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Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #89204
02/08/11 11:36 AM
02/08/11 11:36 AM
Joined: Jan 2005
Posts: 33,437
Your mom’s house
doekiller Offline
Freak of Nature
doekiller  Offline
Freak of Nature
Joined: Jan 2005
Posts: 33,437
Your mom’s house
Originally Posted By: Bucky205
There is so much gray area in the interpertation of this law law. In such lies the problem. The LEO plainly stated I would have been guilty even with a bow and arrow. I am in the process of trying to scrape together enough money for an appeal. I want to request a jury trial. Baldwin county has a bad reputation for policing for profit. I feel wronged and will continue to fight this conviction as long as I can find a way. Thank you guys for your input. I will let everyone know how the appeal goes. I urge everyone to write your represenatives to request clarity be provided for our hunting laws. The next citation may be yours.


Well, what every you do, you only have until Monday the 14th to file your appeal.

Re: Charged with 9-11-257 on Perdido River WMA [Re: Patriot] #89270
02/08/11 01:23 PM
02/08/11 01:23 PM
Joined: Dec 2001
Posts: 15,142
Fairhope
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bamachem Offline
Old Mossy Horns
bamachem  Offline
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Fairhope
Originally Posted By: BhamFred
Under Charles Kelly a GW could arrest ANYONE if he made a good case, Mr Kelly would prolly call ya and ask the particulars of the arrest. NEVER any pressure to drop an arrest.

Current admin...not so much mad

I was called by the Chief and told to "un-arrest" a person I arrested the day before. There ain't no such thing.........

troy


And you weren't the only one... Imagine that...


Originally Posted By: BhamFred
jawbone, I met with the person I arrested(not on a warrant), had him raise his right hand and I pronounced him UNarrested. He said "what the hell was that?" I made him swear not to include me in his lawsuit......:)

troy


LOL, now THAT's a good 'un! laugh


Originally Posted By: kat
I've read this thread long enough to finally make a response. With most of the hacking on the warden, there are always two sides to the story. I've never had a problem with Mr. Nix. I think that the Perdido wma is a lot better place due to what he does out there. To the guys swimming with his kids, sounds that he could of been concerned with your safety and thought it might not be the best location for your family day during a gun hunt. And if the guy was walking down a railroad track looking around with a loaded rifle and nice buck would have showed his face, I bet he would of shot. So he was hunting in my opinion. Could be the high guilty rate in the county says something of the solid cases they make. Do it legal or don't do it. just sayin.


Everyone, don't forget to say a warm welcome to our newest DCNR member.


Originally Posted By: Patriot
To Bucky,
First of all I am a 55 yo veteran of the USN. My father and my grandfather are veterans. Several of my uncles,cousins and three of my brothers by marriage are veterans. Being a veteran has nothing to do with your complaint.
I have two older brothers that are not veterans and they do not hunt, but they and everyone of my family members, relatives and friends know that when hunting - before you step onto a public right of way or railroad, unload your gun...or you could be charged with a violation of law. It isnt hard to unload and reload your firearm. It only takes a matter of seconds to complete the cycle for most firearms. If it is hard for you unload and reoad your firearm then maybe you could take up swimming or some other sport that does not involve moving parts, like balls you could lose i.e. golf,tennis.
Second you cannot step off the railroad bed on Perdido River Mgmt. area and be within 100 yds of exiting the Mgmt area, (unless you cross the river into Florida). Once an individual treks back to his vehicle from the railroad bed on that Mgmt. area they would still have to drive at least a quarter of a mile to leave the area, (unless you drive into Florida- this is a moot point because all hunters have to check in and out of the mgmt area at the check station for safety reasons.)
Third, I know the two officers that contacted you the day you were standing in the R/R bed. They are as honest and conscientious as the day is long. What is really sad is that a ticket would not have been written for 9-11-257 if your gun had not been loaded.
Fourth, maybe everyone else in court that day plead guilty except for you.
Fifth, if someone blatantly coomits a violation, when the rules are spelled out in black and white ( FREE readily available handout Hunting and Fishing Regs and Info. 2010-2011 page 20 left hand column at the top paragraph titled 50 Yard Restriction), then yes you can be charged.
Lastly, what young people are you referring to ? All of them? There are many young people today that respect the law and its representatives. Young people that have guidance and violate are usually taught to violate by example. Young people that have no guidance and violate are a product of our society.
As far as all young people not having respect for the law is just an insult and you do not know what you are talking about...again.
The example I see you setting is one of deceit, misdirection and blame for everyone but yourself for your own mistake.

The Patriot



Oops, looks like there's a newest-est DCNR member now!


