Hunting Issues

UT - Hunting, Internet - § 23A-5-307. Use of a computer or other device to remotely hunt wildlife prohibited

Summary: This Utah law states that a person may not use a computer or other device to remotely control the aiming and discharge of a firearm or other weapon for hunting an animal. Violation is a class A misdemeanor.

This Utah law states that a person may not use a computer or other device to remotely control the aiming and discharge of a firearm or other weapon for hunting an animal. Violation is a class A misdemeanor.

Brown v. Kemp

Summary: This is a case brought by a group of hunting opponents against Wisconsin state employees to challenge Wisconsin’s hunter harassment statute. The challenged statute criminalizes those who photograph or videotape hunting activities with intent to interfere with the hunting. The challengers, who intended to use the footage to spur public debate about hunting and ensure hunters are following state taking limits, allege that the law violates the First Amendment and is unconstitutionally vague. The trial court granted summary judgment to the state employees after finding that the statute did not violate the First Amendment, and the hunting opponents appealed. On appeal, the court found that the statutory provisions on visual/physical proximity and approaching/confronting hunters were unconstitutionally vague, the photographing/recording provision was unconstitutionally overbroad, and the entire statute was an unconstitutional viewpoint-based regulation of speech.

This is a case brought by a group of hunting opponents against Wisconsin state employees to challenge Wisconsin’s hunter harassment statute. The challenged statute criminalizes those who photograph or videotape hunting activities with intent to interfere with the hunting. The challengers, who intended to use the footage to spur public debate about hunting and ensure hunters are following state taking limits, allege that the law violates the First Amendment and is unconstitutionally vague. The trial court granted summary judgment to the state employees after finding that the statute did not violate the First Amendment, and the hunting opponents appealed. On appeal, the court found that the statutory provisions on visual/physical proximity and approaching/confronting hunters were unconstitutionally vague, the photographing/recording provision was unconstitutionally overbroad, and the entire statute was an unconstitutional viewpoint-based regulation of speech.

Sentencia C-045/19

Summary: This Constitutional Court's decision declares sport hunting illegal in the entire territory. In its reasoning, the court stated that sport hunting is not an exception to the duty to protect animals against cruelty, as it does not satisfy any objective or purpose compatible with the Constitution. "It is not an expression of religious freedom, nor intended for food or medical or scientific experimentation. It is not done to control the species population and is not a deeply rooted cultural manifestation." The court further stated, "The sacrifice of an animal by humans is an extreme form of mistreatment as it eliminates its very existence and is an act of annihilation. When it is unjustified, an animal's death is cruel because it means understanding that the animal is exclusively a resource available to humans. Sport hunting, in short, is a harmful act insofar as it is aimed at capturing wild animals, either by killing, mutilating or catching them alive." "What happens here is an example of how the content and scope of constitutional norms adapt to a changing society. It is about the concept of a Living constitution, in which its scope and content take shape with the political community's economic, social, political, and cultural changes." Other forms of hunting, such as subsistence hunting, hunting for scientific and research purposes, and controlled hunting, continue to be allowed under the circumstances delineated by laws and regulations and with prior authorization of the natural resources managing authority.

This Constitutional Court's decision declares sport hunting illegal in the entire territory. In its reasoning, the court stated that sport hunting is not an exception to the duty to protect animals against cruelty, as it does not satisfy any objective or purpose compatible with the Constitution. "It is not an expression of religious freedom, nor intended for food or medical or scientific experimentation. It is not done to control the species population and is not a deeply rooted cultural manifestation." The court further stated, "The sacrifice of an animal by humans is an extreme form of mistreatment as it eliminates its very existence and is an act of annihilation. When it is unjustified, an animal's death is cruel because it means understanding that the animal is exclusively a resource available to humans. Sport hunting, in short, is a harmful act insofar as it is aimed at capturing wild animals, either by killing, mutilating or catching them alive." "What happens here is an example of how the content and scope of constitutional norms adapt to a changing society. It is about the concept of a Living constitution, in which its scope and content take shape with the political community's economic, social, political, and cultural changes." Other forms of hunting, such as subsistence hunting, hunting for scientific and research purposes, and controlled hunting, continue to be allowed under the circumstances delineated by laws and regulations and with prior authorization of the natural resources managing authority.

FL - Hunting, remote - 68A-4.001. General Prohibitions

Summary: This Florida regulation prohibits a person from taking or assisting in taking wildlife using a method that involves remote control aiming and discharging of a gun when that person is not physically present at the location of that gun, among other things.

This Florida regulation prohibits a person from taking or assisting in taking wildlife using a method that involves remote control aiming and discharging of a gun when that person is not physically present at the location of that gun, among other things.

