Are you or are you not allowed to archery hunt deer while in possession of a muzzleloader? Answer: No If not what prohibits it? Not this.
I was always of the mind that If you sit in a turkey blind calling in birds with a rifle and a shotgun you would be in hot water. I can't locate a code that prohibits it either. Is it only the act of using the rifle that is illegal or simple possession of it while hunting. I was under the impression possession of it was illegal.

The first line of IAC 571-106.7 Method Of Take states "permitted weapons and devices vary according to the type of season." What does permitted mean? Permitted to be USED or permitted to be CARRIED? If you cant carry the muzzleloader in the first part of bow season why would you be allowed to carry it while hunting on a bow only tag in the later part of that same season? If the fact that you possess a muzzleloader tag is accepted as the season, would'nt you also have to accept a bow hunter carring a shotgun to his stand to shoot small game? We can't decide if we are bow hunting or coyote shooting according to what comes down the tail. I don't think the intent of the code was to allow you to carry a firearm while attempting to fill an archery only tag, reguardless. The moral delimas it would create seem to be avoided at every other turn, why would it be accepted here?
The code seems to only prohibit you from carring a rifle OTHER than a muzzleloader while hunting deer, and a hand gun except during late season.
There must be some other statute or code that further addresses this. This code seems as pooly worded as the early handgun stuff.
 
Interesting discussion. It is really a mute point. I understand Blind Sow's post. If you happen to be transporting two deer out of the timber and go in with a bow only tag and a black powder tag, one better be coming out with a hole in him instead of a broadhead hole. It is easy to tell. If you carry both tags in your pocket before you transport you just have to decide which one to use! That will determine whether or not you continue to hunt the rest of the season with a black powder or not. There are alot of laws in the code that are confusing. To change this one you would have to eliminate the bow as a method of taking a deer if you possess a black powder tag. Just my 2 cents worth.
 
It was described to be by the Polk county conservation officer this way. Because I had done this very thing and asked him about it.

I had two tags, a bow only and a late muzzleloader. I took both weapons to my treestand and hunted. I told him if a deer came down the trail within 20 yards I would use my bow and if it were further I would use my muzzleloader. He said everything is fine with that. then he asked if I shot one with my bow, what tag would I use? I said my bow tag and he said that is illegal. You can not use a bow only tag while in possession of a gun. But if I used my bow to kill the deer and used the muzzleloader tag to transport it I would be fine.

So the fact that you have a bow only tag is moot point if you have a gun with you. If you use the bow only tag even for an archery killed critter you're violating the law.
 
BugleMIn,

Now you've really got me confused! I can legally carry both weapons but then can't use the bow tag? Is this true? My tags are a regular bow tag and an antlerless muzzleloader. My intent was to have the bow if Mr. Big shows up within bow range, but to have the muzzleloader to pop a nice doe if it appeared. Now, if what you say is true, I can carry both weapons to the tree but there would then be no way I could legally harvest a buck with my bow because I can't use the bow tag; and the muzzleloader tag is only for an antlerless deer. This makes absolutely no sense to me. Blind Sow...please bring some order to this chaos before late season opens!

NWBuck
 
NwBuck's situation is exactly what is avoided in all other regulations. A hunters moral fiber being tested as he is faced with a huge buck out of bow range with a rifle hanging next to him. I don't think it was intended to make a difference if the rifle is stuffed with black powder or a metalic cartridge. This code is a reversal of the standard. It's like taking 4-buck turkey hunting incase a coyote comes to your calling.
 
NW Buck, basically your archery only tag is worthless when you are in the possession of a muzzleloader while hunting.

Read Blind Sow's response carefully, it says during the "late muzzleloader season" you may possess a ML, bow or handgun. It doesn't say anything about the bow season. He is referring to people with a late muzzleloader tags.

You can use your bow during late muzzleloader, but if you carry your ML and bow in the woods you have to tag the animal with your ML tag. And in your case it better be an antlerless deer.

If you carry only your bow in the woods you can use either tag.
 
BugleMIn, I don't think BlindSow was refering to hunters with a late season muzzleloader tag. Read the first line of his FIRST post.
To say possession of a BOW ONLY tag while muzzleloading in the late season is a moot point side steps the issue. Its still bow season and you are hunting deer in possession of a BOW ONLY tag. Why can you now carry a gun and not prior. Because you have a gun tag for another deer hunting season is not a valid answer. I don't think this is being over analyzed either. Look at the wording. It does'nt even restrict you from carring a muzzleloader while hunting deer,period! I hope further regulation exists, but I have been unable to locate any.
 
Busy time of year.....
confused_em8.gif
 
Well Scout and BugleMin, I hope you get an answer. But, don't bet that Doug Clayton's answer will be exactly the same as the DNR officer in the area you hunt. I know that on a different issue Doug's answer contradicted that of a Polk County DNR officer I talked to, and I'll bet it will be on this one too. On the other issue I thought Doug was correct and the Polk County guy was wrong, but since I primarily hunt in Polk County I will play by his more strict interpretations.

IaCraig
 
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