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Mar 25th, 2012
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Hunting From The Tailgate #7246791
08/06/18 02:54 PM
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Who shoots dove while sitting on the tailgate? While technically illegal, apparantly many still do according to the GW thread. Personally I have seen a couple guys out of hundreds actually sit on the tailgate so pretty sure it is not too common. Plus it is not comfortable to shoot from and provides no shade. I like full range of motion if birds are flying. Birds flare after a few days of shooting anyway.

I am not going to debate leaning on a tailgate, which is technically illegal as well but that would be about impossible to prove and a hard position to shoot all your birds from.

Re: Hunting From The Tailgate [Re: Txduckman] #7246819
08/06/18 03:20 PM
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I'm lazy but not that lazy. I pull down a chair and set it by the tail light. Let's me keep my cooler in the bed, I can switch sides based on sun/shade, and my dog is at my side where he is supposed to be.

Re: Hunting From The Tailgate [Re: Txduckman] #7246829
08/06/18 03:28 PM
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Sometimes I do, sometimes I shoot from a chair. A lot of times we sit in the back end of the Polaris under a tree. Depends on the setup and how/where we are hunting. Iíve always read that law to mean you canít be driving around shooting birds/chasing them. That makes sense and is what I would consider ďhunting from a vehicleĒ.. I see zero benefit from ďsittingĒ on your tailgate while hunting so Iím not sure why the law would be interpreted as hunting from a vehicle if that is all youíre doing.

Last edited by krmitchell; 08/06/18 03:29 PM.
Re: Hunting From The Tailgate [Re: Txduckman] #7246855
08/06/18 03:45 PM
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What about parking your truck/vehicle across the field from where you are hunting? I have always thought birds flared when hunting to close to a vehicle so I park the truck away from me as not to flare the birds away from my location. But technically this could be construed as 'concentrating' birds which would technically be illegal since the birds would be flaring away from the location I left my truck, in the part of the field I am not hunting.

Quote:
It is unlawful to use motor-driven land, water or air conveyances or sailboats to concentrate, drive, rally or stir up any migratory game bird.

Re: Hunting From The Tailgate [Re: Txduckman] #7246878
08/06/18 03:57 PM
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It is clearly or unclearly (since it doesn't say make of pickup and butt position) stated in the regulations you cannot even touch a vehicle when pulling the trigger as that would be "hunting from it". Stirring up birds is right below it. Few outfitters I have been with make it clear to not be sitting on the tailgate if fed GW shows up. You can google it and find other discussions about it and tickets issued.

"It is unlawful to hunt from or by means of motor-driven vehicles and land conveyances or aircraft of any kind except paraplegics and single or double amputees of legs may hunt from stationary motor-driven vehicles or land conveyances. It is unlawful to use motor-driven land, water or air conveyances or sailboats to concentrate, drive, rally or stir up any migratory game bird."

https://tpwd.texas.gov/regulations/outdoor-annual/hunting/migratory-game-bird-regulations/methods

Re: Hunting From The Tailgate [Re: Txduckman] #7246882
08/06/18 04:07 PM
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It isn't clear at all, and there is zero mention of "touching" your vehicle. It says hunting "from", so what the definition of "from" is can be debated. Maybe this would be a good question to reach out to TPWD via email and ask them. Have them go on record of what is and what isn't hunting "from" your vehicle. I've done this a few times regarding spikes, and other questions I had that I wanted clarified. I can almost guarantee you they aren't going to say if you are simply touching your vehicle you are hunting "from" it. I think you have a better argument if you are sitting in the bed in lawn chairs or on a cooler rather than leaning against it but I'm guessing that would vary from warden to warden.

Last edited by krmitchell; 08/06/18 04:11 PM.
Re: Hunting From The Tailgate [Re: Txduckman] #7246929
08/06/18 05:01 PM
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There was an episode of Lonestar Law where one of the wardens shot an antelope from the passenger seat of a pick up on private lands. I remember him talking about it being legal because it wasn't from a road. Why would it be different for migratory game birds vs. fur-bearing animals? I need to try and find that episode.

Re: Hunting From The Tailgate [Re: TLew] #7246945
08/06/18 05:10 PM
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Originally Posted By: TLew
I'm lazy but not that lazy. I pull down a chair and set it by the tail light. Let's me keep my cooler in the bed, I can switch sides based on sun/shade, and my dog is at my side where he is supposed to be.
Ditto


Bobby Barnett

Re: Hunting From The Tailgate [Re: Herbie Hancock] #7246958
08/06/18 05:24 PM
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Originally Posted By: Herbie Hancock
There was an episode of Lonestar Law where one of the wardens shot an antelope from the passenger seat of a pick up on private lands. I remember him talking about it being legal because it wasn't from a road. Why would it be different for migratory game birds vs. fur-bearing animals? I need to try and find that episode.


