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#5428863 - 11/18/14 11:52 AM Game Warden Actions - Questionable or Legal?
dfwguy Offline
Bird Dog

Registered: 09/22/10
Posts: 478
Loc: DFW
This didn't happen to me, but to a friend this past weekend. Interested to get the general thoughts on it.

They got checked at the boat ramp and everything seemed to be legal. Turns out my friend had a stick instead of a proper plug in as his plug. When the GW went to check his gun for the plug, the stick stopped the GW's measuring stick initially at a legal length. The GW shoved it in again and broke the "stick plug" in his gun. GW proceeded to issue a (relatively expensive) ticket to the guy for not having a plug in his shotgun.

Thoughts?

Initial thoughts are that he had a barrier in there while hunting that prevented him from putting more than 2 shells in the magazine. The GW had to essentially 'break' his equipment to make it illegal.

Other hand is that it didn't prevent the GW from forcing it by hand to be illegal.


Edited by dfwguy (11/18/14 11:53 AM)
Edit Reason: Clarification

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#5428879 - 11/18/14 11:57 AM Re: Game Warden Actions - Questionable or Legal? [Re: dfwguy]
Gdogg Offline
Extreme Tracker

Registered: 02/04/05
Posts: 4557
Loc: Liberty Hill
The game warden is following the letter of the law. A stick is not a plug.

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#5428880 - 11/18/14 11:57 AM Re: Game Warden Actions - Questionable or Legal? [Re: dfwguy]
Erichugh22 Offline
Veteran Tracker

Registered: 09/14/10
Posts: 2332
Loc: Duck blind
That's just a game warden being a prick.

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#5428881 - 11/18/14 11:57 AM Re: Game Warden Actions - Questionable or Legal? [Re: dfwguy]
DuckCoach1985 Offline
Pro Tracker

Registered: 10/09/13
Posts: 1414
Loc: SMTX
Sounds like one of those things.. he can rightfully do that, as the law says it must PREVENT the use of more than three shells. Is he being a D%$# about it? You bet!
_________________________
Cut 'Em!!!

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#5428896 - 11/18/14 12:00 PM Re: Game Warden Actions - Questionable or Legal? [Re: Gdogg]
LuckyDucker Offline
Pro Tracker

Registered: 01/04/05
Posts: 1479
Originally Posted By: Gdogg
The game warden is following the letter of the law. A stick is not a plug.

What is the definition of a plug then? It prevented 4 shells, until he broke it.
A-hole GW in my opinion... He'd probably write me up just because I can float a 4th...

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#5428900 - 11/18/14 12:01 PM Re: Game Warden Actions - Questionable or Legal? [Re: LuckyDucker]
dfwguy Offline
Bird Dog

Registered: 09/22/10
Posts: 478
Loc: DFW
Originally Posted By: LuckyDucker
Originally Posted By: Gdogg
The game warden is following the letter of the law. A stick is not a plug.

What is the definition of a plug then? It prevented 4 shells, until he broke it.
A-hole GW in my opinion... He'd probably write me up because I can float a 4th...


That was what I was thinking...does it have to be made out of plastic or metal? Sounds like he broke the equipment to me.

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#5428907 - 11/18/14 12:04 PM Re: Game Warden Actions - Questionable or Legal? [Re: dfwguy]
Erichugh22 Offline
Veteran Tracker

Registered: 09/14/10
Posts: 2332
Loc: Duck blind
Originally Posted By: dfwguy
Originally Posted By: LuckyDucker
Originally Posted By: Gdogg
The game warden is following the letter of the law. A stick is not a plug.

What is the definition of a plug then? It prevented 4 shells, until he broke it.
A-hole GW in my opinion... He'd probably write me up because I can float a 4th...


That was what I was thinking...does it have to be made out of plastic or metal? Sounds like he broke the equipment to me.


Just has to prevent more than 3 shells total and can not be removed without disassembling the gun, no where does it say what it can and can't he made of. I've used pencil, Dowell rods, sticks, all kinds of things.

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#5428909 - 11/18/14 12:04 PM Re: Game Warden Actions - Questionable or Legal? [Re: dfwguy]
DuckCoach1985 Offline
Pro Tracker

Registered: 10/09/13
Posts: 1414
Loc: SMTX
doesn't have to be - they used to be made out of wood, but it hast to be sturdy enough to where you can't force a fourth shell in there
_________________________
Cut 'Em!!!

