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Is it legal?


fasternu

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I'm going to do some Pheasant hunting in S. Minnesota over Christmas, and I would love to take my wife along for the walk. She would not be shooting. Does she need to have a license to be with me, or is she not considered "in the party" since she won't have a gun? I just wouldn't know what to do if she was walking along and kicked up a rooster, since that could be considered aiding in taking game....

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It's not against the law and she doesn't need a license BUT I would make sure she does not aid you in getting the birds up. If she walks a few feet from you there should be no problem. Before my kids were old enough to hunt they would accompany me but I kept them fairly close and behind me. Was checked by a CO a couple of times with no problems.

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Well a child doesn't need a license to hunt anything except deer and turkeys in Minnesota till they are 16, before that only requirment is if you are over 12 you need to be gun safty certified, I wouldn't think there would be a problem with an unarmed person accompying you on the hunt, if she is close by you then it can be said you flushed the bird and not her.

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  • 2 weeks later...

The way it was explained to me is that no one without a license can aid in the taking of game. Which a CO told me would include walking with you or technically even driving you out to the spot. I agree that your children would not be a problem in this situation as they don't need a license. Like said before kids under 12 can hunt with you at anytime without any requirements, and from age 12 up till their 16th birthday only need the Firearm Certificate. I think it would be worth the $25 to get my wife a license and then let her carry a gun, might get 4 birds then instead of just the 2. Of course my wife carrying a gun might scare me enough to stay home.hehehe

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another is it legal question.

Back a million years ago when I was a high school student with no car, we used to ride our bikes out of town and walk the railroad tracks for pheasants. I've often wondered if we were breaking the law. Anyone know??

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You cannot party hunt pheasants though. So your wife would have to shoot 2 birds herself. In most cases I think (to my knowledge) Rail Road tracks are private property. So that would be trespassing.

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Quote:

You cannot party hunt pheasants though. So your wife would have to shoot 2 birds herself.


You can party hunt pheasants 'til ya puke.

Migratory birds are another matter.

Unless the warden catch's your wife retrieving birds mouth to hand you'll be fine grin.gif No ones gonna hassle you as long as she isn't carrying a firearm and your within your limit.

I make mine walk ahead of me on the sloughs to check for soft spots on the ice tongue.gif

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not sure on rail road tracks, I've stopped and talked to some land owners around them before and none of them ever hasseled me about it, just wondered how i was doing. That would lead me to believe it is not private land, at least these areas, also have had trains come by and the conductors always give a friendly wave, still don't know forsure on the legality of it though...

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railroad tracts are private land, and they do post at some intersections with roads, but if your out hunting, they will never prosecute you for being there, and are always nice. I think they post it for liabilty reasons. I have hunted rail lines many times years ago, and have done very well. I shot over 20 grouse one year, just walking the rails.

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I talked with a CO a couple years ago in regards to my wife walking along while the dog and I hunted. He told me that she would need a license to walk along as she is assisting in the flush. I asked if she stayed 50 feet behind me if she then would need a license and he said it would be up to the CO that stopped you,and said he would write the ticket for no license. Railroad tracks are considered private property and yes you do need permission. I never heard of anyone getting checked as I see people doing it around home but it is agaisnt the law. I believe it was brought up in the state while in session just a few years back.

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He would write a ticket if your wife was walking 50 feet behind you? I would have fun laughing my butt of in court when the judge throws that out.

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Curly I think you'd have a pretty rude awakening if you ever got to that court room. Walking along is assisting in the hunt and you can and often will be ticketed for it. Its just a fact of life, BS or not, that's a legit interpretation by the CO.

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I find it hard to believe that if my wife went along pheasant hunting with me and was walking behind me and not handling a gun that I could get a ticket. That's the dumbest thing I have ever heard of. I can't see how that could be considered assisting when she would just be along walking behind.

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I find it hard to believe that if my wife went along pheasant hunting with me and was walking behind me and not handling a gun that I could get a ticket. That's the dumbest thing I have ever heard of. I can't see how that could be considered assisting when she would just be along walking behind.

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  • 4 weeks later...

a buddy of mine e-mailed the iowa dnr about RR tracks. He got the response that it was still private property on active lines (unsure who's propery Burlington or the landowner's) and unused tracks revert back to the landowner. it's too bad to because we always thought we had a back-up when our few spots of private land didn't produce.

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The rails are private, owned by any one of the rail lines that are still in existence. The abandoned rail beds do not always revert back to the landowner through which they run. If there is a sale of the land the landowner adjacent to the bed usually has first chance to purchase it back. In recent years the state entities have made a note of the value of the easements that the rail beds have and have been purchasing the abandoned rail beds through moneys set aside for trails (rails to trails program). In MN the railbeds are taken over by the state of MN and become property of the state of MN. The right of ways of these rail beds unless otherwise posted are open to all recreation activities as the state highway right of way. As in any of our recreational activities, if you use common sense, you will not have trouble.

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