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Legal question for SB or anyone that knows
Posted: Tue Aug 24, 2004 12:37 pm
by pondman
SB,
I have a good friend who runs a cattle operation and has legally broadcast through bonafide agricultural practices on a disked field. If some doves happen use the field we will shoot them. Just to protect the wheat you understand.
My question is this:
Quite a few (75-125) resident Canada geese last week started to feed and loaf in the field. My buddy is concerned that are eating all of the wheat he put out to grow as winter grazing for his cows. Once the season is open can you legally hunt geese on this field???
NO, it is not my field, it really does belong to a friend.
Thanks,
Pondman
Posted: Tue Aug 24, 2004 12:40 pm
by RIP EM
Sounds like a natural "farming practice" to me.
Should be OK with it.
Then again,...... SB, would be the one to ask !
Ah Hell Pondman,...I'll go with ya,...ifin you think it would make ya feel better !
Rip Em !
Posted: Tue Aug 24, 2004 12:51 pm
by chopper30
To go along with this question, every year on the field we hunt opening day, about 20-25 Canadians fly over and last year even tried to land between me and pops in the field.
Question is if we take steel shot, have our duck stamps, and shoot these suckers, will we get in trouble because we have Canadians sitting by our dove stools, with a pocket full of lead shot? I mean if the GWs don't have them a metal detecter with em, how can I prove I shot them with steel?
Chop
Need help, they must die!

Posted: Tue Aug 24, 2004 1:20 pm
by REBEL DUCK
It is not breaking the law unless you get caught.
Posted: Tue Aug 24, 2004 1:25 pm
by River Hunter
I ran up on a couple hundred dove on a sandbar during duck season and i asked a warden (Lee Elington) if i could hunt them when i was duck hunting. His answer was no. If i had lead in the boat while duck hunting i would get a ticket no matter what even if he checked the ducks for lead you can not have lead in the boat no matter what so if it happenes again i will have to carry lead and dove hunt only
Posted: Tue Aug 24, 2004 2:15 pm
by pondman
I guess I should clarify. We probably going to try and drop the hammer on them opening day of goose season. Which is before dove is even open and we will all have the necessary stamps and steel shot.
Concerning trying to shoot geese and dove at the same time. You can not have in your possession lead shot and any type of waterfowl at the same time. If want to shoot doves and geese, carry some steel 6's and steel BB's.
Pondman
Posted: Tue Aug 24, 2004 2:37 pm
by the doctor
dont ask, dont tell
the doc
Posted: Tue Aug 24, 2004 3:49 pm
by emo
I just asked a similar question on another forum. I have teal using a pond in my dove field. I didn't realize there could be no lead even if you were dove hunting. Maybe those teal will leave before I shoot that field so I won' t be tempted to break the law.
Posted: Tue Aug 24, 2004 6:13 pm
by judge jb
you can dove hunt and shoot waterfowl as long as you do not have any illegal shot as stated under the migratory waterfowl regulations..
judge jb
Posted: Tue Aug 24, 2004 8:25 pm
by Wingman
Emo,
It is perfectly legal to dove hunt your field as long as you don't have waterfowl in your possession or as long as you aren't hunting waterfowl.
Nothing in the laws says you can't dove hunt beside a duck hole.
EDIT:
After rereading my post, I will try to make it a little more clear.
Judge is correct. You can legally hunt dove and waterfowl at the same time(providing the appropriate seasons are open) as long as you don't have lead in your possession.
Just don't hunt ducks or geese while you have lead on you.
Posted: Tue Aug 24, 2004 8:38 pm
by hwy61DuckCamp
Ive always made this point and think it is valid. The federal reg as I understand it says...."It shall be illegal to possess lead shot while hunting waterfowl."
Maybe Im splitting hairs here (after all thats what I get paid to do in front of juries) But if you hunt the geese..shoot them with steel....put them in the cooler....and then go dove hunting with lead shot....How can you be guiilty of violating the rule set out above ?
Now Im not saying a warden wont write you a ticket, Im arguing that he shouldnt,,,,and that at TRIAL he couldnt win the case before a jury or reasonable people.
I know that crap wouldnt fly in any other legal context...and so I find it hard to believe that the same logic would not follow in a game case in a federal courthouse in Mississippi.
Ive always said, and still believe...that possessing lead shot in your truck, after you have left the field should not result in charges and could not result in a conviction at trial before a jury.
I dont hunt from my truck...in fact it is illegal to do so....when my guns are in the cases, and Ive got my street shoes on, and the Man stops me down the road from where Im hunting...How can he make a case for possession of lead shot ??? !!!! Im not hunting...Im driving ! How can he presuppose that I had that lead shot in my possession while I hunted UNLESS I tell him so or confess after he threatens to haul me in, lock me up, etc....
I know this isnt true of all wardens, but they do try to bully people...make them believe they have a case , when they in fact do not, and cannot bring a case without an admission !! It is your constitutional right to say nothing people.....
Posted: Tue Aug 24, 2004 8:54 pm
by emo
question for hwy61duck camp ( since you are good at splitting hairs) . We will have about 20 guns in the field . Lets say 10 teal buzz our pond and we down all 10 ( like they do on tv). Since we don't know who killed them can the warden and/ or judge figure it out or get us all?
Posted: Tue Aug 24, 2004 8:56 pm
by Greenhead22
I can answer that one for ya.......all of ya are going to jail.......

Posted: Tue Aug 24, 2004 9:02 pm
by hwy61DuckCamp
Did he see yall shoot em ? or did he catch you with them in your possession ?? Or just how did this Man come to know about this here teal shootin ?
Hard to say without knowing more...but I agree, first step is a trip to the station somewhere...
Im assuming this is a hypothetical question ??
Posted: Tue Aug 24, 2004 9:03 pm
by Wingman
Emo,
I think you are heading down the wrong road here.
You do not want to go to Federal Court. Stay away from the teal if you have lead shot on your person.
If you have some buddies coming that you think might take the chance and shoot the teal with lead....I would un-invite them before they get you all in deep trouble.