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.

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

And the last time they authroized any overtime for wardens was about 1989, if I recall correctly...

Like doekiller said, appeal it and request a jury trial.

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

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.

Hunting-231,



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.

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.

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

yer correct......but some don't allow small game hunting on days of gun deer hunts...

Sounds like this guy is an outlaw who has no respect for our game laws.

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.

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 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?

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 doubt that any state GW will write you a trespassing ticket for walking down a RR track. Railroad detectives might though....

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.

Yea I say amen to that. We are not all outlaws.

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