MOLON LABE
Re: Charged with 9-11-257 on Perdido River WMA [Re: bamachem] #89297
02/08/11 01:52 PM
02/08/11 01:52 PM
Joined: Feb 2011
Posts: 32
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Patriot Offline
spike
Patriot  Offline
spike
P
Joined: Feb 2011
Posts: 32
To Bamachem
I dont plan on having a tombstone. I want to be incinerated and my ashes tossed back to whereever. Spending good money on a hole in the ground and a fancy headstone just does not make sense to me. Ill be dead and will not care. Maybe my friends and family will toast my passing and think well of me. I am a normal human being and I make mistakes like everyone else. I will probably be remembered for admitting to my mistakes and calling bullcrap when some people wont admit to theirs. How about you potstirrer? You gonna say and insinuate crappy things long enough for people to look forward to the day when they can piss on your headstone?

Last edited by Patriot; 02/08/11 04:56 PM.
Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #89327
02/08/11 05:20 PM
02/08/11 05:20 PM
Joined: Feb 2011
Posts: 595
St. Clair, Alabama
B
Bucky205 Offline OP
4 point
Bucky205  Offline OP
4 point
B
Joined: Feb 2011
Posts: 595
St. Clair, Alabama
To Patriot;
1>Being a disabled vet has a lot to do with it if that disability left you 60% paralyzed on your right side and totally blind in your right eye. I am right handed. Try closing your dominant eye and shooting with you non primary hand while standing up walking. Until then try sticking to subjects you know something about.
2> Bill Gray, supervising Biologist for the state of Alabama has been a friend of mine for years. Bill stated after hearing the events that the ticket should not have never been written. I have no problem with Chris or Keith they were doing their job and interperting a very vague law. I greatly appreciate the service they provide I simply disagree with their interpretation of 9-11-257 and so does the Alabama Attorney General. Did Chris also tell you I volunteered if they needed any help at the WMA the morning I checked in. I picked up trash at Cahaba River WMA for many years as a volunteer.
3> Officer Nix specifically stated that the problem was not the rifle. It would not matter if I had been carrying a bow or spear. The charge was for hunting not carrying a rifle.
4>I congratulate you your family and friends on being such conscientious hunters and unloading. I truly cannot honestly say that none of the people I know have ever received a citation from DCNR. But then many of my friends do not work for DCNR. If you choose to ignore your constitutional rights and how law is enforced you won’t have to worry about any of this for very long. You will not be allowed to carry a rifle anywhere. Try listing the places that you can legally carry a rifle across your shoulder in our state, even though the second amendment gives you that right. That is a very short list. Maybe I took a different oath than you or your relatives when I entered service. And no, I am not refering to your DCNR service.
5>you offer a lot of opinion but no evidence. Show me in the Constitution of Alabama anywhere where anything is mentioned regarding the unlawful carry of a loaded rifle on a railroad. Taking my hunting rights for a year on a first and only hunting offense is BS. I went today and appealed and plan to put it before a jury. Baldwin court wanted me to sign a blank appearance and cost bond and then send it up to Judge Bishop and then let him fill in the blanks as part of the appeal. I am sure that you have some piece of fuzzy logic that justifies this.
6> Concerning society and your opinions on the downfall. Laws and courts help define the boundries of our society.
Just because I dissagree with an opinion on the law I still respect it
7> Look at your map again for Perdido River. I was parked at the North end of the paved road against the river. I was stopped less than 100 yards from the end of the management area North bound off the management area.



And you are entitled to your opinion, no matter how uninformed. It is always good to think about other aspects. By the way, it is the 1st Amendment of our constitution that gives you that right to have an opinion and speak your mind. Thank you for your service.

Last edited by Bucky205; 02/08/11 05:35 PM.

"There are no easy days, not even yesterday"
Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #89334
02/08/11 05:42 PM
02/08/11 05:42 PM
Joined: Nov 2004
Posts: 12,788
Thomasville, AL
H
Hogwild Offline
Booner
Hogwild  Offline
Booner
H
Joined: Nov 2004
Posts: 12,788
Thomasville, AL
My gosh, I am tired of this thread and the 'special' treatment that you must expect from repeatedly playing the 'veteran' card.

You broke the letter of the Law.

Pay the fine and move on OR go through the judicial procedure that you fought to protect.

BUT QUIT WHINING ON THE INTERNET!!!!
It really isn't changing anything. smile


Last edited by Hogwild; 02/08/11 05:43 PM.
Re: Charged with 9-11-257 on Perdido River WMA [Re: Hogwild] #89413
02/08/11 07:25 PM
02/08/11 07:25 PM
Joined: Oct 2005
Posts: 10,997
Warrior River Country
49er Offline
Booner
49er  Offline
Booner
Joined: Oct 2005
Posts: 10,997
Warrior River Country
Hogwild,
Quote:
You broke the letter of the Law.


