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Question on moose hunt laws

6065 Views 30 Replies 15 Participants Last post by  Bull's eye
I want to know the regs for the moose hunt, as for bowhunting. this season the moose hunt is at the same time as the fall bow hunt for bear, i have my bear tag still available, can i bring my bow with me, with my gun just incase a bear walks in. I know its 1 weapon for one tag, but in this case i should be legal to bring both....if i cannot can someone show me some rules or regulation on this matter, What would one say if i went to court because i had 2 weapons in my moose spot, well there some bear at my moose spot (i can prove it with trail cams)....I am just trying to find rules on this subject...
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Just talk with a DNR officer, if i can proove that bear go at my salt lick, and i have a bear tag and moose tag i can bring both with me....
Do yourself a favor, and get that in writing, or have that person show it to you in the regulations. No offense to DNR, but not all of them interpret the regulations the same way, and it would truly suck to be in front of a judge trying to prove your innocence.
Maybe you are right?

From what I understand, crossbows are not considered a firearm by law. Correct me if I'm wrong. It's the same for a bow. Bows and crossbows are not requried to be registered. But under DNR regs crossbows are illegal for hunting. But you are not actually hunting with it when shooting at a target. Just like a bow hunter shooting at a target. I don't think there is any law stating you cannot discharge a bow or crossbow any time of year anywhere.

You are comparing a firearm such as a gun to a crossbow. Not the same deal.
DNR and the Federal law do not classify a 'firearm' the same way.

Federal firearms act:
As set out in the Firearms Act, "firearm" means:

* a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes
* any frame or receiver of such a barrelled weapon, as well as
* anything that can be adapted for use as a firearm.
Source RCMP

DNR defines a firearm as:
"firearm" means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or longbow;

Fish and Wildlife Act - NB

As for the crossbow, it is illegal to have one in a resort of wildlife.
DNR defines this as:
"resort of wildlife" means any waters or lands, including highways or roads, that are frequented by wildlife;

This means that if you are shooting the target block in your yard, you would do well to ensure that you are at the very least 100 meters, and keep it very low profile. Even your back yard is frequented by wildlife, if you give someone a reason to give you a hard time, they certainly have justification, "under the letter of the law".
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You may carry multiple weapons during deer / bear season, not moose season, the law clearly states that.

In Moosebuck's case, he does not carry multiple weapons, he would have a designated single weapon for moose (rifle) and a designated single weapon for bear (his bow during archery season). Nothing to inquire about, the laws is clear on this.

Stretching the example, I'm pretty sure he could shoot an arrow in a bear's boiler room while carrying his 300WSM on his shoulder, loaded with the safety on, and it would not be considered a felony in the Act.

The 2 season overlap (they did too last year...) and as a bear hunter (Moosebuck has a lot of bears to his credit and outfitted for bears quite a bit back in the days), he is entitled to carry both weapons for both overlapping big game seasons,,,,period.

I'll put an end to this impass by convincing him to only take his bow out during moose/bear.....this way when a 60inch bull comes out and hangs out at 200yards, unapproachable upwind, he'll have to let my dad shoot it with his thrusty .308 (my dad got his 2010 tag) LOL!

We won't be too far from you guys Moosebuck, just radio us in and we will resolve your dilemna LOL!

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It's kind of a grey area. And it may put you in front of a judge since it does say that the holder of a moose licence can only have one firearm in his possesion so even if you had a bear tag you are still in the possesion of a moose tag. I think its a dumb law since every other season and time of year you can carry as many as you want but those are usually the ones that get you in trouble.

It would be up to the ranger that stops you on whether you were charged or not and it would be up to the judge as to how he interprets the legislation on whether you get off or not.

On a side note it is not up to DNR to prove you are guilty. If they had reasonable grounds to charge you it then becomes up to you to be able to prove your innocence.

Personally I would call the head of enforcement in Fredericton and get something in writing if you were thinking of carrying more than 1 firearm.
Moosebuck has no intention of breaking the law, far from it. He has asked a DNR CO and obtain written confirmation that he would be allowed. This IMO dissolves any and all RPGs (Reasonable Probable Ground) for legal actions.

Given that his moose licence gives him full right to carry ONE firearm during the 3 day moose season, his archery bear tag allows him equally to carry ONE archery set as well, I just don't see any grey area here, neither would a judge IMHO.

I will be interested to see how this pans out, if he goes through with it. It would be something checking in at local DNR office with a big fall boar and a 50'' bull besides it LOL!

In 2008 when I had my moose licence, I had inquired DNR about the right to alternate between a bow and a rifle, depending on the shot opportunity I would / could get at a moose. I'm not a bear hunter....at all, so the answer I got was I could alternate with my secondary hunter, as long as both hunters had their bow hunter course and were allowed to tote archery gear in the woods.

My brother being my secondary hunter at the time and the fact that he had never had a shot opportunity at a moose, I waved it off and we both rifle hunted. I was the one who shot a very nice bull, so this year he's 2nd gun to my dad and I'm the caller (that's how I wanted it). Had I been designated 2nd fiddle to my dad, I would have opted for stick and string for sure.

Maybe next time around, it there's ever a next time around in this lifecycle...
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Its illegal to have a crossbow in your possession in resort to wildlife, which would mean having one with you when you hunt with a gun is illegal.
Its illegal to have a crossbow in your possession in resort to wildlife, which would mean having one with you when you hunt with a gun is illegal.
I have my moose license this year and i hunt bear with a bow. I went to the dnr and ask the same question ,if i could bring my bow for bear and a rifle for moose.I was told no and they refer me to the head office in Fredericton, were they gave me the same answer. I ask for the section of the act. And the one they gave me is section 16(1) of the Moose Hunting Reg.If you are in possestion of a moose licence you can only have one firearm in your possestion.

So i will be going with my bow for moose and my brother will be coming with a gun for the designated licence.
Tradbow, you are correct.

16 No holder of a resident moose licence, a designated resident moose licence or a non-resident moose licence shall have in his or her possession in a resort of wildlife more than one firearm during moose season.
95-119; 96-63 [sic]

Fish and Wildlife Act definition of a firearm is in my above post. It includes a Bow, or Crossbow.
Well, no replies for a month so I'm allowed to hijack! Actually too hard to start a new thread for this non-techie.
Here's my issue:

Definition of hunting (as per NB Fish and Wildlife Act):

"hunting" means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;

So my question is: If I go out for a pre-season moose scout with my camera, and follow a moose trail in hopes of seeing and photographing a bull, am I "hunting" out of season and without a licence? I appreciate that a DNR agent might exercise his prosecutorial discretion in my favour and not charge me, but if he did charge me......am I guilty?
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X2 Buckman! This is getting litigatious in nature LOL!

In your definition of the Act, no mention of ''attracting'' or ''calling'', so hypothetically speaking, say one were to ....I don't know.... put out 300lbs of salts and minerals and other attractant products in hopes of catching thousands of pics with a trail cam, would he/she be breaking the law?

Similar instance to practice game calling, go out for a pre-season scout, randomly drive in the woods, see a young bull and proceed to call it within a stone's throw for a photo op??.....

I'm pretty sure a judge would most likely not waste any oxygen on looking over the fact THAT YOU HAVE NO WEAPONS AS PER THE ACT ITSELF, AND HENCE, YOU ARE NOT ACTIVELY ''HUNTING'' AND / OR ''CHASING'' AND / OR ''PURSUING'' AS DEFINED IN THE ACT.

I would hope that they have bigger cases to deal with, that do cause a serious threat to our wildlife herd(s).

My interpretation, litigators welcome!
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