Legal question for SB or anyone that knows

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Greenhead22
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Postby Greenhead22 » Wed Aug 25, 2004 7:40 am

The fact the matter is this.........if you have ducks or geese in your possession while hunting.......you cannot have any lead shot in your possession......period. Even if the GW checks the birds and determines they've been shot with steel.........any lead shot in your possession will hurt you. It's not up to the GW or Judge to prove you have lead shot at this time......an hr later shot the ducks with steel.....then an hr later were back to lead. All the GW has to do is find lead shot in your possession. From what I understand you can have lead shot in your truck but in on you in the field. Now, that being said......if you shoot some teal and put them in the truck......then go back in the field.....finish out your limit of doves. Then as you get back to the truck the GW pulls up......so now you've got teal and doves in your possession.....along with lead shot......you are asking for it.

And yes I have seen a metal detector used to bust some booty before.
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BeastMaster
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Postby BeastMaster » Wed Aug 25, 2004 8:07 am

i've got duck in my freezer and a closet full of lead shot??? Am i gonna get a ticket? am i breaking the law?

where do they draw the line when considering "possession of lead" ??

had a buddy that went duck hunting... finished his hunt.. put boat on trailer was pulling out and got stopped and checked.... GW found some lead shot behind the seat.... wrote him a ticket
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Meeka
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Postby Meeka » Wed Aug 25, 2004 8:08 am

Under state law, Section 49-7-49 provides as follows:

Prima facie evidence of hunting, trapping or fishing.

For the purpose of this chapter, the fact that any person shall be found in the possession of a trap, fishing tackle, or other device of any description whatsoever used for the purpose of taking wild animals, wild birds or fish in the natural habitat of such animals, birds or fish, or in the possession of dead bodies of wild birds, wild animals or fish within the field, in the forests or on the public highways or on the waters of this state, shall be prima facie evidence that such person is or has been hunting, trapping or fishing.
tunica
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Postby tunica » Wed Aug 25, 2004 9:12 am

This happened about 8 years ago
I was hunting the WhiteRiver National Refuge and federal games wardens came into the camp and ask if they could search my trailer I asked what they were looking for and He said anything thats not supposed to be on a Federal land.

WEll he found a ammo can of reloads (lead) I had in the closet (dumbazz Me)

140 buck plus court cost....I learned lead cannot be on you with you or in your trailer on Federal land


Side Note
He also found 5 boxes of Steel I was using to hunt with did not matter lead was in the camp so I was guilty.
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torch
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Postby torch » Wed Aug 25, 2004 11:38 am

If you hunt the geese only have steel. You can't hunt both on the same day or you will pay the price. If feds check you it will costs 325.00 plus 600.00 per goose ie Illegal game, harvested with lead. I know becuase it happened to me 9 years ago cost me and a buddy 1200.00 a piece.
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SoftCall
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Postby SoftCall » Wed Aug 25, 2004 11:28 pm

In hwy61duckcamp's defense:

I know of MAYBE two people on this site back in the point system days that would have loaded up the dekes after shooting a 90 point hen and another 10 point bird or higher. That system was designed to allow no more than 4 mallards with a MAXIMUM of 2 mallard hens. Not too different fom recent frame works. Also, hen shooting was not so taboo in those days although there was a strong push to refrain from shooting them.

You can't assume that one intends to break game laws or has recently broken game laws if they fudged on the "order" that they filled a limit back in the 70's. Anyway, the comment about the point system was used to illustrate a point...there was no admission of guilt.

The system was silly and that's why it was changed.

BTW - I am ONE of the TWO people on this site that would have packed up the decoys back then..... :P :roll: :D
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crow
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Postby crow » Thu Aug 26, 2004 6:15 am

Softcall, I must be the other one who went home when I passed 100. Did it on many days. My Daddy used to give me Hell about it, too! Course he didn't think we should stop at sundown either!
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bigwater
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Postby bigwater » Thu Aug 26, 2004 7:16 am

just curious have u guys ever known anyone to get a ticket during the early goose season..

i was hunting teal on public land a few years back. walked out of the marsh took my gear off got in my truck pulled up the field rd. toward the main rd and there were 2 gw's... stop me check me out ask me how we did. told 'em it was a slow day hardly anyone did any shootin. there about to tell me to head on when one of the gw's spots a case of those cheap booty #8 shot 7/8 oz. wal-mart dove loads in the bed of my truck.


g.w. says wooooo... you can't have those in your posession while your hunting teal. i was like well if'n u had walked your booty out there to where we were hunting you could have checked me and found that i didn't have any lead on me while i was hunting teal. i told the g.w. u do understand that i have no desire to hunt teal with these cheap booty dove loads. i was like these shells are in my truck becasue i'm going dove hunting this afternoon .. oh yea their chitty dove loads as well

g.w told me that i shouldn't do that again or i would get a ticket. now mind u i was two hours from my house and i wasn't going home before i went dove hunting that p.m. had all my gear for teal and dove hunting in my truck. i told the g.w. that he needed to study the defintion of the word "possession" becasue i didn't possess anything illegal while i was teal hunting .

