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Re: Rules and Regs. [Re: centralala] #1026874
07/28/14 11:23 AM
07/28/14 11:23 AM
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Posts: 645
Lowndes County
A
augustus_65 Offline
4 point
augustus_65  Offline
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Joined: Mar 2013
Posts: 645
Lowndes County
There used to be a regulation prohibiting hunting turkeys from a raised platform, but I can't seem to find it. Maybe it was repealed. It is not listed in the current regulations.

One of my favorites gets folks in the Delta all the time. 220-2-.11(a)(6). You can't hunt deer, turkey or hogs during a flood on islands less than 40 acres. There is an ax mark on a pole at the boat launch at Mount Vernon for that express purpose telling you when the flood water gets high enough to go check the high spots.

Re: Rules and Regs. [Re: centralala] #1026892
07/28/14 11:39 AM
07/28/14 11:39 AM
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Posts: 1,793
alabama
J
judge sharpe Offline
8 point
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Posts: 1,793
alabama
The law is simple. If you are on someones land with out permission you are trespassing. The law specifically states that unless you are the guess of the landowner you have to have written permission to hunt ( or in fact to be on the land) on you in the event you are questioned. The question is, "What constitutes being a guest?" If I say go ahead and hunt, does that make you my guest? I suspect the lawmakers meant that to be a guest, the land owner or his agent would have to be present on the property so that LEO could check with him on whether the hunter was there legally or not. The best practice is for the landowner to give a written permit stating the area the hunter could hunt, and any limits on when he could hunt, and the permit be signed dated and have contact information on it. The law still is that it is only lawful to hunt turkeys from a scaffold with a bow. This is easy to check in the Alabama Code.


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Re: Rules and Regs. [Re: judge sharpe] #1026899
07/28/14 11:45 AM
07/28/14 11:45 AM
Joined: Jan 2009
Posts: 7,780
central ala,
C
centralala Offline OP
14 point
centralala  Offline OP
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central ala,
I agree with you Judge. That is the way I read and understood. But the way Bham says that is not so. At least that is the way I understand his response. Maybe he will chime back in to clarify.

Re: Rules and Regs. [Re: centralala] #1026909
07/28/14 11:52 AM
07/28/14 11:52 AM
Joined: Aug 2008
Posts: 5,342
mobile
C
charlie Offline
12 point
charlie  Offline
12 point
C
Joined: Aug 2008
Posts: 5,342
mobile
I guess the law is not so simple.

Re: Rules and Regs. [Re: centralala] #1026918
07/28/14 11:57 AM
07/28/14 11:57 AM
Joined: Nov 2011
Posts: 21,779
USA
R
Remington270 Offline
Freak of Nature
Remington270  Offline
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R
Joined: Nov 2011
Posts: 21,779
USA
Isn't it up to the landowner to press charges for trespassing? Seems like if the landowner knows you're there it's a non issue.

Re: Rules and Regs. [Re: Remington270] #1026921
07/28/14 12:02 PM
07/28/14 12:02 PM
Joined: Jan 2009
Posts: 7,780
central ala,
C
centralala Offline OP
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centralala  Offline OP
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central ala,
I think its hunting without written permission is something the GW can enforce without the landowner.

Re: Rules and Regs. [Re: judge sharpe] #1026958
07/28/14 12:41 PM
07/28/14 12:41 PM
Joined: Apr 2000
Posts: 15,834
Elmore County
Frankie Online content
Old Mossy Horns
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Elmore County
Originally Posted By: judge sharpe
The law is simple. If you are on someones land with out permission you are trespassing. The law specifically states that unless you are the guess of the landowner you have to have written permission to hunt ( or in fact to be on the land) on you in the event you are questioned. The question is, "What constitutes being a guest?" If I say go ahead and hunt, does that make you my guest? I suspect the lawmakers meant that to be a guest, the land owner or his agent would have to be present on the property so that LEO could check with him on whether the hunter was there legally or not. The best practice is for the landowner to give a written permit stating the area the hunter could hunt, and any limits on when he could hunt, and the permit be signed dated and have contact information on it. The law still is that it is only lawful to hunt turkeys from a scaffold with a bow. This is easy to check in the Alabama Code.



wellllll , you would be hunting with out permission . trespassing is different guild lines , i believe ???

