sendit223
Well-known member
Troy (Ursus21) and I had some dialog on another thread, but rather than detract from that one I'll start a new one.
The issue was whether or not one may use a suppressor in MT for predators. For those in MT you probably know how this ends.
The regs in question (which seem to me to be in conflict) are:
(1) From the MT website "Recreational Shooting of Predators" (http://fwp.mt.gov/hunting/regulations/predatorShooting.html) it states : "Montana statute classifies predators as coyote, weasel, (striped) skunk, and civet cat (spotted skunk). Predator shooting is not regulated by federal or state law or regulation."
(2) 87-3-123 - which says possession of a silencer "in the field" is illegal
Part (1) makes it seem like state laws would not apply when hunting predators, and yet part (2) has you breaking the law when you get out of your truck "in the field".
So I wrote to the Montana Department of Fish, Wildlife & Parks to get a determination. I received this response from a game warden:
"You are correct that coyotes are considered predators in Montana meaning that no license is required to shoot them. It is also true that one can legally own and possess a silencer or noise suppressing device for a firearm in Montana as long as the appropriate paperwork and taxes are paid to the appropriate federal agency. That being said, Montana does have a law that prohibits the possession of such devices while in the field. Montana Code annotated states:
87-3-123. Use of silencers or mufflers on firearms forbidden. A person may not take into a field or forest or have in the person's possession while out hunting any device or mechanism devised to silence, muffle, or minimize the report of any firearms, whether the device or mechanism is operated from or attached to any firearm.
Until it is changed, that is the law that currently stands in regards to firearm suppressors and silencers. Of course all the other laws regarding hunting, even predators, would also be in effect."
A few thoughts:
Although there was a bill that failed the legislative process last year to open up the use of suppressors for all game, it would be prudent for sportsmen in MT to get organized to make another run. The benefits of suppressor use are many, not the least of which include hearing protection, let alone decreased nuisance noise for others. For shooters the added benefits of decreased recoil and dampened muzzle rise are also quite helpful.
The usual arguments against suppressor use are very shallow and do not pass the sniff test for common sense. They are very close to how people argue against the second amendment. Those arguments are as follows:
(1) Increased poaching -- this is the "evil resides in the object" argument, and akin to saying that guns are inherently evil. Poachers are already breaking the law. Does anyone really think a law saying they can't use a silencer while poaching will deter them? Of course not. The other thought is that new poachers will jump to a life of crime because silencers are legal for hunting. Hmmmm. Let me think about that one.
(2) Increased crime -- again, another dim argument. Criminals will use whatever means they deem necessary to commit crimes. The legality of suppressors for hunting has zero impact on criminal intent. This is also the crime rate while using suppressors -- essentially zero.
Both arguments are unfounded in fact and born out of ignorance.
Good luck to you Montanans should you decide to take up the charge again.
Sendit
The issue was whether or not one may use a suppressor in MT for predators. For those in MT you probably know how this ends.
The regs in question (which seem to me to be in conflict) are:
(1) From the MT website "Recreational Shooting of Predators" (http://fwp.mt.gov/hunting/regulations/predatorShooting.html) it states : "Montana statute classifies predators as coyote, weasel, (striped) skunk, and civet cat (spotted skunk). Predator shooting is not regulated by federal or state law or regulation."
(2) 87-3-123 - which says possession of a silencer "in the field" is illegal
Part (1) makes it seem like state laws would not apply when hunting predators, and yet part (2) has you breaking the law when you get out of your truck "in the field".
So I wrote to the Montana Department of Fish, Wildlife & Parks to get a determination. I received this response from a game warden:
"You are correct that coyotes are considered predators in Montana meaning that no license is required to shoot them. It is also true that one can legally own and possess a silencer or noise suppressing device for a firearm in Montana as long as the appropriate paperwork and taxes are paid to the appropriate federal agency. That being said, Montana does have a law that prohibits the possession of such devices while in the field. Montana Code annotated states:
87-3-123. Use of silencers or mufflers on firearms forbidden. A person may not take into a field or forest or have in the person's possession while out hunting any device or mechanism devised to silence, muffle, or minimize the report of any firearms, whether the device or mechanism is operated from or attached to any firearm.
Until it is changed, that is the law that currently stands in regards to firearm suppressors and silencers. Of course all the other laws regarding hunting, even predators, would also be in effect."
A few thoughts:
Although there was a bill that failed the legislative process last year to open up the use of suppressors for all game, it would be prudent for sportsmen in MT to get organized to make another run. The benefits of suppressor use are many, not the least of which include hearing protection, let alone decreased nuisance noise for others. For shooters the added benefits of decreased recoil and dampened muzzle rise are also quite helpful.
The usual arguments against suppressor use are very shallow and do not pass the sniff test for common sense. They are very close to how people argue against the second amendment. Those arguments are as follows:
(1) Increased poaching -- this is the "evil resides in the object" argument, and akin to saying that guns are inherently evil. Poachers are already breaking the law. Does anyone really think a law saying they can't use a silencer while poaching will deter them? Of course not. The other thought is that new poachers will jump to a life of crime because silencers are legal for hunting. Hmmmm. Let me think about that one.
(2) Increased crime -- again, another dim argument. Criminals will use whatever means they deem necessary to commit crimes. The legality of suppressors for hunting has zero impact on criminal intent. This is also the crime rate while using suppressors -- essentially zero.
Both arguments are unfounded in fact and born out of ignorance.
Good luck to you Montanans should you decide to take up the charge again.
Sendit
