Aldeer.com Forums Alabama Deer Talk Aldeer General Forum Senate Bill 175 - Game Wardens to be shifted out of DCNR to Public Safety

No it don't does it?
I think that our government that was of the people, by the people and for the people has been usurped. I believe that's what 49er is saying as well he just says it in a unique manner.

Let it speak for itself:


Constitution Of Alabama 1901
Article 1 Declaration of Rights.


That the great, general, and essential principles of liberty and free government may be recognized and established, we declare:

SECTION 1
Equality and rights of men.
That all men are equally free and independent; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness.

SECTION 2
People source of power.
That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and that, therefore, they have at all times an inalienable and indefeasible right to change their form of government in such manner as they may deem expedient.

Section 3 Religious freedom.
Section 4 Freedom of speech and press.

SECTION 5
Unreasonable search and seizure; search warrants.
That the people shall be secure in their persons, houses, papers, and possessions from unreasonable seizure or searches, and that no warrants shall issue to search any place or to seize any person or thing without probable cause, supported by oath or affirmation.

Section 6 Rights of persons in criminal prosecutions generally; self-incrimination; due process of law; right to speedy, public trial; change of venue.
Section 7 Accusation, arrest and detention; punishment limited to laws established prior to offense.
Section 8 Proceeding against person by information; grand jury not required in misdemeanor cases.
Section 9 Double jeopardy; discharge of juries from cases.
Section 10 Right to prosecute civil cause.
Section 11 Right to trial by jury.
Section 12 Prosecutions for libel or for publication of papers investigating official conduct of public officers.
Section 13 Courts to be open; remedies for all injuries; impartiality of justice.
Section 14 State not to be made defendant.
Section 15 Excessive fines; cruel or unusual punishment.
Section 16 Right to bail; excessive bail.
Section 17 Suspension of habeas corpus.
Section 18 Treason against the state.
Section 19 Bills of attainder of treason by legislature prohibited; conviction not to work corruption of blood or forfeiture of estate.
Section 20 Imprisonment for debts.
Section 21 Suspension of laws.
Section 22 Ex post facto laws; impairment of obligations of contracts; irrevocable or exclusive grants of special privileges or immunities.
Section 23 Eminent domain.
Section 24 Navigable waters declared free public highways; taxes, tolls, etc., for use of shores or wharves.
Section 25 Right to peaceably assemble and petition for redress of grievances, etc.

SECTION 26
Right to bear arms.
That every citizen has a right to bear arms in defense of himself and the state.

Section 27 Standing army; military subordinate to civil power.
Section 28 Quartering of soldiers in houses.
Section 29 Titles of nobility, hereditary distinction, etc.; restriction on appointments to office.
Section 30 Immigration, emigration and exile.
Section 31 Residence not forfeited by temporary absence from state.
Section 32 Slavery prohibited; involuntary servitude.
Section 33 Protection of suffrage.
Section 34 Property rights of aliens.

SECTION 35
Objective of government.
That the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property, and when the government assumes other functions it is usurpation and oppression.

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.


Amendment 597
Sportsperson's Bill of Rights.
(a) All persons shall have the right to hunt and fish in this state in accordance with law and regulations.
(b) This amendment shall be known as the "Sportsperson's Bill of Rights."

blah, blah, blah....blah.

Amendment 597
Sportsperson's Bill of Rights.
(a) All persons shall have the right to hunt and fish in this state in accordance with law and regulations.
(b) This amendment shall be known as the "Sportsperson's Bill of Rights."

Isn't it the regulations that 49er is always complaining about?

Some of them.

Not all of them define new crimes. Some are necessary to administer laws.


Example 1: This rule was originally intended to administer C.O.A Section 9-2-7-b(7)

220-2-.01 2013-2014 Hunting Seasons


Example 2: What law does this rule administer?

220-2-.10 The Possession of Firearms by Bow Hunters
Prohibited


That last one probably came from the Enforcement Division. I figure that lots of rules that don't have anything to do with conservation and protection of our fish and wildlife come from that division.

Maybe shifting them to the Dept. of Public Safety will help stop that.

220-2-.10 The Possession Of Firearms By Bow Hunters
Prohibited. It shall be unlawful for any person to possess both
gun and bow while hunting any species of game, bird or animal,
except during and in areas of the either sex gun deer season.
This prohibition shall not apply to the possession of handguns
by lawfully authorized persons for their personal protection,
provided the handguns are not used to hunt or take or to attempt to take wildlife except as otherwise provided by law or
regulation.
Author: N. Gunter Guy, Jr.
Statutory Authority: Code of Ala. 1975, ��9-2-7, 9-2-12.
History: Filed September 30, 1982. Amended: Filed
July 16, 2002; effective August 20, 2002. Amended: Filed
June 15, 2012; effective July 20, 2012.
220-

Thought I would post the entire reg so it wouldn't mislead anyone.

Explain to us what law it is that needed this rule to be implemented for its enforcement.

Here's some brand new case law explaining what I mean:



IN RE EX PARTE CHAMBERS, Ala: Court of Civil Appeals 2013


Notions of good government dreamed up by law enforcement officers, or anyone else for that matter, that make their jobs easier are "mere nullities" according to the court.

Our constitution protects my right to bear long guns and other other arms I choose as well as handguns to defend myself. Who gave Gunter Guy authority to change that?

Gunter Guy has violated his oath to support our constitutions. He can't be trusted with authority. He needs to be removed from office and prosecuted.

blah, blah, blah...

Article XVI Oath of Office.

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:



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.

blah, blah, blah....

I think someone might need to look and see if funding from the Federal matching funds will be effected. Might effect the whole DCNR monetary wise.

Or all the money from licenses that goes to GW's will now just go to the DCNR because Public Safety will have to pay the GW bill.

Here's their annual report. It still includes the Marine Police figures:




Keep in mind that federal money is not FREE money. Look at your paycheck stub and you'll see where they get those federal funds.

I take it you mean the, ostensibly unconstitutional, 1937 vintage Pittman-Robertson Act. This placed a federal excise tax, collected at the manufacturers level, on firearms and ammunition to fund conservation, wildlife management, range construction and hunter safety programs.

The Pittman-Robertson Act is the main reason we have deer and turkey to hunt in Alabama, probably the best tax money I've ever been responsible for paying.

kat,

Would you like to become part of the Public Safety Dept., or had you rather stay in the DCNR?

BTW: You didn't answer my email about the hunting accidents. I got a receipt where it was read.

What you say is true.

However, in Minneapolis Star v Minnesota (1987), the U.S. Supreme Court concluded:
"...differential taxation that selectively burdens the exercise of a fundamental right is impermissable." No matter who or what the special tax benefits.

The last time I looked, in this post-Heller world the 2nd Amendment now represents a protected fundamental right.

So how could you protest a 10-25% increase in this tax to pay for the medical cost of "gun violence" when you support the same special tax on guns and ammo when it benefits hunting, shooting sports and their related industries.

Certainly taxes on other outdoor/hunting products could provide
needed funding rather than placing a special tax on a constitutional protected venue.

Note: A general tax on all products, including guns and ammunition, like a sales tax would appear to be permissable.
But a special tax only on a constitutionally protected area like newspapers or guns and ammunition would be unconstitutional.

This is indeed a tough political and constitutional conundrum.

Has anybody asked what the Game wardens think of this?

The ones I talked to are not for it. Those that are have had the wool pulled over their eyes by big promises that can't be fulfilled. There is just no way. GW's are NOT going to be Trooper level employees. This is a bad deal all the way around.