# Can You Dove Hunt Off Your Tailgate?



## Hullahopper (May 24, 2004)

What I mean is: Is it legal to pull your truck up under a shade tree, park it, turn the ignition off and listen to your favorite radio station while you sit on the tailgate and shoot the occasional dove that might fly over? Anyone here ever get a frown (or worse) from a GW for doing that?


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## scubiguana (Aug 31, 2006)

i wouldn't think they would give you a hard time. nobody in the cab, engine off, should be ok.


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## PortATrout (Aug 15, 2005)

Not legal. Brother got a ticket about 25 years ago doing exactly that. I think it depends on the warden but according to the rules it is illegal.


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## Main Frame 8 (Mar 16, 2007)

PortATrout said:


> Not legal. Brother got a ticket about 25 years ago doing exactly that. I think it depends on the warden but according to the rules it is illegal.


Unless they have changed, I thought the law was that you cannot shoot any migrating bird from a moving vehicle.


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## Palmetto (Jun 28, 2004)

I would say Legal. Best way to hunt them IMO. Close to the cooler & the stock pile of ammo...LOL.


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## Freshwaterman (May 21, 2004)

It is NOT legal!

It is unlawful to hunt migratory game birds from a vehicle...PERIOD.

The law says nothing about the engine running or where in the vehicle you are sitting. There is no difference in driving around a field then jumping out to shoot a dove as it flies by and sitting on the tailgate waiting for a dove to fly by.
Also, Hunting and Shooting are 2 different things.
Sit on the tailgate then stand up to shoot. You did not shoot from the vehicle but you were hunting from the vehicle.

Hope That Helps!


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## Main Frame 8 (Mar 16, 2007)

*Still not 100% clear IMO*

From TPWD:

*Vehicles:* 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.


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## Svajda (Aug 31, 2004)

Technically you can not be touching the vehicle, you must get off the
tailgate to shoot.

Been there and had that conversation with the GW.


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## coastalgriff (Jul 2, 2005)

We got a warning from a federal warden several years ago for this. He said he'd let it go if we pulled the keys out of the ignition, but that it was a violation to shoot from the vehicle whether we were on the tailgate or in the cab.


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## PortATrout (Aug 15, 2005)

Main Frame 8 said:


> From TPWD:
> 
> *Vehicles:* 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.


Seems crystal clear according to the first sentence. IT IS UNLAWFUL TO HUNT FROM OR BY MEANS OF MOTOR- DRIVEN VEHICLES AND LAND CONVEYANCES OR AIRCRAFT OF ANY KIND


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## Main Frame 8 (Mar 16, 2007)

PortATrout said:


> Seems crystal clear according to the first sentence. IT IS UNLAWFUL TO HUNT FROM OR BY MEANS OF MOTOR- DRIVEN VEHICLES AND LAND CONVEYANCES OR AIRCRAFT OF ANY KIND


I hear ya but one could interpret Motor - Driven as a vehicle that is in motion.

It's 6 of one , 1/2 dozen of the other on interpretation though.


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## BretE (Jan 24, 2008)

I've been huntin doves for over 30 years and on a hot, slow, lazy day I've sat on the tailgate of my Mule backed into a brush line many times waitin on birds and never gave it a thought of being illegal....Thanks for the posts!

Bret


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## Hullahopper (May 24, 2004)

Guess just to be on the safe side I will bring my hunting bucket and sit next to the truck. I was just curious if anyone had actually had an encounter with a GW about this issue.


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## Freshwaterman (May 21, 2004)

Also, if you are huning but then get tired and want to sit on the tailgate, just make sure you gun is unloaded! If that is too difficult then take a chair and set it next to the tailgate.


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## gimp6969 (Feb 20, 2008)

Except paraplegics- I'm good!!!!!!!


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## NBTX (Mar 13, 2008)

I have had this conversation with GW before, it is Illegal. Period. It may seem up for interpretation for us, but it is not for them. Most are cool about it, this one just asked that we hunt away from truck, but many will not be cool. Just don't give them a reason to get you.


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## shanegair (Feb 17, 2005)

Hullahopper said:


> Guess just to be on the safe side *I will bring my hunting bucket and sit next to the truck*. I was just curious if anyone had actually had an encounter with a GW about this issue.


Thats the sure fire way to stay legal and still be close to the Ice Chest.


