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Started By
Message
re: Untagged Ducks - advice needed updated OP
Posted on 1/18/18 at 11:03 pm to Athletix
Posted on 1/18/18 at 11:03 pm to Athletix
quote:Sooo, did you leave them in the custody of another person? I read you stating they were in YOUR ice chest. That negates the clause you quoted. I'm right, I' m sure.
No person shall give, put or leave any migratory game birds at any place **or** in the custody of another person unless th
3
Posted on 1/18/18 at 11:08 pm to Geauxtiga
Now, if you and Imgo out and kill each a limit, we can't throw them together in a pile in the back of the truck. In that scenario they would eahpch need to be tagged but you had YOUR ducks in YOUR ice chest- unless I misread.
I see where you were given a ticket wrongfully and will beat this.
I see where you were given a ticket wrongfully and will beat this.
This post was edited on 1/18/18 at 11:09 pm
Posted on 1/18/18 at 11:08 pm to Geauxtiga
quote:
Tagging is required if the birds are being transported by another person for the hunter or if the birds have been left for cleaning, storage (including temporary storage), shipment or taxidermy services. (
The OR...that means if you left them for another hunter OR you stuck them in your ice chest for temporary storage while you finished hunting.
Posted on 1/18/18 at 11:09 pm to Passing Wind
quote:Nope.
The OR...that means if you left them for another hunter OR you stuck them in your ice chest for temporary storage while you finished hunting.
It applies to leaving them with another person for temp storage etc. No doubt here.
This post was edited on 1/18/18 at 11:11 pm
Posted on 1/18/18 at 11:10 pm to Geauxtiga
Man I don't know where the disconnect is? I appreciate the help. The or essentially makes the law 2 seperate parts, if replace it with "and" then yes I'd have to violate both parts. But the OR makes it 2 part where violation of 1 part is a violation of the entire law.
Posted on 1/18/18 at 11:10 pm to Geauxtiga
Ok then. Bet the guy if he loses his case that you’ll pay all of his court costs above his fines. 
This post was edited on 1/18/18 at 11:11 pm
Posted on 1/18/18 at 11:11 pm to Athletix
k. So that would mean you also left them with yourself to do your own taxidermy- IF your interpretation was correct.
I'm on your side. You should not have been ticketed but I'm out cause don't want to be an arse when I feel for you being wronged. Game wardens make mistakes. I know a guy who was once told he could use carp for bait but he had to kill them first. lol What good is buying live bait if that were true.
I'm on your side. You should not have been ticketed but I'm out cause don't want to be an arse when I feel for you being wronged. Game wardens make mistakes. I know a guy who was once told he could use carp for bait but he had to kill them first. lol What good is buying live bait if that were true.
This post was edited on 1/18/18 at 11:19 pm
Posted on 1/18/18 at 11:24 pm to Athletix
(no message)
This post was edited on 1/18/18 at 11:26 pm
Posted on 1/18/18 at 11:52 pm to KillTheGophers
quote:
You did not leave them - they were at your campsite. If you can show evidence of registration at the campsite, you are good to go. Sounds like the game warden unlawfully searched your campsite as well. I would “get your ducks in a row” and take him to court. I would fight 3 fronts: 1. Unlawful search 2. Language of law you cited 3. Appeal to the common sense of the court - I would politely go after the GW Do you have a criminal record? Are you past due with child support? Make sure you have no outstanding legal issues, sans this matter before you go to court.
Might want to read ldwf pamphlet. Wma and campground - you are concenting to search by being there court history backs this
Posted on 1/19/18 at 12:48 am to Geauxtiga
quote:
Nope.
It applies to leaving them with another person for temp storage etc. No doubt here.
You’re wrong. The “or”, in legal terms, means that you can put a period there and use it in its own context without the other part of the sentence.
Posted on 1/19/18 at 1:41 am to Athletix
I'm pretty sure you only get one pretrial diversion...I wouldn't use it on some untagged birds. Pretrial is also just a money grab, theres the cost of "the program" and then it's going to cost you another $800-$1000 in various fees to get it wiped off your record after X years. I would imagine you'd get off a lot easier just pleading guilty and its not like anyone is going to give a shite your record shows you didnt tag a few birds that one time you went camping. I'd also imagine a good attorney could get you out of this, as it seems like the charge is a misinterpretation of the law pending how a campsite is interpreted and what the definition of "leaving" something is.
