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Are Game Camera's Legal in Montana?

Page 15:

"Motion-Tracking Devices and/or
Camera Devices
It is illegal for a person to possess or use in the field
any electronic or camera device whose purpose
is to scout the location of game animals or relay
the information on a game animal’s location or
movement during any Commission-adopted
hunting season."

I suppose it would depend if the camera was set with the intent of scouting game animals or just simply to take pictures of whatever might come by.
 
Which means - if taken literally, that you can't observe elk or antelope during mountain lion or wolf season, or deer and elk right now because of bear season, or after August 15 because of archery antelope season.
Whether common sense and judgement is applied to enforcement, I have no idea and don't own a camera.
 
MTGomer said:
Which means - if taken literally, that you can't observe elk or antelope during mountain lion or wolf season, or deer and elk right now because of bear season, or after August 15 because of archery antelope season.
Whether common sense and judgement is applied to enforcement, I have no idea and don't own a camera.
Click to expand...

This was my literal interpretation as well...so there are some units that you can only have a camera from June 16th- Aug 14 because of one season or another.
 
Regs say you can't even possess one during an open hunting season. So literally if it's in my closet, I'm still violating the law, as it is currently written. Crazy!
 
BigHornRam said:
Regs say you can't even possess one during an open hunting season. So literally if it's in my closet, I'm still violating the law, as it is currently written. Crazy!
Click to expand...

Try doing some research, quit your whimpering, and make some changes...good grief.

And no, I'm not going to tell you how to go about it, learn, like I had to.
 
BigHornRam said:
Regs say you can't even possess one during an open hunting season. So literally if it's in my closet, I'm still violating the law, as it is currently written. Crazy!
Click to expand...

Literally, no. "Possess or use in the field", with the underlined phrase being the critical component that would exonerate you if you were to be cited for having one in your closet.
 
JLS said:
Literally, no. "Possess or use in the field", with the underlined phrase being the critical component that would exonerate you if you were to be cited for having one in your closet.
Click to expand...

"Possess and use in field" would exonerate you. "Possess or........" does not.

Poorly written regulation.
 
See BHR, if you want to talk "INTENT" here, What is your intent when one is considering that they found your cam in your closet vs. finding one in your hand hiking up Buck Horn Saddle?
 
BigHornRam said:
"Possess and use in field" would exonerate you. "Possess or........" does not.

Poorly written regulation.
Click to expand...

Actually, no. Possess AND use in the field means that both components must be satisfied while IN THE FIELD. Possess OR use means that only one must be satisfied while IN THE FIELD. Which still means having one in your closet is not illegal.
 
shoots-straight said:
See BHR, if you want to talk "INTENT" here, What is your intent when one is considering that they found your cam in your closet vs. finding one in your hand hiking up Buck Horn Saddle?
Click to expand...

If your intent when purchasing a game camera is for scouting purposes, then it is illegal to possess it in Montana during an open game season, as the regs now read. I suppose if you live on a Reservation and have camera there, then this regulation does not apply. Buckhorn saddle OR my closet are not on a Reservation and do apply.

Poorly written regulation.
 
I cannot imagine the overwhelming guilt a guy might have, knowing he left a trail camera out while a hunting season was going on somewhere. It would be terrible, like wearing 390 square inches of florescent orange, leaving the inner loins on a black bear for the birds, or maybe almost at ethically reckless as having a lighted nock on your hunting arrow.
 
The last antecedent rule is a doctrine of interpretation of a statute, by which "Referential and qualifying phrases, where no contrary intention appears, refer solely to the last antecedent."[1] The rule is typically bound by "common sense"[2] and is flexible enough to avoid application that "would involve an absurdity, do violence to the plain intent of the language, or if the context for other reason requires a deviation from the rule."

This would seem to contravene your interpretation bighorn.
 
This topic has been beat to death for the past 3-4 years on every forum on the net. The search function is your friend.
 
BigHornRam said:
If your intent when purchasing a game camera is for scouting purposes, then it is illegal to possess it in Montana during an open game season, as the regs now read. I suppose if you live on a Reservation and have camera there, then this regulation does not apply. Buckhorn saddle OR my closet are not on a Reservation and do apply.

Poorly written regulation.
Click to expand...

Going to just continue with your high pitched whimpering, or take action?

Yeah, I know, its slightly tougher to actually do something, than it is to complain. Funny what a couple people with some gumption can accomplish...seen it.
 
BuzzH said:
Going to just continue with your high pitched whimpering, or take action?

Yeah, I know, its slightly tougher to actually do something, than it is to complain. Funny what a couple people with some gumption can accomplish...seen it.
Click to expand...

Time for a "big shake up."
 
My cameras on public land are up after bear season and are taken down in August - sometimes after pronghorn season starts, but on National Forest at 8,000 feet I don't sweat it.

Almost year round I have one set up in my back yard because I like to see midnight coyotes inspecting the chicken coop. On private land there's little enforcement that could ever occur. I think we might be overthinking this. In the regs the word purpose is a description of intent, which, unless you're really stupid about the things you share with the others, is near impossible to infer.
 
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