help with a mn hunting law

[FirearmFan]

So I'm looking for solid evidence on whether something is legal or not. I have a cabin up north that I hunt at and it is on a gravel road/county road. While hunting we always unload our guns if we are walking down the road to different hunting areas. I was up grouse hunting with some friends on opener and we kicked a grouse up on the road coming off a logging trail. He wanted to walk the road and try to kick up some more birds but I said no since I thought it was illegal and I'm not breaking any hunting laws. He seemed to think that it was ok to hunt off in the ditch as long as we weren't on the road. Then a few days ago he said a guy he works with that also hunts said it was legal on gravel roads but not more high traffic areas. I'm not totally convinced thats true and was wondering if anyone could verify who is right in this situation. I know road hunting from vehicles is illegal although isn't there that new open case law this year? but what about walking a gravel road with a loaded gun (not counting my carry gun). I've never done it cuz I always thought it was illegal. I've searched the dnr website but haven't found any real good answers yet. Thanks.

[farmerj]

Goes back to what is defined as the road "right of way". pg 57 of MN Hunting Regulations

No person may discharge a firearm or an arrow from a bow on, over, across, or within the right-of-way of an improved public highway (including but not limited to federal, state, county, and township roadways) at a big game animal or a decoy of a big game animal that has been set out by a licensed peace officer

Typically, you can see that as bottom of ditch to bottom of ditch. That's just a general rule of thumb. It's really based off the centerline of the road a set distance each direction. That could be 20 feet or it could be any other distance.

Without seeing the actually county map, one would not know.

You can't hunt from a road "right of way". It doesn't specify gravel or paved. Low travel or high travel.


I realize this talks about "big game" only. I would NOT want to be the test case to fight this for grouse.

[ttousi]

Call the local CO for clarification

[plblark]

Please report back with results including CO name and number.

[princewally]

The last information I got said you're safe as long as you are past the ditch. That seems to be their rule of thumb.

[MostlyHarmless]

I believe the reason you're not finding anything is that there are no such restrictions to speak of when hunting small game with birdshot in Minnesota.

IANAL. TINALO.

[westberg]

The hunting along the road is one question. There is a distance you have to be from a motor vehicle. Having to unload is something I have not heard before unless it is before or after hunting hours. Good question.

[mnglocker]

I believe the reason you're not finding anything is that there are no such restrictions to speak of when hunting small game with birdshot in Minnesota.

IANAL. TINALO.

Actually it's illegal to take waterfowl from a right of way and technically waterfowl is small game in MN in accordance with the licensure requirements.

[ex-LT]

The hunting along the road is one question. There is a distance you have to be from a motor vehicle. Having to unload is something I have not heard before unless it is before or after hunting hours. Good question.

Not any more (at least, it's not listed in the regulations). I think it may have been rescinded as part of the statute that allows uncased firearms in the vehicles.

[MostlyHarmless]

Yes, the recent changes allowing uncased weapons did away with the distance requirement.

Good riddance. It was supposed to prevent people from hunting grouse from ATVs, and it didn't. Maybe the fact that grouse hunting territory averages one conservation officer per thousand square miles had something to do with it.

[cobb]

Perfectly legal to stand on the road and shoot a pheasant or grouse that is also standing on the road in Minnesota. I would not include an interstate highway, but a county or some of the back roads, perfectly legal. So legal yes, maybe smart to do, that is another discussion.

As far as test case, it has already happened in the Southern Minnesota area and was responded to by one of the most hard nose CO I have ever known. A hunter was standing on the road and shot at a pheasant that was on the road. Just as he fired, a vehicle came over a small rise that was behind the pheasant and the vehicle was damaged by the shot, the vehicle owner called it in. No ticket was issued for shooting the pheasant when on the road, but the hunter had to pay for the damage to the vehicle.