OK - Hunting, remote - § 5-201. Means of taking wildlife--Exceptions--Fines and punishments

Summary: Oklahoma's Internet hunting ban is located in Subsection B and states that "[e]xcept as otherwise provided for in this section, no person shall hunt wildlife or exotic wildlife by computer-assisted remote control hunting." Violation incurs a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail not exceeding one (1) year, or by both the fine and imprisonment. In addition, the court may order that the hunting or fishing license and privileges of any person convicted of violating the provisions of subsection B or C of this section be revoked for a period of not less than one (1) year but not exceeding five (5) years.

Oklahoma's Internet hunting ban is located in Subsection B and states that "[e]xcept as otherwise provided for in this section, no person shall hunt wildlife or exotic wildlife by computer-assisted remote control hunting." Violation incurs a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail not exceeding one (1) year, or by both the fine and imprisonment. In addition, the court may order that the hunting or fishing license and privileges of any person convicted of violating the provisions of subsection B or C of this section be revoked for a period of not less than one (1) year but not exceeding five (5) years.

MD - Wildlife - § 10-427. Organized killing contests prohibited

Summary: This Maryland statute, enacted in 2021, states that a person may not sponsor, conduct, or participate in a contest organized in the State that has the objective of killing a coyote, fox, or raccoon for prizes or monetary rewards. A person is subject to a fine of $50 for each coyote, fox, or raccoon killed in violation of this law.

This Maryland statute, enacted in 2021, states that a person may not sponsor, conduct, or participate in a contest organized in the State that has the objective of killing a coyote, fox, or raccoon for prizes or monetary rewards. A person is subject to a fine of $50 for each coyote, fox, or raccoon killed in violation of this law.

MO - Hunting, Internet - 3 CSR 10-7.410. Hunting Methods

Summary: In paragraph (R) of this Missouri regulation, the state prohibits computer-assisted, remote hunting. "Except as otherwise permitted in this Code, wildlife may be taken only in the immediate physical presence of the taker and may not be taken by use of computer-assisted remote hunting devices. . ."

In paragraph (R) of this Missouri regulation, the state prohibits computer-assisted, remote hunting. "Except as otherwise permitted in this Code, wildlife may be taken only in the immediate physical presence of the taker and may not be taken by use of computer-assisted remote hunting devices. . ."

OR - Hunting, Internet - 635-065-0740. Hunting Prohibited

Summary: It is unlawful in Oregon to engage in computer-assisted hunting (Internet hunting) or provide or operate facilities for computer-assisted hunting in Oregon. As used in this act, “computer-assisted hunting” (Internet hunting) means the use of a computer or any other device, equipment, or software to remotely control the aiming and discharge of a firearm, bow, or any other weapon to hunt any game bird, wildlife, game mammal, or other mammal, and “facilities for computer-assisted remote hunting” means real property and improvements on the property associated with hunting, including hunting blinds, offices and rooms equipped to facilitate computer-assisted remote hunting. Nothing in subsection (8) of this section prohibits the use of computer-assisted hunting by employees or agents of county, state or federal agencies while acting in their official capacities.

It is unlawful in Oregon to engage in computer-assisted hunting (Internet hunting) or provide or operate facilities for computer-assisted hunting in Oregon. As used in this act, “computer-assisted hunting” (Internet hunting) means the use of a computer or any other device, equipment, or software to remotely control the aiming and discharge of a firearm, bow, or any other weapon to hunt any game bird, wildlife, game mammal, or other mammal, and “facilities for computer-assisted remote hunting” means real property and improvements on the property associated with hunting, including hunting blinds, offices and rooms equipped to facilitate computer-assisted remote hunting. Nothing in subsection (8) of this section prohibits the use of computer-assisted hunting by employees or agents of county, state or federal agencies while acting in their official capacities.

WV - Dogs, deer - § 20-2-5j. Leashed dogs for tracking mortally wounded deer or bear

Summary: This West Virginia law enacted in 2020 provides that a person who is legally hunting and reasonably believes he or she has mortally wounded a deer or bear may use leashed dogs to track and locate the mortally wounded deer or bear. The hunter is also permitted to use a dog handler of leashed dogs to track and locate the mortally wounded deer or bear. The hunter or the dog handler shall maintain physical control of the leashed dogs at all times.

This West Virginia law enacted in 2020 provides that a person who is legally hunting and reasonably believes he or she has mortally wounded a deer or bear may use leashed dogs to track and locate the mortally wounded deer or bear. The hunter is also permitted to use a dog handler of leashed dogs to track and locate the mortally wounded deer or bear. The hunter or the dog handler shall maintain physical control of the leashed dogs at all times.