That's the stupidest remark that has been made in this entire thread.

No law trumps our Constitution.



You're saying it's illegal to possess a loaded firearm to prevent the appearance that someone is hunting.

Get real!!


Constitution of Alabama 1901

Quote:
SECTION 26

Right to bear arms.
That every citizen has a right to bear arms in defense of himself and the state.


Quote:
SECTION 36

Construction of Declaration of Rights.
That this enumeration of certain rights shall not impair or deny others retained by the people; and, to guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate.


Quote:
SECTION 279

Required of members of legislature and executive and judicial officers; form; administration.
All members of the legislature, and all officers, executive and judicial, before they enter upon the execution of the duties of their respective offices, shall take the following oath or affirmation:

"I, …, solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability. So help me God."

The oath may be administered by the presiding officer of either house of the legislature, or by any officer authorized by law to administer an oath.

Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #89415
02/08/11 07:30 PM
02/08/11 07:30 PM
Joined: Nov 2004
Posts: 12,788
Thomasville, AL
H
Hogwild Offline
Booner
Hogwild  Offline
Booner
H
Joined: Nov 2004
Posts: 12,788
Thomasville, AL
Try carrying your loaded gun into work with you at any Industrial Plant.

Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #89416
02/08/11 07:32 PM
02/08/11 07:32 PM
Joined: Nov 2004
Posts: 12,788
Thomasville, AL
H
Hogwild Offline
Booner
Hogwild  Offline
Booner
H
Joined: Nov 2004
Posts: 12,788
Thomasville, AL
Or, better yet, into Court with you while you argue your case. LOL

YOUR interpretation and what the Courts say are 2 differnet things.

You really give bad advice!

Re: Charged with 9-11-257 on Perdido River WMA [Re: Hogwild] #89454
02/08/11 08:33 PM
02/08/11 08:33 PM
Joined: Aug 2002
Posts: 22,743
Morgan Co.
Dixiepatriot Online content
Freak of Nature
Dixiepatriot  Online Content
Freak of Nature
Joined: Aug 2002
Posts: 22,743
Morgan Co.
When I was a kid my Dad told me some Game Wardens were interested in conservation and some were out to stick it to somebody. My experience has proven this to be true. I've met both.


http://familyfoundationfund.org
Proud descendant of confederate soldiers.
Auburn elitist
Re: Charged with 9-11-257 on Perdido River WMA [Re: Hogwild] #89475
02/08/11 08:56 PM
02/08/11 08:56 PM
Joined: Oct 2005
Posts: 10,997
Warrior River Country
49er Offline
Booner
49er  Offline
Booner
Joined: Oct 2005
Posts: 10,997
Warrior River Country
Hogwild,

Quote:
You really give bad advice!


I advise citizens who swore to the defend the Constitution when they entered the military and those who did so when they entered public office or became enforcement officers that they should honor their oaths.

It's not bad advice for the rest of you to defend the Constitution whether you swore to or not.




Re: Charged with 9-11-257 on Perdido River WMA [Re: AlabamaSwamper] #89519
02/08/11 09:49 PM
02/08/11 09:49 PM
Joined: May 2009
Posts: 678
Florence, AL
Jack Fate Offline
4 point
Jack Fate  Offline
4 point
Joined: May 2009
Posts: 678
Florence, AL
Originally Posted By: AlabamaSwamper
I feel your pain.

I was treated like a felon at Lauderdale WMA about 12 years ago. The well respected (that was a joke) GW and his woman sidekick completely tore our truck apart and then told us to hurry and put it back together. She threw truck paperwork on the ground for goodness sake.

I told Mr. Wallace and her where to go, called her every name in the book and him too! Begged them to write me a ticket for something bogus.

I was ready to go rounds with both of them.

Last time I set foot on Lauderdale WMA.

Then again, poachers should know poachers better than that.

Now, Freedom Hills is totally different. Never had a bad experience and Mitchell Marks has always been as courteous and nice as you could expect. No doubt he would write you up if you deserved it but he seems to have plenty of common sense.



Well at least Mr. Wallace is retired now! thumbup


I Have Stood Next To Death, and People Liked Him Better



Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #89591
02/09/11 06:38 AM
02/09/11 06:38 AM
Joined: Feb 2011
Posts: 32
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Patriot Offline
spike
Patriot  Offline
spike
P
Joined: Feb 2011
Posts: 32
Okay Bucky ,
I will try this one more time and then I quit. Talking to you, that is.
You dish out impertinence as if you had the sole rights to do so just because you were wounded and it is almost infuriating. You are not the only wounded service member.
While I was in the diving community in the USN, I knew several team members whose motto was "Adapt or Die" not "adjust to whine".
Now pay attention and read this with your one good eye.