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#5428916 - 11/18/14 12:06 PM Re: Game Warden Actions - Questionable or Legal? [Re: dfwguy]
DuckCoach1985 Offline
Pro Tracker

Registered: 10/09/13
Posts: 1414
Loc: SMTX
In one of my guns i have a bic pen with a cap on each end. Works fine. In another, i cut off about 8 inches of a broken easton axis full metal jacket arrow. Might be the most expensive plug out there (it was an emergency)!
_________________________
Cut 'Em!!!

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#5428924 - 11/18/14 12:09 PM Re: Game Warden Actions - Questionable or Legal? [Re: DuckCoach1985]
dogcatcher Online   content
THF Celebrity

Registered: 07/17/06
Posts: 77580
Loc: Abilene or on the road...
Originally Posted By: DuckCoach1985
doesn't have to be - they used to be made out of wood, but it hast to be sturdy enough to where you can't force a fourth shell in there


X2
_________________________
Combat Infantryman, the ultimate hunter where the prey shoots back.
"Illegitimus non carborundum est"

_______ Old style calls for today's outdoorsman_________

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#5428942 - 11/18/14 12:14 PM Re: Game Warden Actions - Questionable or Legal? [Re: dfwguy]
Duck_Hunter Online   content
Veteran Tracker

Registered: 10/30/14
Posts: 3393
All it says is:

"Shotguns capable of holding more than three shells must be plugged with a one-piece filler which cannot be removed without disassembling the gun, so the gun's total capacity does not exceed three shells."

Page three, right column: http://www.tpwd.state.tx.us/publications/pwdpubs/media/pwd_bk_k0700_1014.pdf

My opinion is based on your telling of the story, which is all we have to go on.

If the stick he was using as a plug didn't allow more than two shells (prior to being forcibly broken by the Game Warden) and it was a one-piece rod that he could only remove by disassembling the gun, then I don't see how the ticket is lawful.

How is this different than a cop breaking your taillight with his nightstick and then writing you a ticket for having a broken taillight?
_________________________


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#5428953 - 11/18/14 12:19 PM Re: Game Warden Actions - Questionable or Legal? [Re: dfwguy]
John Humbert Offline
Pro Tracker

Registered: 12/13/10
Posts: 1631
I don't know because I wasn't there and don't know all the circumstances. But look at it from the GW point of view. Someone is using a plug that has some "thought" and premeditation to it, then it is clear they are complying or attempting to comply with the law. A "stick" can be picked up at the last moment as someone sees the GW coming. There is no advance thought or planning.

And while a stick must be just as effective as any other plug, if it so easily broken, and the GW suspects that it might have been a "last minute" attempt to avoid a ticket - he'll write you up. Heck, I probably would if I was him if I thought it was a dodge.

But a ticket is not a conviction. If you truly feel it was wrong, then go to court and plead your case. Gather your evidence and tell it to the judge - you might prevail.

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#5428954 - 11/18/14 12:19 PM Re: Game Warden Actions - Questionable or Legal? [Re: LuckyDucker]
Gdogg Offline
Extreme Tracker

Registered: 02/04/05
Posts: 4557
Loc: Liberty Hill
Originally Posted By: LuckyDucker
Originally Posted By: Gdogg
The game warden is following the letter of the law. A stick is not a plug.

What is the definition of a plug then? It prevented 4 shells, until he broke it.
A-hole GW in my opinion... He'd probably write me up just because I can float a 4th...


I agree he was an A-hole and I'm not siding with the warden, but right or wrong it is his interpretation.

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#5428968 - 11/18/14 12:24 PM Re: Game Warden Actions - Questionable or Legal? [Re: dfwguy]
jtprocaddie Offline
Tracker

Registered: 12/22/13
Posts: 691
Loc: Houston, Texas
Go to court, it will be your buddy's word against his. Your buddy will lose every time. I have an ap on my phone that is on my home page, anytime a warden comes up to me or police officer you just have to press the ap and it starts video and voice recording everything.. Now video doe snot help in your pocket but the voice sure does. I had a cop give me a ticket for "speeding" but he pulled me over because I flashed my lights (which is now legal) to warn another car about him. When he came up to my window he even said I pulled you over because you were flashing your lights to warn others. I plaid that for the judge and he threw out the speeding ticket.
_________________________
Joseph Trousdale
TXGameHunters.com

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#5428971 - 11/18/14 12:27 PM Re: Game Warden Actions - Questionable or Legal? [Re: DuckCoach1985]
Navasot Offline
Natty Love

Registered: 09/22/11
Posts: 25963
Loc: Normangee/Navasota TX
Originally Posted By: DuckCoach1985
doesn't have to be - they used to be made out of wood, but it hast to be sturdy enough to where you can't force a fourth shell in there


Exactly or break it... tough luck bet he gets him a good plug now
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http://www.j5tractors.com/

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