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69 members (Shane99, jdstephen44, mdavis, CarbonClimber1, Mulcher, Tall Dog, GATA87, BearBranch, WoodleyRoadDeer, TensawRiver, NoHuntin, BrandonClark, roll_tide_hunts, Calvin, auman, Ol’Tom, J_Martin, 7x57_Mauser, Jstocks, kodiak06, jprice, Bulls eye, Morris, Turkey Petter, CatfishJunkie, Ryano, Young20, canvasback, BigA47, 3blades, Weedpicker, furnfeather, Daveleeal, globe, CrappieMan, Recovered, Stickers, twaldrop4, Ray_Coon, CNC, JA, Otiscat13, BamaFan64, AJones, NotsoBright, johnv, sawdust, HDS64, sw1002, 1bamashooter, cartervj, janiemae, Thread Killer, Ron A., Alb, gog1015, tombo51, Cynical, desertdog, Mack1, Cjunkin, hgmike, jeffhhub, Ruger7mag, BCLC, 4 invisible),
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Key:
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Joined: Aug 2010
Posts: 1,982
8 point
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8 point
Joined: Aug 2010
Posts: 1,982 |
Good to know about the reg/law #, never thought about that.
Where I was was at a public area that goes down to the river with parking on each side of the road for this particular reason. I walked right off of the road down into the river. I was not walking around through a clear cut or where anyone SHOULD be hunting. I know about the idgets, which is why I wont deer hunt on a WMA.
Even if I were to have been shooting ducks down there I wouldn't see where orange would have been required. Deer hunting I understand completely.
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Joined: Jul 2005
Posts: 19,319
Old Mossy Horns
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Old Mossy Horns
Joined: Jul 2005
Posts: 19,319 |
Appeal it!
I know one good attorney in Bay Minnette.
Allan R. Chason
Chason & Chason, P.C.
P. O. Box 100
300 D'Olive Street
Bay Minette, Alabama 36507
251-937-2191
"The grass withers, the flower fades, But the word of our God stands forever." Isaiah 40:8
"Neither the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt.� Samuel Adams
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Joined: Dec 2001
Posts: 15,170
Old Mossy Horns
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Old Mossy Horns
Joined: Dec 2001
Posts: 15,170 |
NOT TRUE. Wardens don't have a quota either, a set number of cases, or contacts, they have to make a month/quarter/year. State Troopers have a quota on number of contacts per shift, but just about any contact with a driver(wreck, warning, ticket, etc) is a contact.
GWs are paid a set amount each two weeks for working and only added overtime pay will increase the pay.
troy And the last time they authroized any overtime for wardens was about 1989, if I recall correctly...
Last edited by bamachem; 02/03/11 03:23 PM.
MOLON LABE
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Joined: Oct 2010
Posts: 2,885
10 point
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10 point
Joined: Oct 2010
Posts: 2,885 |
Like doekiller said, appeal it and request a jury trial.
"Its a damn weak minded person who can only think of one way to spell a work." Andrew Jackson
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Joined: Nov 2004
Posts: 12,788
Booner
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Booner
Joined: Nov 2004
Posts: 12,788 |
On the WMA rules it states that you are required to wear Hunter's Orange while pursuing any animal (hunting), including samll game, on days of Gun Deer hunts.
But, Troy might can correct me again if I'm wrong! LOL
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Joined: Oct 2006
Posts: 8,246 Likes: 1
14 point
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14 point
Joined: Oct 2006
Posts: 8,246 Likes: 1 |
I've only had a couple experiences with GWs in Alabama and they were all pretty good. They would make a stop by our camp in Macon county about once a year. Pretty much checked the license, made sure everyone had their orange on, and asked about the gun (never even checked it - I don't know if it would have really mattered if it was loaded or not since we were at the camp and not on a state or county maintained road) - not overly friendly, but considerate.
I'm not aware of them ever writing a ticket at or on our club. They did smack several of our members for hunting over a baited field during dove season (field was not on our property, but a member's piece of land - up the road a mile or so - and yes it was baited by the land owner, unfortunately most didn't know they were hunting a baited field).
A good friend of mine was a GW in Montgomery and then Coosa county - he and I talked a lot about fines and stuff like that. His thoughts were - if you broke the law - you were getting a ticket, no ifs ands or butts.
"The struggle you're in today, is developing the strength you need for tomorrow."
