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.

The game warden is following the letter of the law. A stick is not a plug.

That's just a game warden being a prick.

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!

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...

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.

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

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)!

X2

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?

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.

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

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.

Exactly or break it... tough luck bet he gets him a good plug now

That would only matter if it can be removed without disassembling the shotgun. Whether or not the plug, in this case a stick of some sort, could be found in the parking lot, as long as it cannot be removed without disassembling the gun and does not allow more than three total shells, it should be good given the way the law is written.

Plus, if it wasn't broken AFTER they hunted and until the warden broke it, doesn't it seem like he was trying to comply rather than break the law?

Nailed it. That game warden is an a-hole just like the rest of them. We had this conversation last week.

I would let a jury decide my fate, not a game warden.

Looks like your friend was trying to do the right thing, but the stick still broke, making the capacity illegal. I'd just pay the ticket, and chalk it up to a lesson learned. The ticket is only around $200.

Typical response from you as always...

What county was this in?

My guess is the GW has a different story...

Funny cuz iv met ALOT of these a-holes.... all which have been nice fellas doing their job. Come off the high horse and stop trying to put out a fire with gas.

The kicker is it broke. No way he could have broken a factory plug or a dowell rod even. Crappy circumstance and flimsy stick for plug.

I just re-read the original post. Did they get checked as they were returning from hunting or before they left the boat ramp?

Depending on which it is:

1) If it was before they hunted, and the GW broke the stick plug, the guy wasn't hunting, so how is that a violation if he hadn't taken a shot yet?

2) If it was after they hunted and everything was legal, then the GW forcibly broke the stick plug, it seems clear that the hunter was legal until the GW made his gun illegal. How is this different from the GW disassembling the gun, removing the plug and writing a ticket? Or my other example, a cop braking your taillight and writing you a ticket for a broken taillight?