Ask a CO: Using a confidence decoy

[MeghanOOD]

https://oodmag.com/ask-a-co-confidence-decoy/

A reader asks if it is permitted to use a confidence decoy (such as a turkey) while hunting for deer during the deer season.

[sabmgb]

that answer seems to be a grey area. How do you prove you are not hunting turkey. when you are hunting deer you or at least me have pretty much the same gear.

[trimmer21]

Bearing in mind that this is a reverse onus section of the FWCA where hunters must provide "evidence to the contrary", it would be extremely difficult for hunters to prove they weren't hunting Turkey. Technically,it may be legal,but,once we get to Court,I wouldn't take the chance of a sympathetic JP or Judge. There's a lot more to lose than gain by tweaking the nose of the law.

[Gilroy]

Bearing in mind that this is a reverse onus section of the FWCA where hunters must provide "evidence to the contrary", it would be extremely difficult for hunters to prove they weren't hunting Turkey. Technically,it may be legal,but,once we get to Court,I wouldn't take the chance of a sympathetic JP or Judge. There's a lot more to lose than gain by tweaking the nose of the law.

Well I guess my first clue would be what type of firearm do you have in your possession and what type of ammunition. Do you have a deer license for the area or turkey or both. Calls in your possession.

In my area turkeys for instance are pretty well none existent, the Crown would have a hard time proving they exist where I hunt.

[werner.reiche]

While the CO's answer is technically correct - it's very bad advice. If you want to use a decoy, why not a deer decoy. I don't know how you prove you are deer hunting...Even if you had a rifle, deer license and deer call. All that means is he could ticket you for turkey hunting out of season, turkey hunting without a license and turkey hunting with a rifle. If you're going to rely on a CO or a judge to have the good judgement to see that you're deer hunting, you're more of a risk taker than I am.

[brent]

that answer seems to be a grey area. How do you prove you are not hunting turkey. when you are hunting deer you or at least me have pretty much the same gear.

Type of firearm,
type of bullet,
type shot shells,
no turkey tag,
blaze orange,
no turkey calls,
deer hunting gear,
tree stand,
presence of bait,

it is not hard to provide evidence to the contrary.

No JP would ever convict based on using a turkey decoy for confidence with no other evidence...