Get your facts straight and tell the whole truth.
Bill Gray is not THE supervising biologist for the State of Alabama, he is the supervisor in District 4. Bill Gray was not there and I doubt he would second guess officers in the field without knowing all the facts. (Free handout AL. Reg Book 2010-2011 pg 11).
Lets just skip on down to the "ignoring my rights crap"... No one and I reiterate No One has said, hinted or indicated that you don't have the right to keep and bear arms - and I will fight to the death to keep mine. I took the same oath as you, you .... and however distasteful I will defend yours.
You were standing in/on private property owned by the railroad. In Alabama the r/r and its right of way is deemed private property. You had a loaded firearm, wearing camo, wearing orange and standing in the r/r tracks looking at a clearcut.
You were hunting..... 9-11-257.
You will not find anything in the Constitution of Alabama about carrying a loaded firearm on a r/r track. You will find it in the Code of Alabama 9-11-257.
I have no fuzzy logic.
Here is a thought, why don't the GW's turn over the info to the R/R police and you could be charged again for trespassing?
The location where you were stopped is 3/10 of a mile from the public road. The opposing side of that road( or north of that road)is mgmt area also.
My uninformed opinion is based on a lifetime of dealing with charlatans, 12 years in the USN, a 4 year college degree with a dual minor of Psychology and Criminology.
I guess your worldly and buffoonish opinion is based on...I don't know , maybe you got hit by a train.
Goodby and good luck

Re: Charged with 9-11-257 on Perdido River WMA [Re: Patriot] #89602
02/09/11 07:17 AM
02/09/11 07:17 AM
Joined: Oct 2005
Posts: 10,997
Warrior River Country
49er Offline
Booner
49er  Offline
Booner
Joined: Oct 2005
Posts: 10,997
Warrior River Country
Patriot,

If you and I were on a jury hearing this case, you would not get your unanimous guilty verdict. Your ideas about what constitutes hunting are preposterous and overbroad.

Notice the words chosen by our legislature to describe hunting:


Quote:
9-11-232 Any person, firm, association, or corporation who takes, catches, kills, or has in possession at any time, living or dead, any protected wild bird not a game bird, ...

9-11-234 It shall be unlawful for any person to hunt, take, catch or kill or to attempt to hunt, take, catch or kill any bird or animal protected by the game laws or regulations of this state ...

9-11-235 It shall be unlawful, except as to trapping as otherwise provided by law, for a person to take, capture, or kill, or attempt to take, capture, or kill any bird or animal protected by the laws of this state between sunset and daylight...

9-11-236 Any person who hunts, takes, catches, captures, kills, or has in his or her possession or who attempts to hunt, take, catch, capture, or kill, any bird or animal protected by law or regulation of this state except during the open season when same may be hunted, taken, caught, captured, or killed shall be guilty of a misdemeanor ...

9-11-244 No person at any time shall take, catch, kill or attempt to take, catch or kill any bird or animal protected by law or regulation of the State of Alabama by means, aid or use, directly or indirectly, of any bait


etc. etc.

There are plenty more if you look at the law instead of the Regulation Book.


Nothing there about possession of firearms, whether loaded or not, and certainly not anything there about the clothes a person is wearing.

Re: Charged with 9-11-257 on Perdido River WMA [Re: 49er] #89607
02/09/11 07:37 AM
02/09/11 07:37 AM
Joined: Aug 2005
Posts: 2,176
cantonment florida
G
Geronimo Offline
8 point
Geronimo  Offline
8 point
G
Joined: Aug 2005
Posts: 2,176
cantonment florida
I have hunted Perdido since it opened and have never had a problem with Chris. Many times I have seen Chris help blood trail someones deer after hearing that they couldn't find it or it had crossed a property line. On the last hunt of the year I asked where Chris was and was told that someone had seen some bicycle riders on the management area and he was concerned with their safety and was going to let them be aware that a gun hunt was going on. There's a group of girls that ride horses on the management area but they have their orange on. My point is that I don't think Chris is all bad.

I don't know about your deal with the ticket and can only speak for myself. I hunt management areas only and if I walk down a RR or even approach a gate on the management area road I unload my gun. That way there is no appearance of hunting. I can't afford a ticket so I try not to give them a chance to write me one.


