Important Shining Law Update Especially for Deer Hunters

Attorney Ted Buselmeier here with an important update for sportsmen and particularly deer hunters on the new shining laws, also known as “spotlighting”. The short version is that you can now only shine for two hours after sunset, not onto “fenced agricultural land”, must be completely unarmed, along with some additional nuances. Read on to learn exactly what that means.

What is Spotlighting or Shining?

Shining or spotlighting is when a person shines a light upon “field, woodland,​or forest, to spot, locate, or take a wild animal while having in possession, either individually or as one of​ a group of persons, a firearm, bow, or other implement that could be used to take big game, small game, or​unprotected wild animals.”. Minn. Stat. §97B.081. This method is used frequently for deer hunters to scout for deer.

The old law allowed for spotlighting from sunset till 10:00 PM and that was throughout September 1st until December 31st of each year and for the remainder of the year there was no restriction on when to spotlight. As to how, the old law allowed for a person to carry a weapon used to take animals with them as long as the weapon was unloaded and cased. There were some concerns with this old law, such as people concerned about the weapons possession part of the law because it could be used as a defense for poachers just to shine deer and shoot them (since they could have a weapon with them, albeit cased and unloaded). As you may be aware, deer tend to freeze in their tracks when they’re getting a light shined upon them, which allows a poacher to more easily shoot them and in the guise of the night as well. The other concern was just simply that people were sometimes being inconsiderate and not using common sense and shining these lights into the house windows or around the yard of the house, or alarming livestock; which of course should never be done, regardless of the law.

The new law restricts the shining upon the fields all year long and we’re only allowed to do so between the hours of sunset and two hours after sunset. The new law also requires that absolutely no weapons that could be used to take animals be possessed while shining on the fields; so you can’t put it in the trunk, you can’t have it unloaded and cased, you simply can’t have it with you whatsoever when you’re shining. The new law prohibits shining onto residential property or building sites and, get this, even onto “fenced, agricultural land”. Ouch! That last one is a kick in the teeth to scouting hunters! Here’s why…

What is “Agricultural Land”?

It is land that is plowed or tilled, that has standing crops or crop residue, within a maintained fence for enclosing domestic livestock, that is planted native or introduced grassland or hay land, or that is planted to short rotation woody crops. Minn. Stat. §97B.001, Subd. 1. “Short rotation woody crops” or “crop” means hybrid poplar and other woody plants that are harvested for their fiber within 15 years of planting. Minn. Stat. §41B.048, Subd. 4. So long as the agricultural land is fenced, it’s off limits to shining entirely! What does that leave left to shine? Not much!

What Exactly Does “Fenced” Mean?

What about a shining a wooded area (no livestock) that is entirely fenced in along with an agricultural field – can you shine the wooded area? I reached out to the MN DNR conservation officer Greg Salo and was told that they would not enforce the shining in such a scenario. What about a partially fenced “agricultural land”? Well, Officer Greg Salo said they would consider a partially fenced agricultural land as “fenced” and would enforce shining in that scenario.

We’ll see how the courts interpret these definitions, but I would suggest following these directives from the DNR to stay on the safe side and avoid a ticket.

My Suggested Protocol: If you intend to shine for scouting, I suggest you leave your weapons at home or in another safe location while shining. Maybe record that or have a witness see you do that because if you get pulled over when you’re done shining but after retrieving your weapon, and it’s in your possession, well, you might not be able to prove otherwise. That, and follow the other restrictions of the new law.

Retrieval Exception: One noteworthy exception to this new law is a retrieval exception. If you have wounded or injured a deer, you can shine with a handheld artificial light to retrieve deer, provided ​that you are 1) on foot and 2) not in possession of a firearm or bow, including tracking with a dog provided the other dog tracking rules are followed. Dog tracking is not allowed for tracking animals other than deer. And, of course, you still want to be considerate and don’t shine it upon the yards or the houses. Also, you can still use rangefinders from one-half hour before sunrise until one-half hour after​sunset while lawfully hunting wild animals.

I suggest that we all follow the new law and stay considerate. Although the “fenced agricultural land” restriction is onerous, at least it still allows for plenty of time for scouting deer after sunset. Let your friends know because for many, many years everyone has been under the impression that it’s till 10:00 PM with an uncased and unloaded weapon. These are big changes so let’s get everyone updated. Stay safe out there and avoid a ticket!

Read on to learn about other exceptions related to hunting fox, coyote, racoon, bear, tending traps, other outdoor recreation, and other miscellaneous exceptions…

Other Exceptions

Bear hunting: It is not a violation of the law for a licensed bear hunter to cast the rays of a handheld artificial ​light (artificial light that is carried in​ the hand or attached to the person) to track or retrieve a wounded or dead bear while possessing a firearm, if the person:

1. has the person’s valid bear-hunting license in possession;
2. is on foot; and​
3. is following the blood trail of a bear that was shot during legal shooting hours;
4. Also, for tracking with a dog, provided the dog tracking rules of Minn. Stat. §97B.207 are followed and a “handheld artificial ​light” is used.

Raccoons: It is not a violation of the law to take raccoons between one-half hour after sunset and one-half hour before sunrise, provided a person:

1. must be on foot;
2. may use an artificial light only if hunting with dogs;
3. may use a handgun or rifle capable of firing only rimfire cartridges of .17 or .22 caliber, including .22 magnum; and
4. may not use shotgun shells with larger diameter of shot than No. 4 shot.

Minn. Stat. §97B.081, Subd. 3; Minn. Stat. § 97B.621, Subd. 3.

Fox or Coyote: It is not a violation of the law to hunt fox or coyote from January 1 to March 15 while using a handheld artificial light, provided that​ the person is:

1. On foot;
2. using a shotgun;​
3. not within a public road right-of-way;​
4. using a handheld or electronic calling device; and
5. not within 200 feet of a motor vehicle.

Minn. Stat. §97B.081, Subd. 3(a)(2)

Tending Traps:  A person can use a portable artificial light so long as the other rules are followed: A person may not tend a trap set for wild animals between 10:00 p.m. and 5:00 a.m. Between 5:00 a.m. and 10:00 p.m. a person on foot may use a portable artificial light to tend traps. While using a light in the field, the person may not possess or use a firearm other than a handgun or rifle capable of firing only rimfire cartridges of .17 or .22 caliber including .22 magnum. A body-gripping, conibear-type trap need not be tended more frequently than once every third calendar day. Minn. Stat. §97B.081, Subd. 3 (1); Minn. Stat. §97B.931.

Outdoor Recreation: It is not illegal for a person to cast the rays of a spotlight, headlight, or other​artificial light to carry out outdoor recreation (fishing, boating, hiking, camping, and engaging in winter sports, which is conducted primarily for the purposes of pleasure, rest, or relaxation and is dependent upon or derives its principal benefit from natural surroundings) that is not related to spotting, locating,​or taking a wild animal.​ Minn. Stat. §97B.081, Subd. 3 (b)(2); Minn. Stat. §97B.001, Subd. 1a.

Miscellaneous: It is not illegal for a person to cast the rays of a spotlight, headlight, or other​artificial light to carry out any agricultural, safety, emergency response, normal vehicle operation, or occupation-related​activities that do not involve taking wild animals. Minn. Stat. §97B.081, Subd. 3 (b)(1);

Again, stay legal, stay safe, and avoid a ticket! The author, Ted Buselmeier is a licensed attorney with Buselmeier Law Firm, PA and an avid hunter. To learn more give me a buzz at 763-682-1324.

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