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Re: UPDATE: Game Warden Run In
[Re: wisco-hunter]
#5400758
11/05/14 07:28 PM
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Joined: Nov 2008
Posts: 44,461
rifleman
Sparkly Pants
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Sparkly Pants
Joined: Nov 2008
Posts: 44,461 |
So basically they just waste ink printing the HE # on a license?
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Re: UPDATE: Game Warden Run In
[Re: rifleman]
#5400766
11/05/14 07:35 PM
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Joined: Oct 2010
Posts: 20,988
BuckRage
THF Celebrity
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THF Celebrity
Joined: Oct 2010
Posts: 20,988 |
So basically they just waste ink printing the HE # on a license?
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Re: UPDATE: Game Warden Run In
[Re: wisco-hunter]
#5401084
11/05/14 10:06 PM
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Joined: Oct 2010
Posts: 750
RDNCK
Tracker
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Tracker
Joined: Oct 2010
Posts: 750 |
I believe he said his HE was from another state. My HE# is not on my license so no ink wasted there!
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Re: UPDATE: Game Warden Run In
[Re: Play Maker]
#5401112
11/05/14 10:14 PM
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Joined: Oct 2010
Posts: 750
RDNCK
Tracker
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Tracker
Joined: Oct 2010
Posts: 750 |
Assumption is not a reason to issue a citation. Furthermore, proof of Hunter Ed. certification is only required when hunting, not filling feeders, not checking game games. There is a distinct and recognizable difference between the act of hunting and making preparations for a hunt as in the case of the OP. Maybe wrong choice of words then. The GW doesn't have or see at the time that he has taken HE. He plainly has hunted and killed a deer as proven by his license therefore has to provide proof of having completed HE.
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Re: UPDATE: Game Warden Run In
[Re: RDNCK]
#5401336
11/06/14 12:07 AM
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Joined: Feb 2011
Posts: 1,400
Play Maker
Pro Tracker
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Pro Tracker
Joined: Feb 2011
Posts: 1,400 |
Assumption is not a reason to issue a citation. Furthermore, proof of Hunter Ed. certification is only required when hunting, not filling feeders, not checking game games. There is a distinct and recognizable difference between the act of hunting and making preparations for a hunt as in the case of the OP. Maybe wrong choice of words then. The GW doesn't have or see at the time that he has taken HE. He plainly has hunted and killed a deer as proven by his license therefore has to provide proof of having completed HE. I agree with you up to a point. However, proof of H.E. certification or deferral is only required to be on your person while hunting. He was not hunting when contacted by the GW. I'll leave it at that.
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Re: UPDATE: Game Warden Run In
[Re: Play Maker]
#5401385
11/06/14 12:27 AM
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Joined: Oct 2009
Posts: 6,314
KG68
THF Trophy Hunter
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THF Trophy Hunter
Joined: Oct 2009
Posts: 6,314 |
Assumption is not a reason to issue a citation. Furthermore, proof of Hunter Ed. certification is only required when hunting, not filling feeders, not checking game games. There is a distinct and recognizable difference between the act of hunting and making preparations for a hunt as in the case of the OP. Maybe wrong choice of words then. The GW doesn't have or see at the time that he has taken HE. He plainly has hunted and killed a deer as proven by his license therefore has to provide proof of having completed HE. I agree with you up to a point. However, proof of H.E. certification or deferral is only required to be on your person while hunting. He was not hunting when contacted by the GW. I'll leave it at that. How did he kill that deer when he wasn't hunting?
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Re: UPDATE: Game Warden Run In
[Re: wisco-hunter]
#5401388
11/06/14 12:29 AM
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Joined: Nov 2005
Posts: 32,602
sig226fan (Rguns.com)
duck & cover
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duck & cover
Joined: Nov 2005
Posts: 32,602 |
There is no way we know the totality of the circumstances as viewed by the officer at the time of the issuance of the citation/summons. And he can't legally come on here and defend his actions. The OP seemed happy with the results of the overall thing, I am not going to judge until the whole story is out, and in this case, it may never be!