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## Mr. Breeze (Jan 6, 2005)

???? How do you shoot anything while your asleep???? :rotfl:


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## surfspeck (Jun 7, 2006)

You can hunt dove off your tailgate and the game warden can write you a ticket for it too.


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## catchysumfishy (Jul 19, 2008)

I've had a GW pull up on us several times while we were sitting on our tailgate and just checked our licenses and plugs and said have a good day! But , that being stated, i think that i have alway's stood up off of the tailgate to actually shoot! Maybe he had been watchng from a distance, Who Know's! Good thread, i won't push my luck!


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## joboo (May 21, 2004)

*Quit being lazy*

It's illegal to sit in, on your vehical while hunting doves period (unless exempted). Not worth the ticket nor the hassel IMO.


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## catchysumfishy (Jul 19, 2008)

joboo said:


> It's illegal to sit in, on your vehical while hunting doves period (unless exempted). Not worth the ticket nor the hassel IMO.


10 dash 4 ! won't do it anymore! Not lazy, it has something to do with um 3 deteriorated discs in my back, bone spurs in my neck and lowerback, two knee's that can't be operated on anymore and need to be replaced ! but a good chair will work!


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## CoastalOutfitters (Aug 20, 2004)

the answer is no..........period

been there , seen tickets issued for trucks and 4wheelers

dove and geese

no truck , tractor or an atv ar 4wheeler or a golf cart


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## Stealth19 (Jul 12, 2005)

Glad I saw this. I could see myself shooting off the Ranger tailgate. I'll sit on my bucket next to it.


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## TXPalerider (May 21, 2004)

If the interpretation is accurate....Personally, I'll take my chances. I don't do it often, but, I do it occasionally. I understand if they catch you driving around shooting. But, IMO, sitting on the tailgate with the keys out of the ignition is ridiculous. If a game warden wants to be a "Richard Cranium" about it, I'll pay the fine. Don't get me wrong, I'm all for obeying game laws, but, the GW knows the intent of the law and would have to be operating outside the parameters of that intent to feel compelled to issue a ticket.

Sorry if I disappointed anyone. I just can't stand idiocy!!


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## Encinal (Jan 18, 2008)

Any game warden that issues that ticket should have his badge revoked. I know they have issued it, but it's stupid. Federal wardens tend to be short on rationality. TP&W guys tend to show more common sense.


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## TXDRAKE (Jun 24, 2004)

Went hunting with a big group a couple years ago and at least 7 were issued citations for hunting from a vehicle. They were a couple sitting on the tailgates and three others were just leaning against it and a couple others were sitting on non-running 4 wheelers. Several others were issued citations for no Hunting education cards. A couple of them were actually police officers as well. Ridiculous, yes, but either way they got the tickets. The GW's rode around the entire acerage and checked everybody. These were TP&W fellas and not federal.


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## BretE (Jan 24, 2008)

I agree TXPale, I'd pay the fine as I don't tailgate often but does happen....and with all the time I spend on here I don't remember a game warden responding to something like this on here....anybody ever hear of one on here. I would like to hear his take on this......

Bret


TXPalerider said:


> If the interpretation is accurate....Personally, I'll take my chances. I don't do it often, but, I do it occasionally. I understand if they catch you driving around shooting. But, IMO, sitting on the tailgate with the keys out of the ignition is ridiculous. If a game warden wants to be a "Richard Cranium" about it, I'll pay the fine. Don't get me wrong, I'm all for obeying game laws, but, the GW knows the intent of the law and would have to be operating outside the parameters of that intent to feel compelled to issue a ticket.
> 
> Sorry if I disappointed anyone. I just can't stand idiocy!!


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## willsoonbfishin (Dec 8, 2006)

i'm with you stealth19..........i'll be sitting in my favorite folding chair right next to the the truck on the shaded side i might add.


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## Ducksmasher (Jul 21, 2005)

a "motor-driven vehicle" is a vehicle that derives its propulsion from a motor. It cant be any clearer than that. A motor is a device supplied with external energy that is converted into force and/or motion. That is what is under the hood of your truck! WOW! and, a truck is a vehicle! I understand it now!