anyway i left without a ticket... little bit hacked off that the g.w would think that i would drive 2 hours a 3 am to hunt teal with those cheap booty
dove loads. all the while opting not to shoot the teal with the case of 3inch #4 loads that were also in the back of my truck


later bigw
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Postby pondman » Thu Aug 26, 2004 7:28 am

That's been a lot of intresting responses. I didn't mean to stir up such a hornet's nest. My question pertained not to trying to kill both doves and geese at the same but to the legality of shooting geese on a wheat field. The answer to whether or not you can have geese or teal and doves and lead shot at the same time is NO!!! I have asked federal and state wardens. I guess if you are a lawyer and have nothing better to do than argue to could try and find a way out of it but good luck.

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hwy61DuckCamp
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Postby hwy61DuckCamp » Fri Aug 27, 2004 4:14 pm

Softcall...You are right...I wasnt trying to say its right, just that its tough to prove...and you are also right, that the point system was an ill conceived rule...thus its disappearance...

The guy who gave the Miss State Statute saying that possession of shells is prima facia evidence of "Hunting"...that is interesting....that is the sort of law you would expect to see somewhere like Russia...if you have a smile on your face, you must be guilty of something..so we can throw you in jail.

I admit, that statute (albeit a state statute) in conjunction with the Federal Reg about possessing lead shot, might cause a problem.....not sure if any aspect of federal law pre-empts the state statute...of course the state law does seem to violate quite a few rights given under the US Constitution...but hey...I think we all get the point...

It is not my goal to encourage illegal activities...only to give thought to some rules that are silly or ill conceived...and also to the concept that just because a guy has a badge, doesnt mean he is ALWAYS right...In this country we have the right to question silly or illconceived rules or laws, and the right to challenge authority, within the bounds allowed by law....

It chaps my booty to see a water headed GW who is on some sort of power trip....wanting to show the smart bankermane, or lawyermane or doctormane or whoever, that he IS IN CONTROL and that you had better lick his booty or ELSE....I know people are people, and that are always a few bad apples in every bunch....but Ive encountered more people with this Power Trip personality profile in the law enforcement area, than almost anywhere else...they like to be in control....its a mental thing...sometimes if you play submissive on em...they get all friendly n stuff !! LOL....Please dont thrown me in dat der briar patch Boss !! Its not really too hard to outsmart some of em...if you play into their foibles...

Softcall you are indeed an honorable man, if you shot a 90 point hen, and then would not shoot another 25 pointer and packed it in...that is integrity.....Im not sure I would have let it pass,,,,but back in those days, I didnt have many opportunities to make that choice..I would walk in 2 1/2 miles each way on public land,,,,wade a deep cut, and hunt all day...sometimes coming home with nothing...a merganser or some crap like that....

In recent years, Ive sat in a duckhole with my limit, and watched in amazement as hundreds, maybe thousands of ducks flocked in......and not fired a shot...there is a sense of satisfaction in knowing that you have legally and fairly taken your limit, and watching that many ducks land 20 yards from you...

With that said, it isnt illegal for some moron to watershoot 3 greenheads in a group...but I personally find that behavior far more reprehensible, that shooting a 90 pointer (on the wing) out of order....
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SoftCall
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Postby SoftCall » Fri Aug 27, 2004 10:20 pm

Softcall you are indeed an honorable man, if you shot a 90 point hen, and then would not shoot another 25 pointer and packed it in...that is integrity.....Im not sure I would have let it pass,,,,but back in those days, I didnt have many opportunities to make that choice..I would walk in 2 1/2 miles each way on public land,,,,wade a deep cut, and hunt all day...sometimes coming home with nothing...a merganser or some crap like that....


hwy61 - didn't you see the eye's rolling after my closing comment in that post? I was too young back then to make those decisions...I just remember going to the blind without any ducks and coming back with a bunch. The mid 70's were my first years. I remember being cold, having big @$$ waders, and a brand new 870 wingmaster 20. It wasn't up to me to pick up the dekes...I was along for the ride when I was 10 years old. I do remember many a heated discussion in the blind over ethics though.

I am sure that the party I was with re-arranged the order of birds though. Just like they shot a portion of my limit...and it was a party shoot. I think that most folks have a different perspective on things today than they did back then thanks to sites like this and DW & DU.

Anyway - it was a silly system and I am glad that it has changed.

BTW - If you are a lawyer and I ever get a ticket for something that I feel was unfair - I am calling you!

anyway - solution to the lead vs. steele issue - shoot the doves with steele #6's in the win expert low brass. Smacks em.
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