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Re: UPDATE: Game Warden Run In
[Re: Play Maker]
#5401457
11/06/14 12:55 AM
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Joined: Oct 2010
Posts: 750
RDNCK
Tracker
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Tracker
Joined: Oct 2010
Posts: 750 |
Assumption is not a reason to issue a citation. Furthermore, proof of Hunter Ed. certification is only required when hunting, not filling feeders, not checking game games. There is a distinct and recognizable difference between the act of hunting and making preparations for a hunt as in the case of the OP. Maybe wrong choice of words then. The GW doesn't have or see at the time that he has taken HE. He plainly has hunted and killed a deer as proven by his license therefore has to provide proof of having completed HE. I agree with you up to a point. However, proof of H.E. certification or deferral is only required to be on your person while hunting. He was not hunting when contacted by the GW. I'll leave it at that.
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Re: UPDATE: Game Warden Run In
[Re: wisco-hunter]
#5401818
11/06/14 03:04 AM
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Joined: Oct 2013
Posts: 1,850
Merican Duck Hunter
Pro Tracker
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Pro Tracker
Joined: Oct 2013
Posts: 1,850 |
what happened to the original post? I cant go back and see the responses to my post or any of the others?
Arise.Kill.Eat -Acts 10:13 I have read a bunch of stuff on the internet about Star Wars but that does not mean I can skin a deer with a light saber.
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Re: UPDATE: Game Warden Run In
[Re: Merican Duck Hunter]
#5401841
11/06/14 03:10 AM
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Joined: Oct 2009
Posts: 6,314
KG68
THF Trophy Hunter
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THF Trophy Hunter
Joined: Oct 2009
Posts: 6,314 |
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Re: UPDATE: Game Warden Run In
[Re: wisco-hunter]
#5401860
11/06/14 03:15 AM
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Joined: Jul 2010
Posts: 6,872
HuntnFly67
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jul 2010
Posts: 6,872 |
Canan is a good guy. He was a neighbor when he was on the Johnson County beat. Glad it got ironed out.
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Re: UPDATE: Game Warden Run In
[Re: wisco-hunter]
#5402207
11/06/14 12:12 PM
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Joined: Jan 2009
Posts: 12,177
kry226
The General
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The General
Joined: Jan 2009
Posts: 12,177 |
Am I the only boy who has lost IQ points trying to keep up with this debacle?
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Re: UPDATE: Game Warden Run In
[Re: wisco-hunter]
#5402249
11/06/14 12:42 PM
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Joined: Mar 2010
Posts: 12,386
ntxtrapper
THF Celebrity
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THF Celebrity
Joined: Mar 2010
Posts: 12,386 |
Based on the lame explanation by the OP after talking with the Game Warden Captain, he got what he deserved. If not, he would have been on here talking about how right he was and how the Game Warden is an idiot. My guess is he is paying for a ticket for hunting without a HE on person.
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Re: UPDATE: Game Warden Run In
[Re: wisco-hunter]
#5402487
11/06/14 02:53 PM
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Joined: Nov 2014
Posts: 1
BanjoOnTheBayou
Green Horn
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Green Horn
Joined: Nov 2014
Posts: 1 |
Due to general public outrage and vitriol in the original post towards Game Wardens and other law enforcement this needs to be addressed so people can rest assured the universe has not turned upside down.
There were actually two Game Wardens there. The OP who created the original thread had actually killed a very large buck during Archery season illegally. The large buck was unlawfully killed due to not having an Archery Stamp. The harvest log was also improperly filled out and marked as a spike. The meat was not seized, nor was the rack. Civil restitution which amounts to $6000+ has not been filed.
A No Archery Stamp citation & Hunter Education citation were issued along with a warning for a harvest log violation. There was no mention of having to drive and appear in person in Jack Co. They do have telephones and fax machines just like anywhere else.
Why someone would say otherwise is disappointing at best.
Hunter Education can be dismissed by simply showing proof you have already taken the class or even successfully taking the class after the fact. Out of State Hunter Education numbers will not print out on a Texas license. If you want the HE numbers on your license you must take a Texas course for that to happen (which a completely online course is available for adults).
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Re: UPDATE: Game Warden Run In
[Re: wisco-hunter]
#5402550
11/06/14 03:14 PM
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Joined: Apr 2011
Posts: 29,042
Western
THF Celebrity
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THF Celebrity
Joined: Apr 2011
Posts: 29,042 |
OK, that sounds "official" for some kind of reason, may be my LEO background, but that is too concise to be rhetoric. If true, it is severely disappointing.
If at first you dont succeed, then skydiving is not for you..
