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Please help. Citation for “unlawful party hunting”

Luv2BowHunt

By Luv2BowHunt
in MN Hunting

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Luv2BowHunt Newbie

Luv2BowHunt

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Hello I am looking for clarification/opinion. I have reached out to the MN DNR and local legislation but have not received much help thus far. I was cited for unlawful party hunting but I am 100% certain I was hunting legally. 
 

No sugar coating this was the scenario. I (using a recurve) participated in a mixed weapon group hunt, driving posting pushing etc. with 3 other men using shotguns. All 4 of us had licenses and unused tags.
 

Upon completing the hunt, the local CO cited only myself for unlawful party hunting as his interpretation of the law is “you must all be using the same weapon type to hunt together”

 

My understanding of the rules are this.

 

-Party hunting consists two or more people hunting with the same weapon type. A member of a     party-hunt may kill two or more deer if two or more tags are available. 
 

-While hunting with that group I can NOT shoot two or more deer as I have one bow tag and must shoot a deer and tag it with my bow tag, not using one of their shotgun tags.

 

-They (3 men) may NOT shoot 4 deer and use my bow tag for one of them. 
 

According to the regs a mixed weapons group consisting of two or more bows and two or more guns are considered two separate parties. 
 

After reaching out to the CO again for further clarification he told me I was participating in  the potential “taking” of deer and if a deer was killed by a shotgun, I was a “participant in taking” by driving or pushing while using a bow and that’s not allowed. He also told me to take it to court. 
 

The regs do not say that a person using a bow may not hunt/assist in the same group of people if they’re using guns. They also do not say a gun hunter can’t hunt/assist alongside other hunters using bows. They just say you can’t party hunt mixed weapons, “tag sharing.”
 

No deer were taken, no other infractions made, no alcohol/drugs, all licensed, all tags available. Zero reason to give a fine other than (in my opinion) his lack of understanding the legal definition of party hunting. 
 

So sorry for the long post - wanted to be as detailed as possible. I am desperate for guidance as I will not pay this citation and plead guilty when I am 100% certain I was hunting legally! Thank you. 

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leech~~ Grand Master

leech~~

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Sorry, but it seems like you already understand the Law.  Good luck! 

 

"My understanding of the rules are this.

 

-Party hunting consists two or more people hunting with the same weapon type"

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Wanderer Grand Master

Wanderer

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Seems like a fine line drawn there but I can see the potential of illegal tag sharing.  But really, there’s potential of illegal activity every time we go out.

 

Some wardens will cite every violation they can while others would be content with a warning.  He did interpret the law correctly.
 

Go to court, plead your case, possibly pay a reduced fine under agreement of no same or similar violation within 6 months and it’s off your record.

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leech~~ Grand Master

leech~~

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49 minutes ago, mulefarm said:

Any update on your issue?

Most not have been very important, he never came back!  

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smurfy Grand Master

smurfy

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43 minutes ago, leech~~ said:

Most not have been very important, he never came back!  

but then again.........mayhaps he got a life sentence!!!!!!!!!!🤔🤣

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Luv2BowHunt Newbie

Luv2BowHunt

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On 12/18/2022 at 9:52 AM, Wanderer said:

Seems like a fine line drawn there but I can see the potential of illegal tag sharing.  But really, there’s potential of illegal activity every time we go out.

 

Some wardens will cite every violation they can while others would be content with a warning.  He did interpret the law correctly.
 

Go to court, plead your case, possibly pay a reduced fine under agreement of no same or similar violation within 6 months and it’s off your record.

It was dismissed before court via email correction from enforcement officer Robert Gorecki. 

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Luv2BowHunt Newbie

Luv2BowHunt

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On 12/18/2022 at 11:13 AM, smurfy said:

but then again.........mayhaps he got a life sentence!!!!!!!!!!🤔🤣

It was dismissed before court via email correction from enforcement officer Robert Gorecki.

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