The distinction is that there in no prohibition on hunting deer/antelope/hogs, etc. from a vehicle on private land.

Migratory birds it specifically outlines no hunting from a vehicle.

Re: Hunting From The Tailgate [Re: Txduckman] #7246960
08/06/18 05:26 PM
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This law is specific to migratory birds only and is Federal law. It is not a state law. Feds don't regulate deer and antelope hunting.

https://www.fws.gov/le/hunter-responsibility.html

Re: Hunting From The Tailgate [Re: krmitchell] #7246963
08/06/18 05:28 PM
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Originally Posted By: krmitchell
Originally Posted By: Herbie Hancock
There was an episode of Lonestar Law where one of the wardens shot an antelope from the passenger seat of a pick up on private lands. I remember him talking about it being legal because it wasn't from a road. Why would it be different for migratory game birds vs. fur-bearing animals? I need to try and find that episode.


The distinction is that there in no prohibition on hunting deer/antelope/hogs, etc. from a vehicle on private land.

Migratory birds it specifically outlines no hunting from a vehicle.


Thanks.

Re: Hunting From The Tailgate [Re: Txduckman] #7247545
08/07/18 01:02 AM
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Seems like a silly law, but I wouldnít do it anyway.


Originally Posted By: bill oxner
I just turned it on . I was looking bird dogs in the butt this morning.


Re: Hunting From The Tailgate [Re: Duck_Hunter] #7247566
08/07/18 01:21 AM
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Originally Posted By: Duck_Hunter
Seems like a silly law

Whatís the rational for the law? I understand if the vehicle is running, otherwise it makes no sense. Should be like hunting out of a boat.

Re: Hunting From The Tailgate [Re: Guy] #7247590
08/07/18 01:38 AM
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Originally Posted By: Guy
Originally Posted By: Duck_Hunter
Seems like a silly law

Whatís the rational for the law? I understand if the vehicle is running, otherwise it makes no sense. Should be like hunting out of a boat.


Yep, agreed. What is the difference between a tailgate of a parked truck/UTV and a chair 1 foot away.

Re: Hunting From The Tailgate [Re: Txduckman] #7247646
08/07/18 02:32 AM
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Safety??? Guy on our lease has a tailgate that will fall if you step on it. Lol. grin

I would say having guys ride in bed while someone else drives it to stir up birds and guys in back shoot? So they just made a one size fits all law possibly eliminate all hunting from a vehicle and not argue if they were driving birds or not. I was checked up in Grayson and a kid was driving a 4 wheeler stirring up birds. He got a talking too and hunters were pissed at the kid.

Re: Hunting From The Tailgate [Re: Txduckman] #7247658
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If the vehicle isnít running/has no one in the cab etc, it seems pretty obvious that they werenít driving around stirring up birds with people shooting from the back. Guarantee you more hunting accidents happen when people are climbing out of blinds or crossing fences then sitting on the tailgate of a parked truck.

Re: Hunting From The Tailgate [Re: Txduckman] #7247666
08/07/18 02:51 AM
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Originally Posted By: Txduckman
It is clearly or unclearly (since it doesn't say make of pickup and butt position) stated in the regulations you cannot even touch a vehicle when pulling the trigger as that would be "hunting from it". Stirring up birds is right below it. Few outfitters I have been with make it clear to not be sitting on the tailgate if fed GW shows up. You can google it and find other discussions about it and tickets issued.

"It is unlawful to hunt from or by means of motor-driven vehicles and land conveyances or aircraft of any kind except paraplegics and single or double amputees of legs may hunt from stationary motor-driven vehicles or land conveyances. It is unlawful to use motor-driven land, water or air conveyances or sailboats to concentrate, drive, rally or stir up any migratory game bird."

https://tpwd.texas.gov/regulations/outdoor-annual/hunting/migratory-game-bird-regulations/methods


So you canít hunt ducks from a motor boat? You can get a BWI, which carries the same penalty as a DWI, so on those same thoughts you wouldnít be allowed to hunt from a boat. Got to get in that water


Originally Posted By: bill oxner
Ever spit it out rather than swallow it?

Originally Posted By: pegasaurus
Enjoy it while you can. One day you might be complaining about NOT getting random pop-ups in the morning. grin
Re: Hunting From The Tailgate [Re: Txduckman] #7247690
08/07/18 03:21 AM
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I like to shoot my morning limit from the tailgate and my evening limit from the front bumper.


