Originally Posted By: BhamFred
First rule Leroy....do not rely on the "digest" for info on laws/regs. Go to the real laws/regs....

I've never heard of anyone getting a ticket for hunting near an established "salt" lick that had Di-Cal/minerals/salt in it. Technically it would be illegal but I would see no problem with a watered-in lick.

A lick in Nov/DecJan fails to meet the definition of bait because it is not an attractant to deer in those months.

I never did write any bait tickets for hunting over a red mineral block in the years I worked.

Now a "molasses/corn" block was a different story, I wrote tickets for them if near the stand.

Eddie will disagree with most of what I've said...

troy


I agree with a lot of what you said, but I also know that another game warden may come to a different conclusion. Laws that leave game wardens without clearly defined standards to enforce the law do not give fair notice to hunters who are supposed to be able to determine what is expected of them from the language of the law or rule without reliance on an enforcement officer's interpretation.


Quote:
The United States Supreme Court has stated the following about the void for vagueness challenge:

"It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined. Vague laws offend several important values. First, because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning. Second, if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application. Third, but related, where a vague statute `abut[s] upon sensitive areas of basic First Amendment freedoms,' it `operates to inhibit the exercise of [those] freedoms.' Uncertain meanings inevitably lead citizens to `"steer far wider of the unlawful zone" ... than if the boundaries of the forbidden areas where clearly marked.'"
Grayned v. City of Rockford, 408 U.S. 104, 108-09, 92 S.Ct. 2294, 2298-99, 33 L.Ed.2d 222 (1972), quoting, in part, Baggett v. Bullitt, 377 U.S. 360, 372, 84 S.Ct. 1316, 1323, 12 L.Ed.2d 377 (1964). See also United States v. Harriss, 347 U.S. 612, 617-18, 74 S.Ct. 808, 812, 98 L.Ed. 989 (1954). To withstand a challenge of vagueness, a statute must: 1) give a person of ordinary intelligence a reasonable opportunity to know what is prohibited, and, 2) provide explicit standards to those who apply the laws. Grayned.
(emphasis added)
Culbreath v. State, 667 So. 2d 156 - Ala: Court of Criminal Appeals 1995

If leroyb is a person of ordinary intelligence, as I assume that he is, why does he need to ask these questions about what is required of him? The courts say he shouldn't have to ask if he has read the law and the rules.