"I'm just an old chunk of coal but I'm gonna be a diamond some day."
Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #89621
02/09/11 08:12 AM
02/09/11 08:12 AM
Joined: Sep 2008
Posts: 622
Oz
H
huntnfish2 Offline
4 point
huntnfish2  Offline
4 point
H
Joined: Sep 2008
Posts: 622
Oz
49er,
Define "hunting" please.


You can lead a man to knowledge, but you can't make him think.
Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #89622
02/09/11 08:13 AM
02/09/11 08:13 AM
Joined: Feb 2011
Posts: 595
St. Clair, Alabama
B
Bucky205 Offline OP
4 point
Bucky205  Offline OP
4 point
B
Joined: Feb 2011
Posts: 595
St. Clair, Alabama
Again, I have no problem with Chris or Keith. They both acted professionly and seem to take pride in their work. I simply know what I was doing when cited and stronly dissagree with Chris's opinion of the law and feel LEO's are over zealous in writing tickets on WMA's. I also feel it unjust that I lost my hunting rights for a year for dissagreeing with Chris's opinion of the law. I know we have beat this topic to death and apologize if it seems to drag on. I have always enjoyed an assortment of forums for the exchange of ideas. If I was not interested in a topic I simply ignored the topic.


"There are no easy days, not even yesterday"
Re: Charged with 9-11-257 on Perdido River WMA [Re: Patriot] #89664
02/09/11 09:16 AM
02/09/11 09:16 AM
Joined: Dec 2001
Posts: 15,142
Fairhope
B
bamachem Offline
Old Mossy Horns
bamachem  Offline
Old Mossy Horns
B
Joined: Dec 2001
Posts: 15,142
Fairhope
Originally Posted By: Patriot
To Bamachem
Blah, Blah, Blah.... I will probably be remembered for admitting to my mistakes and calling bullcrap when some people wont admit to theirs. How about you potstirrer? You gonna say and insinuate crappy things long enough for people to look forward to the day when they can piss on your headstone?


Nice. Another Class-act. So, you work near Airport Blvd and live out in the West Mobile area. We should go have a beer one evening and see if you still want to piss on my grave.

Last edited by bamachem; 02/09/11 10:03 AM.

MOLON LABE
Re: Charged with 9-11-257 on Perdido River WMA [Re: 49er] #89797
02/09/11 12:01 PM
02/09/11 12:01 PM
Joined: Feb 2011
Posts: 32
P
Patriot Offline
spike
Patriot  Offline
spike
P
Joined: Feb 2011
Posts: 32
To 49er,
If this and if that is not the issue.

I did not give my def. of what constitutes hunting and what constitutes hunting is not the issue.

This is not an issue of the right to bear arms.

This is an issue of whether he was hunting or not.

Bucky admitted that he was on the WMA to hunt.
He was checked out as hunting. I say again,he was hunting by his own admission.
He was standing on private property owned by the R/R ( you cannot legally walk on the R/R without permission from the R/R in Alabama) and bordered on both sides by mgmt area when contacted by the GWs.
Here is an if for you-
( If you saw someone you did not know in camo and a loaded rifle on your property you would want them prosecuted for hunting without permission or at least prosecuted for trespass.)

The issue is that he was hunting by his own admission, but when contacted by the GWs he claims he is not hunting right then or that he had finished hunting.
This is an issue about someone trying to find a way get out of a violation and not being able to admit that they messed up.

I honestly hate that Bucky got hammered but jeez, all he had to do was pull the bullets out of the gun while he was on the R/R.

Re: Charged with 9-11-257 on Perdido River WMA [Re: bamachem] #89806
02/09/11 12:18 PM
02/09/11 12:18 PM
Joined: Feb 2011
Posts: 32
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Patriot Offline
spike
Patriot  Offline
spike
P
Joined: Feb 2011
Posts: 32
To Bamachem,
I don't live in Mobile area. I am flattered and I thank you for the invitation but I don't date because it would anger my wife. I certainly wouldn't date someone that already had their grave.

Re: Charged with 9-11-257 on Perdido River WMA [Re: Patriot] #89933
02/09/11 03:33 PM
02/09/11 03:33 PM
Joined: Dec 2001
Posts: 15,142
Fairhope
B
bamachem Offline
Old Mossy Horns
bamachem  Offline
Old Mossy Horns
B
Joined: Dec 2001
Posts: 15,142
Fairhope
Originally Posted By: Patriot
To Bamachem,
I don't live in Mobile area. I am flattered and I thank you for the invitation but I don't date because it would anger my wife. I certainly wouldn't date someone that already had their grave.


LOL... I'm sure you're "not my type" either as far as that goes.

As far as living in the area - LOL on that too.


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