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## t-tung (Nov 13, 2005)

"can't hunt migratory game birds from a motor driven vehicle" blah blah blah. what do u call hunting ducks from a boat blind?

from Webster's: 
Main Entry:ve·hi·cle  Pronunciation: \ˈvē-ə-kəl _also_ ˈvē-ˌhi-kəl\ Function:_noun_ Etymology:French _véhicule,_ from Latin _vehiculum_ carriage, conveyance, from _vehere_ to carry - more at wayDate:1612 
1 a*:* an inert medium (as a syrup) in which a medicinally active agent is administered b*:* any of various media acting usually as solvents, carriers, or binders for active ingredients or pigments
*2**: an agent of transmission : carrier*
3*:* a medium through which something is expressed, achieved, or displayed <an investment _vehicle_>; _especially_ *:* a work created especially to display the talents of a particular performer
*4**: a means of carrying or transporting something <planes, trains, and other vehicles>: as a: motor vehicle b**: a piece of mechanized equipment

* 

a boat is a vehicle... i'll take my chances. it can't be moving _i.e. boat has to be anchored, truck turned off not being operated. _No disrespect but Game Wardens are not lawyers, nor am I, so their "interpretation" of the law is just as useless as ours in a court of law.
I don't hunt from a tailgate. i drink beer on a tailgate and stand up when i feel like hunting.

show me one person cited for hunting from a boat blind, WHILE IT WAS ANCHORED, and I'll buy them a case of Lonestar.


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## t-tung (Nov 13, 2005)

and to thwart off the " Just because they don't doesn't mean you're right" guys out their, a truck sitting in a pasture, turned off, with no one operating it, is no longer a motor driven vehicle. it is a 3,500lb hunk of metal, plastic and rubber with Z-71 on the side you are using as a blind. if the key is out, it is no longer motor driven. it is stagnant, possibly even permanent. who's to say u weren't just going to leave it indefinitely? 
let me elaborate... when is a truck no longer motor driven? is it when u take the whole motor out? can you get in a truck with no motor and leave in it? nope. what about if you just take the intake manifold off the motor? is it still motor driven? can u just hop in the driver's seat and take off? probably not, so is it still motor driven? Okay, so what if you just disconnect the battery? can u get in and go? no. is it still motor driven then? i don't think so. So if you turn the truck off and destroy the key (or put them in your pocket), what is your truck?? a sitting hunk of metal and plastic. sure u can operate it without the key in the ignition, hook up some straps and pull it or get behind it and push it, but it's not a motor driven vehicle any more.

again, I am no lawyer, nor do i condone hunting from your tailgate, but this could be fought and won.


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## Too Tall (May 21, 2004)

t-tung said:


> "can't hunt migratory game birds from a motor driven vehicle" blah blah blah. what do u call hunting ducks from a boat blind?
> 
> from Webster's:
> Main Entry:ve·hi·cle  Pronunciation: \ˈvē-ə-kəl _also_ ˈvē-ˌhi-kəl\ Function:_noun_ Etymology:French _véhicule,_ from Latin _vehiculum_ carriage, conveyance, from _vehere_ to carry - more at wayDate:1612
> ...


There is a reason why the GW's don't ticket people duck hunting from boats and suprisingly enough it is spelled out in the rule book. The law is pretty clear on the subject.


> Legal Methods Animals and game birds not classified as migratory may be hunted from a motor vehicle, powerboat, sailboat, or from any other floating device within the boundaries of private property or upon private water. Migratory game birds under certain circumstances may be hunted from a boat on public water. See the migratory game bird section for the exceptions (pg. 69, Lawful Hunting Means and Methods). page 55





> Lawful Hunting Means and Methods: Shotguns, archery equipment (except crossbows), falconry, dogs, artificial decoys, and manual or mouth-operated bird calls are lawful. Hunting is permitted in the open or from a blind or other type of concealment or from floating craft or boat provided that all motion resulting from sail or motor has ceased. Sails must be furled and motor turned off before shooting starts. A "sinkbox" is unlawful (see definition, above). Page 69





> Vehicles: 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. Page 70


TPWD Rulebook


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## t-tung (Nov 13, 2005)

Furthermore:

*Lawful Hunting Means and Methods:* Shotguns, archery equipment (except crossbows), falconry, dogs, artificial decoys, and manual or mouth-operated bird calls are lawful*. **Hunting is permitted* in the open or from a blind or other type of concealment or from floating craft or boat *provided that all motion resulting from* sail or *motor has ceased.* Sails must be furled and *motor turned off before shooting starts.* A "sinkbox" (see definition) is unlawful.

This is not listed under "waterfowl," but migratory game birds, including dove.
Anyone that has hunted dove can make the arguement that a 3/4 truck is a blind. It doesnt matter where you're walking or hunkered down, dove ALWAYS FLY RIGHT OVER THE TOP OF THE F*CKIN TRUCK. anyways i'm starting to sober up so i'm going to bed...


