Got caught hunting without a licence. Please read and give your input

[Goldy33]

Ok before you read the post and jump to conclussions please read and just help me with your input on what I should do. So here is what happened:

The day before opening fire arm deer hunting I went in to Wal-Mart to purchase a license at about 9 p.m. (I am a huge procrastinator). I have done this every year and have had no problems purchasing a license the 10 years I have bought one before. When they ran my license there was an error that popped up that the worker could not work passed. He then called the DNR number trying to correct the error, but the lady that worked for the DNR gave me a number and said I would have to call into the main office of the DNR and correct the problem before I would be able to purchase a license. The Wal-Mart employee and I eventually figured out that the reason that we were having problems was because they ha my name spelled incorrectly in the system (which I have never had a problem with before). When I called the number given to correct the problem I got a machine giving me their office hours and they would not be open till 8 a.m. monday (it was Friday night the night before opener). I was extremely frustrated that this had happened. This was going to be the first season I could hunt with my dad in my entire life and he was only going to be able to hunt opening weekend. Probably the wrong decision, but I went out hunting anyways, I had every intent to purchase a license, have never had a problem purchasing a license ill this year and I am very stubborn. About 10 a.m. opening day I got pulled over by a DNR officerand that was that. The DNR agent was very friendly and understood the situation, but had to do his job and write me a ticket. They also took my gun as well. That is the shortened version. I am fighting the ticket in court, hopefully at least getting my gun back. Has there been anyone out there that has got anything that can help me out here or anything? Should I just say guilty and I will get my gun back? anything anyone can give me will be great. Thanks for the time if you read this whole thing!

[Crm7290]

That seems like a pretty bad situation for you. But I would hope that a judge would probably let you off with a slap on the wrist because of the circumstances. I would consult a lawyer about this situation as chances are no one here is a much more than an armchair lawyer.

Did you harvest a deer that day? Could you argue that you were out hunting something that you had a license for and just being there for moral support with your dad?

[Goldy33]

The DNR officer asked me if I had hunted in the morning. It crossed my mind just to say no, but I was honest with him and said I was out there in the morning. Luckily I did not shoot a deer the morning. When he asked me what my plan was if I shot a deer, I told him I was going to party hunt and use someone elses tag. I really was not sure about the party hunt rules (but i would have guessed it wasnt allowed), especially without a license because I've never had to worry about that before. Also, there is a place in southern Wisconsin I hunt where if you hunt with a person that has a deer tag, a person may hunt with them that does not pocess a deer tag, but does have their fire arm saftey. I was just hoping that someone had it happened to them or knows someone that got caught hunting or fishing without a license, got something taken away, and knows if they get back whatever was taken away. It should be interesting what the judge decides... hopefully in my favor lol.

[Loose]

never admit to anything, remember anything you say can and will be used against you in a court of law.

[Crm7290]

I actually dont even hunt. Mostly on here for fishing but I am interested in hunting a bit. But I think that although you did do the right thing by being honest, you could have gotten away with just saying yes I did hunt but it was mostly for scouting and not to actually shoot anything. The party hunting part seems to have incriminated you a bit.

[hockeybc69]

No license. No hunting.

Just imagine the stories a CO gets to hear every year.

Nothing says you couldnt have gone out with your Dad and sat with him if this was such an important occasion.

I buy all my licenses way early for everything.

Its your fault you procrastinated.

Sorry to be so brash. But in a court of law, I think you are going to be asked the same thing.

"Was there any reason you had to wait until the last minute to take care of this?"

Its not as if its the computer systems problem. 25 years ago when we used tags, if you waited till the last minute, you could have found a license agent that was out of tags.

Its up to you to plan so you can be successful in the end.

[merkman]

You asked for My honest opinion right?

You sound like an honest person.

Man up and take responsibility for what you did.

The world would be a better place if more people just admitted when they were wrong, pay the fine, do the time, learn from it, move on, and make sure it don't happen again.

That is my two sense.

[Tom Buckles]

This seems like a black and white situation. What is there to fight in court? You were hunting without a license.

[fishinfey8]

No license. No hunting.

Just imagine the stories a CO gets to hear every year.

Nothing says you couldnt have gone out with your Dad and sat with him if this was such an important occasion.

I buy all my licenses way early for everything.

