Am I thinking wrong

[fabsroman]

In Maryland it is illegal to shoot from or across a road, but you can shoot from right up against the road as long as you are on the property you have permission to hunt.

The loaded gun in a car law is terrible. You cannot have a gun with shells in the magazine, much less the chamber, resting on or inside a vehicle. For instance, if I had an auto shotgun with a clear chamber, but two in the mag and I rested it against the car door while I was taking a break from hunting, I would be guilty. I think the mag part of the law is ridiculous because the gun isn't dangerous with rounds in the mag. However, that is the law.

[Jabba]

Rocky... the Robo-Deer was only 50 yards from the road.

Fabs... Same in Indiana can't shot from or across a public road but there is no safety distance FROM the road.

My buddies were IN the truck, ON the road. They messed up bad. They will not again. I guarantee it. I still think that they baited two honest guys into being criminals with bait that was just too tempting. They should use a little, believable buck instead IMO.

In Indiana it would be illegal to spot a deer from the car, stop and go stalk it. That's still using a motor vehicle to aid in taking game.

Jabba

[fabsroman]

Jabba,

What happens if you are drivng up to your property, coming in the front fields, and happen to see a herd of deer in the field about 200 yards away with a monster buck in it. Can you get out of the truck, which is parked on your private lane, and take the buck, or is that still hunting with the aid of a vehicle. What happens if you drive all the way to your hunting lodge in the middle of the farm and the deer are still standing out there at 400 yards and you need to get within 200 to make a good shot? The law can get pretty tricky.

[Jabba]

No doubt about it. The law is convoluted.

and CO's are open ti interpret it any way they want, and it's up to the accused to fight it or not.

Jabba

[Wolvie]

It was me who had the problem with a loaded firearm in my truck,......I messed up,....I had gotten hurt while gettin into mystand(ground stand), I had slipped on a muddy patch and hit my knee on a huge bouder,I had tried to hurt most of the day well morning anyways and the pain was so bad that i left to go back to my truck,.and what usually takes me 15 minutes to get to and from,..now took me about 45 minutes to get back to my truck.
When I arrived back to my truck,...I was exhausted,..and in pain.So I laid the rifle in the back of my truck so I could sit in the cab for a few seconds to gather myself.
And then I was going to get the gun and unload it and go home to relax.
Within a few seconds or so,..the NYDEC showed up and well,.....Now i am serving a 6 mo ACOD (Probation type thing).
And I unable to continue on with teaching Hunter Safety Courses because of my stupidity.
But when July gets here I will be making the call to get schduled to start gettin certified.

Sorry if it was kinda long winded,..but I wanted to explain what had happen to those that are new to HuntChat.

Ok Later Alll
SAFE HUNTIN~

[Lilred]

Round here..they'll fine ya, take yer gun, yer vehicle, lic. ferever and 2 days...and they'll take pert near everything you own fer general principle...it dern sure aint worth it.
Tresspassin is even worse than that...that right there is jailtime..and i aint talkin days er months either.
That 1,000$ fine you mentioned will build a boat ramp at a local fishin hole somewhere..I say fine em and put that money to use..

[skeeter@ccia.com]

Wow, shoot out of season because you NEED the food...It is 2005 and the time spent shooting out of season should be spent looking for a job..lots of grass to mow..wood to be cut..been there a time or two and it boils down to priority. One hand, hunt, fish, feed kids for a day or get off duff and earn the $ to feed your family the rest of their childhood. How much food and clothing would the $1000 fine pay for?..Laws are laws and made for a reason even though they only enforce the piddley ones such as going 5 mph over the speed limit but you can cross the centerline and risk a headon (survived one of those too)..and nothing is said...Oh but that is ok because it is the law to strap your ask into the seat with a seat belt to perpare yourself for the impact. Time to put away the play toys and take care of the family. I agree who defines the word NEED...I just made a car payment so need food for the freezor...is is ok then.....NOT

Kill someone and get 2 years.......sell or do drugs...get prob...spank your kid and get jail and fine.....don't correct your kids and get a fine ..I think they make the laws with good intentions but it is the Judge and lawyers that actually interrept them to their advantage.....and not the way most were written..

