Originally Posted By: jawbone
Originally Posted By: 2Dogs
Originally Posted By: jawbone
Originally Posted By: 2Dogs
Originally Posted By: SouthBamaSlayer

Originally Posted By: Strutter
Found it under Section 9-11-241

Hunting, trapping, etc., of wild game during day on lands of another without permission.

Any person who hunts, traps, captures, injures, kills, or destroys, or attempts to hunt, trap, capture, injure, kill, or destroy any wild game on the lands of another between the hours of daylight and sunset without the written permission of or accompanied by the landowner or person in possession or control of the lands shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of not less than one thousand dollars ($1,000), and at the discretion of the court may have all hunting license privileges revoked for up to one year from the date of conviction. Any person shall be punished for the second and each subsequent offense by a fine of not less than two thousand dollars ($2,000) and the revocation of all hunting license privileges for one year from the date of conviction, and shall be imprisoned in the county jail for a period not less than 10 nor more than 30 days.

This section shall not apply to the members of the family, guests, servants, or agents of the landowner.


That section defines poaching lol. Anyone who has been told by the landowner that they can hunt there is considered a "guest."


If I tell hard head strutter he can go deer hunting on my property and GW sees his truck and goes to check the hunter , he may write hard head strutter for all violations including hunting without. On court day I show and tell judge I gave hard head strutter permission to hunt, I expect him not to be prosecuted for it, but please throw the book at him for everything else. I bet $ that's exactly what happens.


Some of you seem to miss the point of written permission. The law isn't that you must have permission, but it is that you must have written permission on you. Same as Alabama's Mandatory Insurance law. That law is very clear that not having proof of insurance on you is the same as not having it at all.


I disagree , sure GWs can walk through the woods writing left and right for hunting without, but court day they get thrown out when landowner shows up raising hell that they wrote his BIL or boss. I've been with one of ours in Jackson and seen him check for everything he could but never asked to see a written permit.


It is your privilege to disagree, but you'd be wrong. it is clear that you must have written permission from the owner unless you are the owner's guest and are accompanied by the owner. The reason most GW probably don't enforce it is the same reason PD officers don't enforce the insurance law and not having a DL in Possession law. They go through the trouble of writing a ticket only to have the person go back to the owner and get written permission to take to court. Judges generally throw those out just like if you go to court and prove that you actually had insurance but just didn't have your proof, or you just left your DL at home that day, they generally dismiss those. In my jurisdiction, they do, but they make you pay the court cost to dismiss it, so in the end you don't get off scott free.


BhamFred just said that no where in the law does it say the landowner has to be present for you to be considered a guest. Where are you getting this?