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## deadeye68 (Jan 19, 2007)

Splitting hairs with the GW doesn't seem like a good idea to me. With the slightest amount of effort reach in the back of the truck remove your chair, and set it up beside the vehicle. You still have all your stuff right there with you and your are without question or hassle in compliance with the rules. Seems easy enough to me.


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## Blue Water Breaux (Feb 6, 2008)

I hunt from the back of my 77 K5 Blazer. Its camo with a nice lift on it so i can see better out of it while im in the back hunting. no keys in the ignition? hmm. Its even painted camo-guess i'll be in trouble. what about the guys who have the elevated racks in their trucks like i do used for hunting. does this count or not. i dont know the answer so im chiming in for an educated, non sarcastic reply. thanks.


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## Grande Venado (Aug 11, 2005)

Don't do it. I got warned for just sitting in the top drive while the guys were hunting dove around me.


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## wet dreams (May 21, 2004)

If I were ticketed for this BS I would see him in County court and let a jury of my peers decide...simple as that. I would not lay down, the law was not wrote for the GWs to enforce like this, IMO its kida like the other side using a loophole. There are other 'gray areas' I would also chalenge if it came down to it...WW


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## wet dreams (May 21, 2004)

Yea what about hunting off a 'top drive'?????WW


Grande Venado said:


> Don't do it. I got warned for just sitting in the top drive while the guys were hunting dove around me.


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## Blue Water Breaux (Feb 6, 2008)

so i guess i cannot play comboys and indians with pigs on my horses or 4 wheeler. 
The Duke would NOT approve of all this malarky!


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## CoastalOutfitters (Aug 20, 2004)

we are talking about *migratory game birds* here, the rest is legal as long as the regular laws are followed.


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## Aggieangler (May 28, 2004)

I think it comes down to the Warden. I have seen real green wardens in South Texas on opening day ticket folks for all kinds of stupidity. Granted, most were in the wrong, and they deserved it, but then again, I doubt a 20 year veteran warden would have ticketed them so stringently. I don't hunt from the truck usually, but I will park it close by from time to time. I usually stay away from it until time to clean birds and empty beer cans once the shooting is over.

If you are a hunting without hunters ed and you require it, you deserve what you get. Either you cannot read, or are too lazy to follow the laws. Call it what you will, but to me, that's just plain stupid!


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## TXPalerider (May 21, 2004)

wet dreams said:


> If I were ticketed for this BS I would see him in County court and let a jury of my peers decide...simple as that. I would not lay down, the law was not wrote for the GWs to enforce like this, IMO its kida like the other side using a loophole. There are other 'gray areas' I would also chalenge if it came down to it...WW


We can debate the semantics and finer points of this all we want.

What wet dreams said, is pretty much my point.

I realize I can set a stool next to the truck. But, sometimes my stool is in the field and I just walk back for a quick rest and a drink.

Don't get me wrong, I'm not advocating blatant disrespect for the law. I'm just saying...if my truck is parked with the keys out of the ignition, it in NO way offers me an advantage for killing doves. And, there is no intent to gain an advantage on the doves by sitting on the tailgate. If a GW wants to be a preek and sit with his binoculars and wait for me to rest on my tailgate, then rush over to give me a ticket based on a technicality....I'll take the ticket. Then I will debate the issue with him and the judge in court. Not only will I debate the "spirit/intent" of the law. I will also call into question the GW ineffective use of his time and the waste of my tax dollars.

Any GW that would waste his time on some BS like this, just to harrass otherwise law abiding citizens, needs to find another line of work. And, to that end, should be helped along that path by his superiors.

Fortunately, I believe the overwhelming majority of GW's in the State of Texas are very dedicated, reasonable people, and this would not be an issue with the bulk of them.


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## deadeye68 (Jan 19, 2007)

TXPalerider, if I was that GW sitting off in the distance watching you, I would not rush over and write you up under those circumstances. If I pulled up to my perch off in the distance and I see a hunter sitting on his tailgate with his shotgun in his lap, staring at the sky and following the flight of the incoming doves it would appear to me as if this hunter was hunting from his vehicle. Otherwise the GW would be making assumptions that I would certainly argue. In the 40 or so years that I have hunted, I have only come across a couple of GW's that were "preeks" and would cite you for anything, but as you said the vast majority are reasonable, fair minded people and can see what you are doing without having to ask.