So what to do.....PUNT

[PJgunner]

Interesting thread. As I now teach Hunter Ed. I don't dare bend the laws any more. Never really broke them, but sure did bend 'em.
Regarding game wardens setting up fake deer to catch poachers, just my personal opinion, but it's entrapment and I don't give a damn that some judge says it ain't.
Loaded guns in vehicles. Probably just as many variations in the law on that as there are states. The ones I know about may have changes since I last hunted those states, some almost 30 years ago, but California, nothing in the magazine or chamber. Oregon, as of the last time I was there, ammo in magazine OK, but none in chamber. Washington State, like California, no ammo in gun at all, gun cannot be laoded and in back of vehicle, on the seat of the vehicle, or leaning against the vehicle while you're taking a break for lunch or bathrrom or whatever. FWIW, carrying a flashlight of any kind is prima facie evidence of jacklighting. Cannot use one to go to your stand before daylight or coming out after dark. Nevada, loaded magazine OK, but none in chamber. Arizona, AFAIK, no restriction. magazine and chamber both can be loaded. In the cases of the other states, it's been anywhere from 36 years since I hunted Kommiefornia and probably 15 years for Oregon and the laws may have changed.
Shooting from the road or from a vehicle is illegal, you can stop the vehicle and once you're clear of the "right of way" of the road, you can legally shoot, although a warden who is a penis can still charge you with road hunting. probably most won't but I know at least two that I work with in Hunter Ed that will arrest even their Great-grandmother for the slightest infraction. Nice guys otherwise, but do not even bend the law with them.
Arizona does not confiscate the hunter's firearm (or archery equipment) at the time of the crime. They do write down the serial number and description of the gun or bow. The judge at the time of the trial decides whether or not confiscation is is order. Conviction is a fine and possible loss of all hunting priviledges for five years. I believe they also notify all other states of the conviction which prevents them from hunting in some other state.
Fines run from $10 for each non-game bird or fish to $750 for each buffalo, elk, bighorn sheep eagle or endangered species.
The game and fish laws are in place for a reason. I would never knowingly break them. Please note the word "knowingly". I have a copy of the Arizona fish and game laws, and it's 106 pages long. The print is so small you almost need a microscope to read them. Mine is several years old now, and I'm quite sure even more laws have been added. Any game warden worth his salt who knows that book inside and out can nail you for something, if he wants to.
Paul B.

[fabsroman]

Yeah, I agree with you about the thickness of the legal books. Here in Maryland, the Natural Resources statute/legal book is two volumes while the Corporations, Associations, Partneship, and LLC statute/legal book is a single volume (i.e., the Natural Resources law is twice the size of the corporate law). If a person isn't an attorney, it is kind of tough to read the Natural Resources law. I never even knew those Natural Resources statutes existed until I went to law school.

[Darkwolf]

Actually, I'd like to ask a question (which doesn't come up north of the border), but...

Pretty much every state has a game law outlawing loaded guns in vehicles. Many of those same states have laws which permit use of firearms for self-defense, including concealed-carry laws and self-defense weapons in the car. Given that many handguns could be used for both sporting and hunting applications... how does it influence the law when a game warden wants to fine a guy, say carrying a loaded .44 magnum in his truck that the driver insists is fully within the law for self-protection?




Also, as regards the shooting deer out of season for "need", I would consider that a person trapped in the wilderness in a pure survival situation would be in the clear, but pretty much everyone else would be guilty. After all, a lot of non-game and varmint species are perfectly edible, and there's usually NO closed season on them....

I think that's what that guy in Wyoming who killed those two game wardens was claiming when they tried to arrest him...

[fabsroman]

Darkwolf,

It will all come down to the facts and how the judge interprets them. Did the handgun have a scope? Did the guy have hunting gear in the truck? So on and so forth.