Posted on 1/19/18 at 2:48 am to Geauxtiga
quote:
quote:
The OR...that means if you left them for another hunter OR you stuck them in your ice chest for temporary storage while you finished hunting.
Nope.
It applies to leaving them with another person for temp storage etc. No doubt here.
dude... just stop. you're making yourself look foolish here. the law clearly stated what the OP failed to do. if something says AND, the two clauses are connected; if it says OR, then nothing previously stated correlates to the second part. if i say you can have beer or wine, that doesn't mean you get both.
This post was edited on 1/19/18 at 2:49 am
Posted on 1/19/18 at 5:07 am to Masterag
Geauxtiga don't read good.
Or
Geauxtiga don't comprehend good.
Or
Geauxtiga don't comprehend good.
Posted on 1/19/18 at 5:27 am to Geauxtiga
quote:
Sooo, did you leave them in the custody of another person? I read you stating they were in YOUR ice chest. That negates the clause you quoted. I'm right, I' m sure.
Dude, you cannot be serious right now. It clearly says "OR in the custody of another person" and "OR if being transported by another person", not "AND in the custody of another person" and "AND if being transported by another person".
This post was edited on 1/19/18 at 5:29 am
Posted on 1/19/18 at 5:32 am to Geauxtiga
quote:
I know a guy who was once told he could use carp for bait but he had to kill them first. lol What good is buying live bait if that were true.
What kind of carp? Because you can only legally possess koi, common carp, and goldfish.
Posted on 1/19/18 at 6:02 am to Cowboyfan89
This sucks for the OP about not knowing the law, as I agree with him and many he is in violation of the law.
They have also been cracking down hard on tagging birds over the last few years. I am a frequent guest at a club in Arkansas that hangs the birds for the day for a picture. Its been tradition for years, well the feds came after us for not tagging the birds for the picture. Now in our pictures all the birds are tagged, this has nothing to do with transportation.
It's all about who shot how many birds and when so they can track your possession limit and your daily limit and you not be in violation.
While we are talking laws, until the birds are at your house in their "permanent" storage DO NOT breast them, make sure at a minimum you have a wing and head on the bird to avoid braking more laws... This last part not directed at the OP, but the group in general.
They have also been cracking down hard on tagging birds over the last few years. I am a frequent guest at a club in Arkansas that hangs the birds for the day for a picture. Its been tradition for years, well the feds came after us for not tagging the birds for the picture. Now in our pictures all the birds are tagged, this has nothing to do with transportation.
It's all about who shot how many birds and when so they can track your possession limit and your daily limit and you not be in violation.
While we are talking laws, until the birds are at your house in their "permanent" storage DO NOT breast them, make sure at a minimum you have a wing and head on the bird to avoid braking more laws... This last part not directed at the OP, but the group in general.
Posted on 1/19/18 at 6:07 am to Athletix
And WLF wonders why hunting license purchases are down!
It's really hard to respect the green jean mafia when they go out of their way to bust people on technicalities.
It's really hard to respect the green jean mafia when they go out of their way to bust people on technicalities.
Posted on 1/19/18 at 6:26 am to Quatre Pot
quote:
And WLF wonders why hunting license purchases are down!
No kidding... Far too much red tape for it to be fun.
Posted on 1/19/18 at 6:50 am to Athletix
The worst part is the 40 hours of community service, that's absurd. That's worth a couple $1000 to me most likely.
I agree you very likely can get it reduced OP, but it's by no means a guarantee. It's also going to cost you time and effort in court to do so. But if you feel wronged, there's nothing wrong with fighting it.
I agree you very likely can get it reduced OP, but it's by no means a guarantee. It's also going to cost you time and effort in court to do so. But if you feel wronged, there's nothing wrong with fighting it.
Posted on 1/19/18 at 6:54 am to Quatre Pot
quote:
And WLF wonders why hunting license purchases are down!
Has nothing to do with this topic. People don't get out of hunting because of the red tape, at least not the majority.
However, it is frustrating, and does make it hard to respect the law when they want to nitpick. Goes back to the conversation about tagging a deer and agents supposedly telling hunters that they can write a ticket if you don't have a pen on you.
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