Its your fault you procrastinated.

Sorry to be so brash. But in a court of law, I think you are going to be asked the same thing.

"Was there any reason you had to wait until the last minute to take care of this?"

Its not as if its the computer systems problem. 25 years ago when we used tags, if you waited till the last minute, you could have found a license agent that was out of tags.

Its up to you to plan so you can be successful in the end.

I hate to say it...but he's right. The judge will appreciate your honesty, but the law is the law. It was noble of you to admit to the dnr officer that you were hunting. Not very many people would've done that. I'm guessing you won't be procrastinating buying a license again!

[Crm7290]

I think that this guy knows that he was wrong. He was wondering what his chance of getting his gun back was and if there has been people in similar situations.

What exactly is your ticket for?

[Goldy33]

Ya your probably right BC. I don't have a problem paying the ticket, there were extenguating circumstances but I was still in the wrong. The major thing is just getting my gun back. It was given to me as a graduation gift from a family member that passed away. And yes I did put it off till last minute and buying the license ahead of time would be the smart decision, however, I still attempted to buy a license in the legal time frame and it was the DNR's mistake that I was unable to get it. If the judge asks why I put it off so late I'll just say I was not really sure where I was going to hunt until literally last minute, I usually hunt with my step dad up north and with my dad being an on the road truck driver he was not for sure if he would be back (its happened before). And ive done it that way for years with no problems. Hopefully he doesnt ask what I'm going to college for cause I changed my degree to criminal justice this semester.

[Goldy33]

Ticket is for attempt to take big game without a license. The officer also gave me a Custody/seizure slip with all the information about taking my gun (make, model, date seized,etc) and he made it clear that I should not lose this.

[Crm7290]

Hopefully this doesn't keep you from getting a job in law enforcement....Might be time for another switch.

[Goldy33]

Im not looking for a job in law enforcement specifically. I did talk to a policeman wondering if I did decide to go into it would this affect me and he said no. As long as some time passes and I show I learned from the mistake and it didnt happen again. Obviously if it was a felony there would be no chance, but I'm not looking to be in law enforcement.

[Crm7290]

My roommate claims that they lie detector you and ask all kinds of questions that shouldnt matter, like did you drink underage, have you ever been convicted of a crime etcetc.

He basically lives in fear of getting in trouble with the law and doesnt live a normal college life because of it. Thats not saying you have to party in college but its something you will have to get out of your system at one point or another.

Im a biology major. We do what we want :-)

[Goldy33]

haha, ya it does help to have a clean record ocviously. They do put you on a lie detector test and actually one of my current professors was never able to become a cop because of that and what happened growing up. He grew up in the ghetto of New York though and claims that everyone he knew growing up was now in jail or dead (so I'm sure he was in some heavy stuff). I do know a person that has 3 minor consumptions and is a police officer in Minnesota. Ive been told if you have a felony, multiple driving citations/accidents, you have no chance. If you do have minor things on your history they will get overlooked with time. Credit checks is also a huge thing that hurts people getting in, but that to can go away after time and prove your responsable by paying off your debt.

[RumRiverRat]

This seems like a black and white situation. What is there to fight in court? You were hunting without a license.

Yep.

Going to be hard to get your gun back I think.

[Scoot]

I totally agree with the above info- you screwed up, sounds like you understand that. You got caught for your mistake and now you'll pay for that, one way or another.

I'd suggest you plead "guilty, with explanation". Explain to the judge why you did what you did and the goofy circumstances surrounding it, that understand that what you did was a mistake and illegal, that you feel remorse for doing it and regret it. Make sure to point out that you have never done anything like this before (assuming that's true), that you have a clean record (assuming that's true), that no alcohol or drugs were involved (that might sound totally irrelevant, but it's definitely worth pointing out), and you hope that given all of this info the judge will allow you to get your gun back.

Odds are good that no matter what you do, you won't get your gun back. The truth is, you broke the law and got caught- now you're paying the consequences. Maybe cut your losses, consider it a life lesson, and move on. My .02.

[Surface Tension]

I went to buy a Small Game License for my Son on-line and couldn't. We've bought his Firearm Deer License in previous years with out any problems. He is 14 years old and has his Firearm Safety. A change this year that DNR requires Youth to have that SG license. So I figure their on-line system if buggy and try again in a few days, still no go. Later I tried to get his license at the local bait shop and couldn't. So I have to wait till the DNR is open to call and see whats going on.

