MN: Appeals Court says man who had loaded gun in camouflaged blind was "pursuing" deer
December 23, 2013
MINNEAPOLIS — The Minnesota Court of Appeals ruled Monday that a
man who had a loaded weapon while he was concealed in a deer blind
was "pursuing" deer under state law — and that he needed a hunting
The ruling stems from a 2011 case in which Roger
Schmid was cited in Stearns County for hunting without a license,
after a Department of Natural Resources officer found him sitting on
an all-terrain vehicle in a camouflage deer blind during the hunting
season, armed with a loaded 12-gauge, scoped shotgun.
appealed his conviction, claiming he wasn't "pursuing" deer because
he wasn't directly chasing or tracking game.
But the Appeals
Court disagreed, saying deer hunting involves entering the animal's
habitat, anticipating when a deer will come, and waiting to take a
shot. While the state statute doesn't define the word "pursuing,"
the judges said intentionally intercepting and awaiting prey
constitutes pursuit under state law.
"Pursuit of course can
mean physically chasing, but it would be silly to limit it to that
meaning, especially in the deer-hunting context," Appeals Court
Judge Kevin Ross wrote.
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