In the United States, regulation of hunting is primarily performed by state law; additional regulations are imposed through Federal
environmental law regarding
migratory birds (such as ducks and geese) and
endangered species. Like many licenses, a hunting license is considered a
privilege granted by the
government, rather than a
constitutional right under the
Second Amendment. As a general rule, unprotected
pest species are
not subject to a hunting license.
Vermin may be hunted without a license, or may even be the subject of a
bounty paid to the hunter. A Federal law, the
Airborne Hunting Act (AHA), was passed in 1971 with the goal of eliminating
aerial hunting, that is, shooting wildlife from planes or helicopters.
State licenses Each state has different standards and
paperwork requirements for getting a hunting license. These include the areas, time periods,
harvesting techniques, distinctions between species, and a hunting
safety course. Licenses to hunt typically go on sale once a year. Some states, such as
New York, allow only during a defined single season, or for a lifetime during such seasons for residents of the state, upon payment of the appropriate fees. As a general rule, hunting licenses are non-transferable, are a privilege (not a right), and does not allow
trespass on private land. Hunting
big game typically requires a
tag for each animal harvested. Tags must be purchased in addition to the hunting license, and the number of tags issued to an individual is typically limited. In cases where there are more prospective hunters than the quota for that species, tags are usually assigned by lottery. Tags may be further restricted to a specific area or
wildlife management unit. In Florida, a "permit" for a "regulated hunt" was approved effective September 1, 2025, for the first
Black bear hunt season since 2015. The first season will be from December 6 through 28, 2025, which "will allow up to 187 bears to be 'harvested'." States with these "tags" include Alaska, California, Florida, Georgia, Illinois, Louisiana, New York, Ohio, Tennessee, Texas, and Virginia. 49 of the 50 states require a prospective big game hunter take a several-hour course about safety, often termed
sportsman education or "hunter's safety course" in the case of California. Such
jurisdictions also may limit getting a hunting license to adults or may grant a "
junior" license for persons as young as twelve years of age. Several United States and Canadian provinces have joined in an
Interstate Wildlife Violator Compact (IWVC) to control
interstate hunting and to punish violators of differing laws.
Federal licenses Federal law requires the purchase of a
duck stamp in order to shoot migratory waterfowl. They are regulated by the U.S.
Fish and Wildlife Service. United States law also mandates strict limits on the hunting ("taking") of
endangered species. The U.S. is a signatory to the
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The
Bush Administration proposed lifting some restrictions in 2005 (for
antelopes), as did the
Norwegian Government (for
wolves) in the same year.
Exemptions Both Federal and state laws exempt the following: • Pest species, as noted above, such as rodents. There is a false
urban legend that a hunting license is required to trap mice. •
Native Americans based on Native American treaties; some states require residency on a
Native American reservation. The
Supreme Court of the United States held in
Menominee Tribe v. United States that Congress must affirmatively take away Native Americans' hunting rights; otherwise, Native Americans are
presumed to have such rights and do not require hunting licenses. Some states have made treaties that specifically allow Native Americans to fish and hunt without permits or licenses; for example,
1666 Articles of Peace and Amity. • Specific statutes, such as the
Marine Mammal Protection Act and eagle feather laws (see below). •
Alaskan Natives. • Active service members of the military, who often get free licenses. However, in
District of Columbia v. Heller, the Court declined to examine the broader issues, leaving state hunting licenses valid and in force. The current law is unclear as to what standard of review would apply, but the
rational basis or
arbitrary and capricious tests are the most likely standards. Under either standard, most hunting license regimes in the United States would likely pass muster, due to the need to conserve natural resources, to enforce the police power, and to raise revenue, all valid purposes of such laws.
Public policy arguments Most major conservation organizations in the US favor the continued legality and regulation of hunting, including
Ducks Unlimited, the
National Wildlife Federation, and
The Wilderness Society. The
Defenders of Wildlife, also support licenses for regulated hunting of wildlife. The
Sierra Club supports hunting licenses, but there has been tension in the group for two decades between those who want to ally with hunters and to regulate them, and those opposed to hunting altogether. The
American Humane Association and the
People for the Ethical Treatment of Animals are opposed to hunting, and would ban the practice rather than regulating it. == Argentina ==