Re: Rules and Regs. [Re: augustus_65] #1026979
07/28/14 01:02 PM
07/28/14 01:02 PM
Joined: Mar 2013
Posts: 645
Lowndes County
A
augustus_65 Offline
4 point
augustus_65  Offline
4 point
A
Joined: Mar 2013
Posts: 645
Lowndes County
Originally Posted By: augustus_65
There used to be a regulation prohibiting hunting turkeys from a raised platform, but I can't seem to find it. Maybe it was repealed. It is not listed in the current regulations.

One of my favorites gets folks in the Delta all the time. 220-2-.11(a)(6). You can't hunt deer, turkey or hogs during a flood on islands less than 40 acres. There is an ax mark on a pole at the boat launch at Mount Vernon for that express purpose telling you when the flood water gets high enough to go check the high spots.
.

I knew it was in there somewhere. 9-11-245.
No person shall at any time make use of any pitfall, deadfall, baited field, cage, trap, net, pen, baited hook, snare, poison, explosive, or chemical for the purpose of injuring, capturing, or killing birds or animals protected by law or regulation of this state. This section shall not prevent the trapping of animals classified as fur-bearing animals by a duly licensed fur catcher. It shall be legal to use a scaffold for gun hunting of all legal game species except wild turkey and to use a scaffold for bow hunting of all legal game species.

Re: Rules and Regs. [Re: augustus_65] #1026987
07/28/14 01:09 PM
07/28/14 01:09 PM
Joined: Mar 2013
Posts: 14,586
Tuscaloosa Co.
N2TRKYS Offline
Booner
Happy Birthday N2TRKYS  Offline
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Tuscaloosa Co.
Originally Posted By: augustus_65
Originally Posted By: augustus_65
There used to be a regulation prohibiting hunting turkeys from a raised platform, but I can't seem to find it. Maybe it was repealed. It is not listed in the current regulations.

One of my favorites gets folks in the Delta all the time. 220-2-.11(a)(6). You can't hunt deer, turkey or hogs during a flood on islands less than 40 acres. There is an ax mark on a pole at the boat launch at Mount Vernon for that express purpose telling you when the flood water gets high enough to go check the high spots.
.

I knew it was in there somewhere. 9-11-245.
No person shall at any time make use of any pitfall, deadfall, baited field, cage, trap, net, pen, baited hook, snare, poison, explosive, or chemical for the purpose of injuring, capturing, or killing birds or animals protected by law or regulation of this state. This section shall not prevent the trapping of animals classified as fur-bearing animals by a duly licensed fur catcher. It shall be legal to use a scaffold for gun hunting of all legal game species except wild turkey and to use a scaffold for bow hunting of all legal game species.




It doesn't say that it's illegal to hunt turkeys from an elevated stand. It only limits it to archery equipment.


83% of all statistics are made up.

Re: Rules and Regs. [Re: centralala] #1026994
07/28/14 01:19 PM
07/28/14 01:19 PM
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Posts: 645
Lowndes County
A
augustus_65 Offline
4 point
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A
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Posts: 645
Lowndes County
You can't hunt turkey's from an elevated platform with a gun but you can with a bow. The word except in the last sentence expressly excludes gun hunting turkey's from a platform.

Another interesting prohibition is the use of mechanical or electric turkey decoys. It raises an interesting question as to what constitutes a mechanical decoy.

Re: Rules and Regs. [Re: centralala] #1026995
07/28/14 01:21 PM
07/28/14 01:21 PM
Joined: Dec 2002
Posts: 51,948
Round ‘bout there
C
Clem Offline
Mildly Quirky
Clem  Offline
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C
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Round ‘bout there
Definitely, in regard to "mechanical."

Mechanical IMO means movement or rigged, designed, etc., in some way to move by some means - wind, a string, batteries, whatever.


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Re: Rules and Regs. [Re: centralala] #1026998
07/28/14 01:24 PM
07/28/14 01:24 PM
Joined: Mar 2013
Posts: 645
Lowndes County
A
augustus_65 Offline
4 point
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Posts: 645
Lowndes County
You see a lot of decoys that would fall into the mechanical class at the NWTF convention such as the decoys with strings that raise a tail fan or make them spin. As I interpret the regulation that would be prohibited.

Re: Rules and Regs. [Re: centralala] #1027004
07/28/14 01:40 PM
07/28/14 01:40 PM
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Posts: 34,404
Boxes Cove
2Dogs Offline
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Boxes Cove
Originally Posted By: centralala
I think its hunting without written permission is something the GW can enforce without the landowner.


