Federal Hunting Order Could Aid Corner-Crossing Case, Stir Lead Ammo Debate in Montana

An executive order meant to expand hunting and fishing opportunities nationwide could bolster a pending lawsuit over corner crossing in Montana and revive a debate over lead ammunition that many hunters consider settled. Hunting groups say it may also change very little.

The executive order, “Reinvigorating America’s Hunting Heritage,” was signed in September. It directs federal agencies to promote access and opportunity for hunters and anglers across the country, from permitting the use of assistive technology to boosting game populations. It says hunting has declined due to “regulatory overreach, confusing and inconsistent access policies, and heavy-handed restrictions on hunter education and recruitment efforts.”

“Reform of these restrictions is long overdue,” the order states. “It is therefore the policy of my Administration to reinvigorate, protect, and expand America’s hunting heritage to benefit our people and our land.”

But hunters in the state are split on whether the executive order represents a step forward or backward for the community, and if it will have any impact at all — particularly as it calls for both the expansion of access to federal lands and to permit the use of lead ammunition and tackle. 

“The reality is wildlife and wildlife policy is largely dictated by state governance,” said Jake Schwaller, board chair for Montana’s chapter of Backcountry Hunters and Anglers (BHA). “So even with some federal rulings or an executive order like this, it doesn’t have too broad of an effect in Montana, because ultimately those decisions will still come down to the wildlife agencies and state lawmakers.” 

Schwaller said the order’s language on federal land access could help resolve the long-running corner-crossing debate. Corner crossing means moving between two public parcels that touch only at their corners, with private land on the other two sides. “There’s a significant amount of land that is corner-locked in Montana,” Schwaller said. “It’s about 871,00 acres of public land that are currently blocked by a corner, allegedly.”

Montana by Fish, Wildlife and Parks (FWP) has long held that corner crossing is unlawful. 

In 2025, the 10th U.S. Circuit Court of Appeals ruled in favor of four nonresident hunters accused of trespassing for corner crossing in Wyoming, setting precedent in the states covered by that circuit. Montana falls under the 9th Circuit, and FWP did not change its position. 

“Corner crossing remains unlawful in Montana, and Montanans should continue to obtain permission from the adjoined landowners before crossing corners from one piece of public land to another,” said FWP Director Christy Clark in a 2025 press release. “Wardens will continue to report corner crossing cases to local county attorneys to exercise their prosecutorial discretion.” 

On May 14, BHA sued FWP in the Lewis and Clark County District Court challenging the unlawfulness of corner crossing. “Our position is that it’s not illegal and it’s also not legal,” Schwaller said. “It just exists in this grey area.” BHA argues that corner crossing does not constitute trespassing or violate private property rights.

The case is pending, but Schwaller said he is optimistic the order will help, citing its directive to “apply a presumption of accessibility to federally managed lands.” 

“This preliminary language saying there’s a presumption of accessibility helps tip the needle when you’re looking at it persuasively,” Schwaller said. “But ultimately, that’ll still come down to what the state chooses to do.” 

Jim Vashro, President of Flathead Wildlife, welcomed the emphasis on access to hunting on federal lands. “That’s one of the biggest stumbling blocks to recruiting and retaining people who hunt and fish,” Vashro said. 

Vashro was more worried about the order’s treatment of lead ammunition and tackle. Montana has no state ban on lead in hunting and fishing, and the federal ban on lead shot for waterfowl is the only restriction. Hunting groups like BHA and Flathead Wildlife have long encouraged hunters to go non-lead voluntarily. 

“The use of non-lead ammunition or non-lead fishing tackle is largely left up to the choice of the individual to look at where they’re hunting and fishing and whether it’s going to be a problem,” Vashro said. “It has been shown that lead bullets left in gut piles and carcasses do cause lots of problems primarily for raptors and carrion feeders.”

Vashro said he started using copper bullets a decade ago to reduce his exposure to lead, and he has found that most hunters he knows have also switched to non-lead alternatives, even when not required to do so. Initial concerns around higher costs and less accuracy with copper bullets have also leveled out, Vashro said. The executive order, while attempting to undo government overreach, appeared to undermine a shift that is already occurring in the hunting community, and could reverse waterfowl hunting practices that had already long been accepted.

“Waterfowl hunters have made that switch and I’m not aware of many people that are really crying to switch back,” he said. “And if the ban is lifted, we’ll see waterfowl deaths increase, and that is actually counterproductive to hunting opportunity.”

Schwaller echoed concern that the executive order could impact waterfowl hunting, but also expressed caution for an outright ban on lead ammunition and tackle. “We believe that  voluntary is the way to go,” Schwaller said. “Nobody likes being told what to do by the federal government and hunters especially tend to care about the things that they hunt and the ecosystems that they hunt in and they don’t want to cause damage.

For the time being, the series of changes outlined in the executive order are preliminary — a first step directing the secretaries of their respective departments to initiate that change. Both Schwaller and Vashro were cautiously optimistic that the order would follow through in expanding hunting opportunities across the state. 

“This presidential order is a little bit of a mixed bag,” Vashro said. “But we’ll take the good.”

[email protected]