Having to explain my situation every time I was transferred to another Dept and not getting very far, well when you end up back to the dept you called in the first place you start to wonder. I got to the point that sometime in the last year the DNR mixed up my son's file and merged it onto my file. I was to wait a few days for this change to take place. The Grouse Opener is over and gone. I try to buy the license on-line again, no go. I try the local bait shop, no go. I have to wait till the DNR is open again to call. I make the call and of coarse the same run around.

Will it work this time? I go the baitshop and try again. Yes, Finally!

At some point do I feel that I made a reasonable amount of effort to get this SG license, enough to justify my son going afield without it. Absolutely, I went above and beyond what one should have to do.

We all should be able to purchase a license without delay. You should look into that how the records were goofed at the DNR this year and present that. Would I have Firearm Deer Hunted without one, not without some type of proof that attempts was made. Co's hear every excuse there is and then some. You still might get the ticket but in court you have something to fight the charge with.

This reminds me of a time years ago when Non Residents Fishing Lic weren't available in MI. It was Spring and I was on a Steelhead trip. We were legally able to fish without one because of that.

[magnum mike]

I would try to get a statement from the person at Wal-Mart and get it notarized. I would also contact the DNR and see if they have any record of your attempt to purchase a license. While talking with the DNR I would also get a statement from them to prove they had your name entered wrong in the system. Have all this information ready for your day in court and I have the greatest confidence the judge will return your gun. You will likely have to pay the fine. Consider it a lesson learned and move on.

[nonteepical]

Sounds to me your excuse is I'm a nice guy and screwed up so let me get away with it. Like the lady who gets pulled over and unbuttons her blouse a bit and when that dosen't work she bawls uncontrollably. If I was a procrastonater and did my taxes on april 15 and found out i owed money and didn't have it in my checkbook, should i get away with not oweing it? "Oops sorry IRS i'm a procrastonator..."

There's problems with the ELS system and most of it is the people running the machine, this has happened to me and i go someplace else and get my liscence.

[Bear55]

I would try to get a statement from the person at Wal-Mart and get it notarized. I would also contact the DNR and see if they have any record of your attempt to purchase a license. While talking with the DNR I would also get a statement from them to prove they had your name entered wrong in the system. Have all this information ready for your day in court and I have the greatest confidence the judge will return your gun. You will likely have to pay the fine. Consider it a lesson learned and move on.

This sounds like great advice to me! It certainly wasn't the best idea to hunt in the morning but if you plead your case and have plenty of evidence you might get your gun back.

I wonder if you could have called the CO that night or opening morning and explain your situation, maybe you could have gotten some kind of note. Really what else can you do if the DNR isn't going to sell you a license?

[Dylan33]

Don't hunt?

[Tom7227]

FYI it appears that the young man paid the ticket and so all this advice about how to deal with that is not being helpful. He is asking about getting his gun back.

When you encountered the CO two cases were started against you. The first was the tag and that is dealt with in the criminal court system. The second was the seizure of the gun and that is in the civil court system.

In order to have any chance at all of getting the gun back you have to follow the instructions on the sheet you were given about the seizure of the gun. The first thing you have to do is to appeal that seizure and there are time limits that you have to follow to be able to even start the process. I suspect that you may be beyond the time limit. If not read the instructions and do what it says. If you do it correctly you will end up in front of a judge who may or may not chose to return your gun. BTW there are some court fees for filing the stuff so be prepared to spend some money to get things going.

[harvey lee]

I would simply go to court and try to prove thast you made attempts to get a license before you went hunting

I am sure you will pay the fine but if you plead guilty, the judge just might have a bit of pity and have the DNR return your gun.

My bet is you will lose but it would be worth the attempt.

You can only hope that the judge just might understand. I highly doubt the DNR will as I am sure they here this type story many times in a season.

I do not need to tell you that in the end, you hunted big game without a license and they do not know that you were going to or tried to purchase a license and that you would have to prove.

Good luck and I wish you the best in getting your gun back. If you do not get it back and there is alot of memory in recieving this gun, you could possibly purchas eit back if the DNR still auctions them.