Originally Posted by bill oxner
I plowed mules.
Originally Posted by Roll-Tide
I did build a cabin. Aka the brokeback shack.

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Re: Hunting From The Tailgate [Re: Guy] #7247695
08/07/18 03:27 AM
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Originally Posted By: Guy
Originally Posted By: Duck_Hunter
Seems like a silly law

Whatís the rational for the law? I understand if the vehicle is running, otherwise it makes no sense. Should be like hunting out of a boat.


Agree. If I sit on the tailgate while the truck is off and clearly parked for the hunt, how is that different than if I throw a camping chair next to the tailgate and hunt from that.

There are a lot of hunting laws that are nonsensical and favor authority. Some wardens apply common sense to such situations; others use it as a bludgeon to look into everything and issue tickets for similarly silly laws. It happens on all levels of law enforcement.


Originally Posted By: bill oxner
I just turned it on . I was looking bird dogs in the butt this morning.


Re: Hunting From The Tailgate [Re: Txduckman] #7247701
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Originally Posted By: Txduckman
Safety??? Guy on our lease has a tailgate that will fall if you step on it. Lol. grin

I would say having guys ride in bed while someone else drives it to stir up birds and guys in back shoot? So they just made a one size fits all law possibly eliminate all hunting from a vehicle and not argue if they were driving birds or not. I was checked up in Grayson and a kid was driving a 4 wheeler stirring up birds. He got a talking too and hunters were pissed at the kid.


Youíre adding what ifís to a scenario that was described explicitly. You canít pull over a car because it might speed later or might have already been speeding. Why can you assume a hunter was hunting from a tailgate and illegally driving birds?

One size fits all laws arenít unique to hunting, but they are just as bad and seem to be more prevalent in hunting than every day life.


Originally Posted By: bill oxner
I just turned it on . I was looking bird dogs in the butt this morning.


Re: Hunting From The Tailgate [Re: Txduckman] #7247706
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"So you canít hunt ducks from a motor boat? You can get a BWI, which carries the same penalty as a DWI, so on those same thoughts you wouldnít be allowed to hunt from a boat. Got to get in that water"

I imagine it's the difference in wording. Part of the regulation specifically states water conveyances and other does not. There could be a difference in definitions between Federal and State law. Dunno, but seems likely.

Re: Hunting From The Tailgate [Re: Txduckman] #7247736
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As Sasser puts it every year, even if the law doesn't make sense, better off following it. Only the feds know the real answer it seems like which was written decades ago I suppose.

https://sportsday.dallasnews.com/other-s...ected-plentiful

Sec 62.003 is the violation they can write tickets for.

https://statutes.capitol.texas.gov/Docs/PW/htm/PW.62.htm#62.003


Re: Hunting From The Tailgate [Re: Txduckman] #7247929
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So what about using a vehicle to 'block off' 'divert' birds to your location?

I think boats/cars/utvs have a tendency to flare birds. So I frequently park my vehicle across the field/pasture/lake or down the shore from where I am hunting as to not scare birds away from my location. But at the same time I realize that the birds typically won't land right next to a boat on the shore or a truck in the field. So technically I am using the vehicle to divert or 'concentrate' birds which is illegal according to the law.

Re: Hunting From The Tailgate [Re: Txduckman] #7247953
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It is unlawful to hunt from or by means of motor-driven vehicles and land conveyances or aircraft of any kind, except paraplegics and single or double amputees of legs may hunt from stationary motor-driven vehicles or land conveyances. It is unlawful to use motor-driven land, water or air conveyances or sailboats to concentrate, drive, rally or stir up any migratory game bird.

I am going to do what I always do. Sit on the tailgate until a bird comes. Then I will stand up (on the ground) and shoot a dove as it flies by. There, all legal!


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Re: Hunting From The Tailgate [Re: Txduckman] #7248653
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I asked TPWD. They replied today so nothing new. I doubt this was ever about possibly sitting on a tailgate and shooting but they can regulate it that way. You can just pop off and shoot and pop back up and no issue anyways.

"Good Afternoon,

It is unlawful to hunt from or by means of motor-driven vehicles and land conveyances or aircraft of any kind except paraplegics and single or double amputees of legs may hunt from stationary motor-driven vehicles or land conveyances. It is unlawful to use motor-driven land, water or air conveyances or sailboats to concentrate, drive, rally or stir up any migratory game bird.

Per that regulation, I would make sure I was not near the tailgate to reduce any confusion from a game warden.

Thank you,
Wildlife Information"

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