Do you mean the GW just picking a piece of property and checking hunters he sees and writing those without written permission and it being a good case? Don't think so.

What say you Paw Paw?

Last edited by 2Dogs; 07/28/14 01:42 PM.


"Why do you ask"?

Always vote the slowest path to socialism.







Re: Rules and Regs. [Re: centralala] #1027058
07/28/14 02:30 PM
07/28/14 02:30 PM
Joined: Jan 2009
Posts: 7,780
central ala,
C
centralala Offline OP
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centralala  Offline OP
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Posts: 7,780
central ala,
Originally Posted By: centralala
"It is illegal to hunt, trap, capture, injure, kill or destroy any wild game on another person's land without having in possession the written permission of the land owner or person in control of such land, unless accompanied by the land owner or unless a guest of the landowner." I don't always understand rules and regs. Really don't try the ones that don't apply to me. Can you explain this one to me?

I'm trying to live up to 49'er!! grin


He replied you didn't have to have written permission.

Re: Rules and Regs. [Re: centralala] #1027067
07/28/14 02:36 PM
07/28/14 02:36 PM
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Boxes Cove
2Dogs Offline
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Boxes Cove
Originally Posted By: centralala
I think its hunting without written permission is something the GW can enforce without the landowner.


OK, you're confusing me, what do you mean by the above statement?



"Why do you ask"?

Always vote the slowest path to socialism.







Re: Rules and Regs. [Re: 2Dogs] #1027079
07/28/14 02:47 PM
07/28/14 02:47 PM
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Posts: 7,780
central ala,
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centralala Offline OP
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central ala,
I mean GW riding down the road and sees a truck parked by the road. Stopping, going in and finding the hunter, asking for liscense and permit, checking the shells in your gun, and walking around looking for corn. Has happened to me. They can and will do this randomly as they see fit. Its their job. I really have no problem with it.

Re: Rules and Regs. [Re: centralala] #1027138
07/28/14 03:27 PM
07/28/14 03:27 PM
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Boxes Cove
2Dogs Offline
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Boxes Cove
Originally Posted By: centralala
I mean GW riding down the road and sees a truck parked by the road. Stopping, going in and finding the hunter, asking for liscense and permit, checking the shells in your gun, and walking around looking for corn. Has happened to me. They can and will do this randomly as they see fit. Its their job. I really have no problem with it.


I was following you. Don't know about other parts of the state but our GWs enforce the written permit law at the request of the landowner. They don't just stop on the side of the road and take off through the woods writing folks without written permission on them. The land owner would show up in court and say just because , (we'll say co-worker for this example), my co-worker didn't have written permission don't mean I didn't mind him hunting on my property. Judge would throw those citations out quick as they could write them. Now they may check all those other things you listed and never ask for written permission. Seen it happen.

When they came to "patrol" my property they asked if I wanted them to enforce the written permission law. That was the reason they were there. I told them unless the hunter they found was with me at that time, or was a ajoining landowner, or had written permission write them.


Last edited by 2Dogs; 07/28/14 03:34 PM.


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Re: Rules and Regs. [Re: 2Dogs] #1027156
07/28/14 03:41 PM
07/28/14 03:41 PM
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Posts: 7,780
central ala,
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centralala Offline OP
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centralala  Offline OP
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central ala,
And that is where the "guest" part muddies the water. The land owner can say he was my guest the way it is written.

Re: Rules and Regs. [Re: centralala] #1027200
07/28/14 04:03 PM
07/28/14 04:03 PM
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Boxes Cove
2Dogs Offline
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Boxes Cove
That's where our GWs know up front the landowner wants the written permission portion of the law enforced. They don't want the landowner showing up at court and getting their cases thrown out.



"Why do you ask"?

Always vote the slowest path to socialism.







Re: Rules and Regs. [Re: centralala] #1027214
07/28/14 04:08 PM
07/28/14 04:08 PM
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Boxes Cove
2Dogs Offline
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Boxes Cove
Here's something I heard for years and a few years ago saw it buried deep in the code/law. Don't know if it is still a law. A farmer renting land of another for farming automatically has hunting rights on said land unless otherwise retained by the landowner. I'm sure several years ago I actually saw that in writing somewhere. Is this true?



"Why do you ask"?

Always vote the slowest path to socialism.







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