I understand the regs to say that you must wear it at all times while hunting. The only exception is when you are in tree stand 12 feet from the ground. I usually wear mine while in the tree stand.

My humble two cents

Had a buddy got a ticket for not having his own walking back to the truck in the dark .

I would think the most important times to wear orange would be walking to and from your stand whethter its legal shooting times or not. That is just common sense. Wearing orange is not to keep from being shot by legal, ethical hunters. It is to prevent being shot by novice and outlaw hunters. Any ethical hunter would not shoot at a target that they could not positively identify as a deer anyway. Getting a ticket would be the least of my worries.

From the book:



HUNTER ORANGE REQUIREMENT FOR HUNTING
All persons hunting any wildlife species (except waterfowl, turkey and mourning dove and while hunting legally designated species during legal nighttime hours) during dates and in areas open by regulation to gun deer season are required to wear an outer garment above the waist with a minimum of 144 square inches of hunter orange or either a full-size hunter orange hat or cap. Hunters are not required to wear hunter orange when hunting from a stand elevated twelve (12) feet or more from the ground, when hunting in an enclosed box stand, when traveling in an enclosed vehicle, or when traveling on foot no more than twenty (20) feet directly between an operating enclosed vehicle and a stand where the hunter is exempt from the hunter orange requirement. The hunter orange must be worn when traveling on foot between an operating enclosed vehicle and exempt stand when the distance is more than a direct distance of twenty (20) feet. A small logo and/or printing is permitted on the front of hunter orange caps; otherwise, hunter orange must be of solid color and visible from any angle. Only hunter orange, commonly called blaze orange or ten-mile cloth, etc., is legal. The various shades of red, as well as camo-orange, are not legal.

220-2-.85 Hunter Orange Requirement for Hunting and
Definition of Open Permit-Public Land

(1) All persons hunting any wildlife species, except turkey and migratory birds (including crows) and while hunting legally designated species during legal nighttime hours during dates and in areas open by regulation to gun deer season, including youth deer season and muzzleloader deer season, are required to wear an outer garment above the waist with a minimum of 144 square inches of hunter orange or either a full size hunter orange hat or cap. Hunters are not required to wear hunter orange when hunting from a stand elevated twelve (12) feet or more from the ground, when hunting in an enclosed box stand, when traveling in an enclosed vehicle, or when traveling on foot no more than twenty feet directly between an operating enclosed vehicle and a stand where the hunter is exempt from the hunter orange requirement. The hunter orange must be worn when traveling on foot between an operating enclosed vehicle and exempt stand when the distance is more than a direct distance of twenty feet. A small logo and/or printing is permitted on the front of hunter orange caps; otherwise, hunter orange must be of solid color and visible from any angle. Only hunter orange, commonly called blaze orange, ten mile cloth, etc., is legal. The various shades of red as well as camo orange are not legal.

Why wouldn't you wear it. If it keeps me from getting shot I'll wear it anytime. Should be common sense. Not law.

MONTIEL, CONCURRING IN PART, DISSENTING IN PART

I concur with the majority's holding in Parts I and III of the opinion. However, I must Dissent from the majority's holding in Part II of the opinion.

"As a general rule, the legislature may delegate to its own appointed administrative agencies the authority to make such minor rules and regulations as are necessary or appropriate for administration or enforcement of its general statutes."

Evers v. Board of Medical Examiners, 516 So.2d 650, 655 (Ala. Civ. App. 1987) (emphasis added). The offense of failure to wear hunter orange, which is a violation of Rule 220-2-.85 of the Conservation Department, constitutes a misdemeanor. The designation of conduct as a criminal offense is not a minor rule or regulation. "The law making power, invested exclusively in the Legislature, cannot be delegated to any other department of the government, or to any other agency, either public or private. . . . Official action cannot be made a rule or regulation merely by calling it a rule or regulation." State v. Vaughan, 30 Ala. App. 201, 203, 4 So. 2d 5 (1941) (holding that a rule made by the conservation department was unconstitutional because the rule accomplished results which could only be enacted by the Legislature). The designation of conduct as a criminal offense can only be done by the Legislature. The majority implicitly recognizes this by stating that "the hunter orange requirement should carry the prestige of a statute" and refers to the rule as a "stretch".

I believe that Rule 220-2-.85 is an unconstitutional usurpation of the power of the legislature. Therefore, I must Dissent.

X2

Oh Lord!! At the risk of sounding like 49er I have to bring up this point. First let me say I wear mine all the time whether in stand walking in or out, etc... But, how can the law make you wear one if you are walking out in the dark or at least past legal sunset? After sunset you are no longer hunting, or at least you shouldn't be. If you aren't hunting then they shouldn't be able to tell you you have to wear it. If they say you are still hunting then you would be guilty of hunting after legal sunset.

"As a general rule, the legislature may delegate to its own appointed administrative agencies the authority to make such minor rules and regulations as are necessary or appropriate for administration or enforcement of its general statutes."

Evers v. Board of Medical Examiners, 516 So.2d 650, 655 (Ala. Civ. App. 1987) (emphasis added).

Why wouldn't you wear it. If it keeps me from getting shot I'll wear it anytime. Should be common sense. Not law.

Probably 20 or so years ago I bought one of those orange camo coverall suits. Dang thing hurt my eyes to wear it, but we were dog hunting and it felt safer. Game warden told me it wasn't legal to depend on just the coverall for my orange requirement, had to wear a cap. Never did make sense to me, you could see the dang thing five miles.....

... an outer garment above the waist with a minimum of 144 square inches of hunter orange or either a full size hunter orange hat or cap.