BucksnDucks Posted October 12, 2009 Share Posted October 12, 2009 I think ur story changed alil bit though, in ur initial post you stated how the guy was already out of the water and loaded his boat, but now ur sayn that he was coming to shore and the CO spotted him? So whats the real story now? It sounded to me like you all were sittn around shootn the breeze and the warden should up after the fact he was out of the water and ur conversation had ended. Quote Link to comment Share on other sites More sharing options...
The_Duckslayer Posted October 12, 2009 Author Share Posted October 12, 2009 He was pulling his boat out of the water when we were motoring up to the dock. Once he had the boat out of the water we helped him get it on the trailer correctly and shoot the breeze for a moment about our morning hunts. It was then that the CO approached the boat to check things out. The CO was at the landing, though not at the dock, when the guy pulled in. The CO was watching all of us as he was checking some other hunters that had come back in ahead of us. No story change... the CO did come to the boat after it was out of the water but he was there on site long before that. Sorry if I did not make that clear in the beginning. Take care and N Joy the Hunt././Jimbo Quote Link to comment Share on other sites More sharing options...
a47mlb Posted October 12, 2009 Share Posted October 12, 2009 It's called "totality of the circumstances". It's not just one thing in itself, like just having lead. It's everything observed coming together to form "intent". I think that's what the CO is looking at. With everything the guy had, and may have said, he clearly showed intent that he was waterfowl hunting, if the OP is being completely truthful in his story, of course.So when you're going across a lake in a boat with lead and a shotgun to hunt upland, you're probably going to have blaze orange with you, probably not any hip waders, etc.. You can show intent that you're upland hunting, not waterfowl hunting.No, I'm not a lawyer, but I did stay at a Holiday Inn Express last night. Quote Link to comment Share on other sites More sharing options...
kosterguide Posted October 12, 2009 Share Posted October 12, 2009 see i read in the first message that it did not include that he was covered in camo and had decoys some important info was left out. i would aggree now that he was guilty, if it would of said that right of way i would never said a thing Quote Link to comment Share on other sites More sharing options...
JimBuck Posted October 12, 2009 Share Posted October 12, 2009 No, I'm not a lawyer, but I did stay at a Holiday Inn Express last night. Comment of the day. Quote Link to comment Share on other sites More sharing options...
paul pachowicz Posted October 13, 2009 Share Posted October 13, 2009 seeing the supplementation after a few questions I'm beginning to look at this senario with a jaundiced eye. Am I a lawyer, no, have I ever been a cop, yes, have I ever testified in a court of law, yes, have I ever been associated with defense/prosecutors, yes, has my testimoney ever been skewed by defense lawyers, yes have I ever lost a case to a better defense than prosecutors, yes. I still do not see any corroboration to establish they were engaged in hunting. No dead ducks in possesion, no one observed them actively shooting, see his decoy spread or see them in a blind. I think a good defense good cloud the issues. It doesn't matter what he said to any one. I guess he would have the option for a court case. Remember O.J.?.....LOL...just stirring the pot alittle. Quote Link to comment Share on other sites More sharing options...
duckhunter889900 Posted October 13, 2009 Share Posted October 13, 2009 Give It up Paul, The Guy pretty much got caught redhanded. If you were a hunter you would know that this is a no no Quote Link to comment Share on other sites More sharing options...
paul pachowicz Posted October 13, 2009 Share Posted October 13, 2009 OK..I give up. LOL.....no harm no foul. I was just stirrin things up alittle. But, yes, I don't know jack o lantern about waterfowling. Rules sound kinda complicated to me. Quote Link to comment Share on other sites More sharing options...
The_Duckslayer Posted October 14, 2009 Author Share Posted October 14, 2009 OK..I give up. LOL.....no harm no foul. I was just stirrin things up alittle. But, yes, I don't know jack o lantern about waterfowling. Rules sound kinda complicated to me. You mean like you can get 6 ducks but only 2 of them can be wood ducks and then only 1 of the wood ducks can be a hen, or you can get 4 mallards of which only 1 of them can be a hen and like that... The hunting rules are actually pretty simple it's the limits that you have to be careful with Without going into a long winded dissertation on how it is known, the guy was out there and he was hunting and he was in violation of a lot of rules. Take care and N Joy the Hunt././Jimbo Quote Link to comment Share on other sites More sharing options...
big drift Posted October 14, 2009 Share Posted October 14, 2009 It goes to intent... Quote Link to comment Share on other sites More sharing options...
Musky Buck Posted October 14, 2009 Share Posted October 14, 2009 Haven't shot a duck in years, I was unaware of 1 hen woody 1 drake woody. Thanks for that The Duckslayer but the wood duck is almost extinct in my area anyway as the beaver went so did the woodies. Quote Link to comment Share on other sites More sharing options...