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## Ckill (Mar 9, 2007)

A GW can pull in to just about any camp and give you a ticket for something. There are so many ghay laws because 'someone' cried and moaned about it enough. We can't even take a leak with out wondering of its legal anymore. pathetic.


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## Too Tall (May 21, 2004)

CoastalOutfitters said:


> we are talking about *migratory game birds* here, the rest is legal as long as the regular laws are followed.


Bingo. You cannot hunt MIGRATORY GAME BIRDS from a vehicle. Chase all the pigs you want from one though.


> Legal Methods Animals and game birds *not classified as migratory *may be hunted from a motor vehicle, powerboat, sailboat, or from any other floating device within the boundaries of private property or upon private water. Migratory game birds under certain circumstances may be hunted from a boat on public water. See the migratory game bird section for the exceptions (pg. 69, Lawful Hunting Means and Methods). page 55
> Quote:


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## Levelwind (Apr 15, 2005)

Good luck with your protest, then Palerider. For your info, the texas law is copied verbatim out of CFR title 50. 

I have bashed law enforcement, especially Federal jerk-offs, on this board a lot.
Mostly for bullying and intimidating people who are not breaking any law. 

But when the law says "you cannot do this" and you insist on "doing that" that is called being a scofflaw and many LEOs and judges, state and fed, have a special place in their heart for scofflaws. 
If you ever ARE confronted in the act, you'd be well advised to plead ignorance - telling them how stupid the law is might well get you a citation for breaking Texas law, civil restitution for any birds you have shot, and a seperate ticket for violation of federal regulations. Not to mention if you really get them worked up they may start confiscating things. 

Hey I shoot off my four wheeler AND the tailgate of my truck - I'm not being holy on you, just my opinion on the "stupid law" defense. Blame it on the twinkies - anything but that.


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## Main Frame 8 (Mar 16, 2007)

TXPalerider said:


> We can debate the semantics and finer points of this all we want.
> 
> What wet dreams said, is pretty much my point.
> 
> ...


Amen!


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## Lat22 (Apr 7, 2005)

Wow! I'm not sure I've harvested a legal dove in the last several years. Looks like I'll be investing in a stool or comfy lawn chair. I need the ice chest nearby to stay, ahem, hydrated.


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## Palmetto (Jun 28, 2004)

catchysumfishy said:


> ..... i think that i have alway's stood up off of the tailgate to actually shoot! .....


Thats because it takes real skill to be able to lean waayyy back with your feet up in the air and bring down a dove peeling across the sky!! Anybody can just jump off the tail gate and shoot flat footed....LOL, but where is the skill in that?



TXPalerider said:


> Don't get me wrong, I'm not advocating blatant disrespect for the law. I'm just saying...if my truck is parked with the keys out of the ignition, it in NO way offers me an advantage for killing doves. And, there is no intent to gain an advantage on the doves by sitting on the tailgate. If a GW wants to be a preek and sit with his binoculars and wait for me to rest on my tailgate, then rush over to give me a ticket based on a technicality....I'll take the ticket. Then I will debate the issue with him and the judge in court. Not only will I debate the "spirit/intent" of the law. I will also call into question the GW ineffective use of his time and the waste of my tax dollars.


*Blue your my boy!!!* That's what I'm talking about Brado! My sediments exactly.


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## "Reddrum" (Dec 15, 2005)

TXPalerider said:


> We can debate the semantics and finer points of this all we want.
> 
> What wet dreams said, is pretty much my point.
> 
> ...


I have to agree. By the letter of the law if you're sitting on the tailgate huntting dove you're breaking the law and you COULD get a ticket for it - but it's completely up to the discretion of the GW. For dove hunting the intent of this law is to prevent some moron from driving through a sunflower field and shooting doves as they spook. It is not designed to prevent grandpa and his grandson from parking the truck near a stock tank, sitting on the tailgate and popping a few dove.

Again by the letter of the law grandpa would get a ticket - but this is why GW's and police offices are allowed to use their discretion. Unless you are belligerent or there are other offenses involved your chances of getting ticketed just for this are pretty low as long as you are courteous and respectful.


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## daddyeaux (Nov 18, 2007)

If I was you I would call the Texas Parks and Wildlife office for an official ruling and ask for the publication to back it up. Most game wardens I have talked to don't know the laws any better than we do. Some are just idiots.......talk to 5 game wardens and you will get 5 different answers........


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