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
Hunting-231, A good friend of mine was a GW in Montgomery and then Coosa county - he and I talked a lot about fines and stuff like that. His thoughts were - if you broke the law - you were getting a ticket, no ifs ands or butts. I wonder if he ever arrested any CAB members or DCNR bosses, no ifs ands or butts? I've never, in 50 years of hunting seen the game and fish laws and regulations published together in pamplet form for general distribution to the public. That's a direct violation of a game and fish law... no ifs ands or butts. Section 9-1-4
Penalty for violation.
Unless otherwise provided, a violation of any of the provisions of this title or any rule or regulation of the Department of Conservation and Natural Resources or approved by the Advisory Board of Conservation and Natural Resources shall be a Class C misdemeanor.
(Code 1923, §§5112, 5120; Acts 1932, Ex. Sess., No. 212, p. 214; Code 1940, T. 8, §13; 2008-384, p. 714, §1.)
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Joined: Feb 2008
Posts: 3,263
10 point
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10 point
Joined: Feb 2008
Posts: 3,263 |
All railroad tracks are considered private property of CSX or whichever company. I do not know how far the right of way is though.
I have rarely seen it enforced though. Most of the time the conductor or engineer will call someone in.
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Joined: Sep 2004
Posts: 37,027
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 37,027 |
NOT TRUE. Wardens don't have a quota either, a set number of cases, or contacts, they have to make a month/quarter/year. State Troopers have a quota on number of contacts per shift, but just about any contact with a driver(wreck, warning, ticket, etc) is a contact.
GWs are paid a set amount each two weeks for working and only added overtime pay will increase the pay.
troy And the last time they authroized any overtime for wardens was about 1989, if I recall correctly... you recall INCORRECTLY..... I worked overtime in 2003, they(DCNR) had overtime in 2004, and, I think< 2005. I retired 2005 so I have no knowledge of after that date. and we didn't work any overtime in 1989 or until 2003...... troy
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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Joined: Sep 2004
Posts: 37,027
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 37,027 |
On the WMA rules it states that you are required to wear Hunter's Orange while pursuing any animal (hunting), including samll game, on days of Gun Deer hunts.
But, Troy might can correct me again if I'm wrong! LOL yer correct......but some don't allow small game hunting on days of gun deer hunts...
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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Joined: Dec 2006
Posts: 5,027
12 point
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12 point
Joined: Dec 2006
Posts: 5,027 |
Most courts/judges will convict without a shot being taken, law says "hunting or discharging"..
I'm gonna guess the gun was loaded...
District court is by Judge, appeal to Circuit Court, ask for a jury. DA will "usually" settle it before court, lesser fine, to not have to try a hunting case like this. Fine seems a little steep, I'd expect at least half that amount.
doecommander, nice asshole comment, you wern't there and know absolutely nothing about the incident. Fred, glad you're back to straighten the nut out. I tried on an earlier thread, but was just wasting time. The dude has some serious issues with game wardens. Said all of you are assholes, but won't explain why. I agree also that the issue is going to revolve on whether the gun was loaded or not. Sounds like this guy is an outlaw who has no respect for our game laws.
The only thing necessary for the triumph of evil is that good men do nothing.
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Joined: Feb 2011
Posts: 595
4 point
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4 point
Joined: Feb 2011
Posts: 595 |
I guess my true issue is with the laws themselves and how they leave so much gray area. The officer did not lie in court, he said he observed me from a crossing 300 yards away, he stated that "he was moving slowly down the railroad track wearing hunter orange with a rifle on his shoulder". The officer also stated in court that I would have received the ticket even if I had been carrying a bow and arrows. All of which is true. You are required to wear orange on WMA's on hunt days and I am 70% crippled so I do not move real fast. Even if in the judge and prosecutor opinion I was wrong, taking my hunting rights for a year is supposedly reserved for a second offense. I feel I was punished excessively for arguing what I felt was right in a good ol boy courtroom.
"There are no easy days, not even yesterday"
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Joined: Sep 2004
Posts: 37,027
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 37,027 |
if he said you would of gotten a ticket even if you had a bow...he was wrong as there is no such violation.
you got screwed on the loss of hunting rights...appeal is the only way to right that part....
troy
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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Joined: Nov 2009
Posts: 2,743 Likes: 2
10 point
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10 point
Joined: Nov 2009
Posts: 2,743 Likes: 2 |
I thought it they were very strict on folks walking down railroad tracks....i.e. trespassing on railroad property. I have heard this many time from many people. Is it not true?
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Joined: Mar 2010
Posts: 168
3 point
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3 point
Joined: Mar 2010
Posts: 168 |
Most courts/judges will convict without a shot being taken, law says "hunting or discharging"..