Leaddog Posted October 14, 2009 Share Posted October 14, 2009 You can't have lead shot in pocession while pursuing waterfowl. You figure that is not on your person but some COs include shells in your truck as in pocession. Recommend you do your grouse jaunts with steel just in case. Quote Link to comment Share on other sites More sharing options...
broken_line Posted October 14, 2009 Share Posted October 14, 2009 You can't have lead shot in pocession while pursuing waterfowl. You figure that is not on your person but some COs include shells in your truck as in pocession. Recommend you do your grouse jaunts with steel just in case. how does this differ hunting 2 miles from the tuck in a boat or 1000 yards from my house?? both always have a box of 5s after the 9th... Quote Link to comment Share on other sites More sharing options...
169Sportsman Posted October 14, 2009 Share Posted October 14, 2009 Quote: =The_Duckslayer You mean like you can get 6 ducks but only 2 of them can be wood ducks and then only 1 of the wood ducks can be a hen, or you can get 4 mallards of which only 1 of them can be a hen and like that... The hunting rules are actually pretty simple it's the limits that you have to be careful with Without going into a long winded dissertation on how it is known, the guy was out there and he was hunting and he was in violation of a lot of rules. Take care and N Joy the Hunt././Jimbo Just so everyone is clear you can shoot 2 HEN wood ducks. I just double checked to make sure because I thought that you still could. Goes to show that people really need to double check what they read on-line!(And I am not in any way shape or form bashing duckslayer) There is just a lot of info on-line that isnt quite right on. Pretty soon the waterfowl supplement will be as thick as the Regulation book. Quote Link to comment Share on other sites More sharing options...
chillincarp870 Posted October 14, 2009 Share Posted October 14, 2009 my friend got busted because he accidently had a lead target load in his shell box. just one. it happened to be a day when he took the 10 guage out and the shell was for a 12 ga. the CO said alot of people use target loads for shooting cripples on the water. my friend was confused due to the shell would not fit in his gun. He already paid the ticket cause he didn't want to deal with it. Quote Link to comment Share on other sites More sharing options...
The_Duckslayer Posted October 14, 2009 Author Share Posted October 14, 2009 Just so everyone is clear you can shoot 2 HEN wood ducks. I just double checked to make sure because I thought that you still could. Goes to show that people really need to double check what they read on-line!(And I am not in any way shape or form bashing duckslayer) There is just a lot of info on-line that isnt quite right on. Pretty soon the waterfowl supplement will be as thick as the Regulation book. My bad! I did not realize that. Thanks for the update, turns out I could have shot another wood duck Tues if I had known that but all that I was seeing was hens! No bash taken! Take care and N Joy the Hunt././Jibmo Quote Link to comment Share on other sites More sharing options...
a47mlb Posted October 14, 2009 Share Posted October 14, 2009 my friend got busted because he accidently had a lead target load in his shell box. just one. it happened to be a day when he took the 10 guage out and the shell was for a 12 ga. the CO said alot of people use target loads for shooting cripples on the water. my friend was confused due to the shell would not fit in his gun. He already paid the ticket cause he didn't want to deal with it. Was he hunting with a buddy or by himself? If he was with a buddy, what was the buddy shooting? Maybe a 12 ga.? Quote Link to comment Share on other sites More sharing options...
chillincarp870 Posted October 15, 2009 Share Posted October 15, 2009 by himself. i talked to him more about it last night and the CO said that it was in his possession and even if he can't shoot it its illegal to have lead shot in your possession while hunting waterfowl. that is why he didn't fight it. He learned a lesson and so did I no lead shot at all in your shell box. Quote Link to comment Share on other sites More sharing options...
jparrucci Posted October 15, 2009 Share Posted October 15, 2009 Chillincarp870, had the same thing happen to somebody I know, they had ONE .410 shell in the blind bag, nobody with had a .410 with. There was obviously no intent, but a ticket was issued anyways. There is some discretion that the CO can use in situations like this, and it appears they were really pushing it in these cases. It is one thing if there is obviously some intent or a chance that it could be used for waterfowl, but come on. It is reasons like these that people distrust or dislike some law enforcement. Was the officer right to give the ticket. Yes, a law that is clear was obviously broken. The officer could write a ticket for a violation of a law. But a little common sense and discretion is needed in something like this. Quote Link to comment Share on other sites More sharing options...
wplatehunter Posted October 17, 2009 Share Posted October 17, 2009 Wow. I'm sure the CO loved running into him. Quote Link to comment Share on other sites More sharing options...
Cheers Posted October 18, 2009 Share Posted October 18, 2009 Read the first post, 6 laws broken ! Quote Link to comment Share on other sites More sharing options...
harvey lee Posted October 19, 2009 Share Posted October 19, 2009 NO matter how one looks at it, hunter or not, this guy broke about every law he could have. Quote Link to comment Share on other sites More sharing options...
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