Ok .. so he is walking out to his truck. At what point did he consider his hunt over? Just because I am toting a loaded gun doesnt mean I am engaged In a hunt anymore. I walked through the woods yesterday to retrieve a stand, and I toted a loaded rifle. Would you have wrote me up? Probably. Why did I tote it? To shoot armadillos and coyotes. I dont think him simply walking down the track, especially toward his truck indicates an active hunt.
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Joined: Sep 2004
Posts: 37,027
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 37,027 |
Most courts/judges will convict without a shot being taken, law says "hunting or discharging"..
Ok .. so he is walking out to his truck. At what point did he consider his hunt over? Just because I am toting a loaded gun doesnt mean I am engaged In a hunt anymore. I walked through the woods yesterday to retrieve a stand, and I toted a loaded rifle. Would you have wrote me up? Probably. Why did I tote it? To shoot armadillos and coyotes. I dont think him simply walking down the track, especially toward his truck indicates an active hunt. first, you don't know me or anything about me so please refrain from assuming what I would of done. Second, I'm retired.... The courts will usually decide that if you are toting a loaded gun in the woods you are hunting something. What is it you think you would of gotten a ticket for??? troy
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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Joined: Sep 2004
Posts: 37,027
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 37,027 |
I thought it they were very strict on folks walking down railroad tracks....i.e. trespassing on railroad property. I have heard this many time from many people. Is it not true? I doubt that any state GW will write you a trespassing ticket for walking down a RR track. Railroad detectives might though.... troy
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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Joined: Mar 2010
Posts: 168
3 point
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3 point
Joined: Mar 2010
Posts: 168 |
Most courts/judges will convict without a shot being taken, law says "hunting or discharging"..
Ok .. so he is walking out to his truck. At what point did he consider his hunt over? Just because I am toting a loaded gun doesnt mean I am engaged In a hunt anymore. I walked through the woods yesterday to retrieve a stand, and I toted a loaded rifle. Would you have wrote me up? Probably. Why did I tote it? To shoot armadillos and coyotes. I dont think him simply walking down the track, especially toward his truck indicates an active hunt. first, you don't know me or anything about me so please refrain from assuming what I would of done. Second, I'm retired.... The courts will usually decide that if you are toting a loaded gun in the woods you are hunting something. What is it you think you would of gotten a ticket for??? troy Well it is funny at how touchy we can get! Fred .. I have read and know you are retired .. and yeah I dont personally know you. Good observations. Now, my "HYPOTHETICAL" question was .. would you have wrote me a ticket. As far as what for .. well I dont know. We have two other cases on the forums at the moment that came down to a judgement call. I agree you load a gun to go hunting, but at some point we all stop hunting and choose to return to our vehicle. And unfortunately, most of us choose to unload back at the truck rather than in the woods. I was watching Wild Justice, the show on California GWs. The last show had the really intense guy watching two or more guys possibly poaching bears. He didnt rush in just because they were in the woods with guns and dogs. And It appeared that they were obviously poaching. But, rather than rush in.. he was waiting for the actual offense to take place. The actual shooting of an illegal bear. I think that is what is sometimes what is lacking .. the common sense to study the situation and see if the intent is really there for the said offense. Do you really believe this guy was hunting from the railway? Do you really believe the Other guy was trying to hide his kill in multiple records? I think all most of us would like to see is the GWs use some better investigative skills and common sense to determine the true intent, AND to realize we as hunters can and will be ignorant and sometimes teaching us would go a lot farther than just throwing a ticket at us.
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Joined: Dec 2010
Posts: 307
4 point
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4 point
Joined: Dec 2010
Posts: 307 |
Yea I say amen to that. We are not all outlaws.
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Joined: Sep 2004
Posts: 37,027
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 37,027 |
any TV show is a piss poor example of how to do things....those bear hunters committed no violation by removing the gall bladder. I'd of told that GW to pound sand. Hollywood crap.
ticket??? still don't know what for..permit? license? got a dead turkey in yer pocket??
I'll give ya an example of watching to see what is going on. I come up on a man and his ten year old son fishing. Father has a rod in his hand, says he is casting the rod for his son?? maybe?? If I watched him cast, reel in, cast, reel in without handing rod to son the HE is fishing...and has to have a license. If he casts the bait out and hands rod to son..he's not fishing IMO. BTW I always gave fathers taking sons fishing the benefit of the doubt unless the guy was a azzhole....
same for the OP.... walking straight down the tracks, gun slung OR walking, stopping to look thru binocs, standing still, etc....longer ya look the better grasp of what is going on. I wasn't there so I can't comment on what he was doing.
troy
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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