"Don't trust everything you read on the Internet"- Abraham Lincoln Dennis
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Re: UPDATE: Game Warden Run In
[Re: RDNCK]
#5402607
11/06/14 03:32 PM
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Joined: Jun 2014
Posts: 178
schmellba99
Woodsman
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Woodsman
Joined: Jun 2014
Posts: 178 |
I'm still confused as to how you can legally get a ticket, and where any confusion can come from, for not having a HSC on your person when you are not actually hunting.
That is no different than the game warden giving you a ticket for having lead shot on you when you are dove hunting simply because it's during waterfowl season as well. If you are not in the act of actual violation of any law or statute, you cannot get a citation. Once he showed the GW his license that was missing a buck tag gave proof that he had been hunting at some point. Having been hunting he had to show proof that he had HE. If he had said he didn't have a hunting license on him there would have been no proof that he had been hunting at any point therefore would not have gotten the ticket. He didn't have to be hunting at that particular time, probable cause came when he provided proof (hunting license missing a tag) that he did in fact hunt at some point this season. Texas law says you have to have HE to hunt if you were born after a certain date. Without a card to show HE, the GW has to assume he didn't have it when he hunted and killed the buck earlier in the season. Simple solution, provide proof of having taken HE and ticket dismissed. I completely disagree. The OP didn't even have a firearm on his person, or in his truck. There is no act of hunting going on. He was filling his feeders. Whether or not he had any or all of his tags gone is completely irrelevant to the situation as described by the OP. He was not in the process of hunting - which is where the law begins and ends with respect to needing a license an HSC on your person (or your number printed on your license). To make an analogy to your statement - this ticket would be like a LEO walking up to you in the parking lot of your local grocery store while you are loading your groceries in the back seat of your truck, then deciding that since you have a license and a truck, you have sped at some point in time and therefore decides to write you a ticket for speeding - speeding that he only assumes has happened but has zero proof of - while you are in the act of breaking exactly zero laws. And if the OP had stated he didn't have his license on him, what is to stop the GW from making an assumption that the OP didn't have a license and was therefore poaching? Would you not agree that such a ticket would be illegal and unwarranted? How would that be any different than the assumption that the OP was hunting without all of the proper paperwork on him? Honestly, the two tickets principally would be exactly the same. It sounds simple to just say "well, show up with your proof that you are innocent of this charge and everything will be dismissed". There are a couple of problems with that mentality: 1. The burden of proof is on the State, not the OP. It is up to the State (GW) to prove that the OP was actually violating a law. The OP was not violating any law at any time because he was filling his feeders during deer season. There is no law or statute that says you cannot fill feeders during deer season, and there is no law or statute that states that you must have a hunting license and your HSC on your person while you are filling feeders. Therefore by definition, the ticket was an illegal ticket that should never have been issued simply because there were zero laws or statues broken. 2. Simply going to court is not always as easy as it sounds. Doing so costs the OP time and money. Especially if the court in this case is not anywhere convenient to his residence. What if his lease was 8 hours away from his house? Now you are in a position of needing to use vacation days, or take no paid time off, to attend court for a ticket that was written when zero laws and statues were broken. And you know what? You don't get reimbursed for time off, fuel, food, etc. by the State when they do things like this. So you are still out money - and depending on your time availability and income, that could be a significant amount - regardless of whether the ticket was dismissed or not.
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Re: UPDATE: Game Warden Run In
[Re: BanjoOnTheBayou]
#5402772
11/06/14 04:33 PM
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Joined: Nov 2005
Posts: 32,602
sig226fan (Rguns.com)
duck & cover
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duck & cover
Joined: Nov 2005
Posts: 32,602 |
Due to general public outrage and vitriol in the original post towards Game Wardens and other law enforcement this needs to be addressed so people can rest assured the universe has not turned upside down.
There were actually two Game Wardens there. The OP who created the original thread had actually killed a very large buck during Archery season illegally. The large buck was unlawfully killed due to not having an Archery Stamp. The harvest log was also improperly filled out and marked as a spike. The meat was not seized, nor was the rack. Civil restitution which amounts to $6000+ has not been filed.
A No Archery Stamp citation & Hunter Education citation were issued along with a warning for a harvest log violation. There was no mention of having to drive and appear in person in Jack Co. They do have telephones and fax machines just like anywhere else.
Why someone would say otherwise is disappointing at best.
Hunter Education can be dismissed by simply showing proof you have already taken the class or even successfully taking the class after the fact. Out of State Hunter Education numbers will not print out on a Texas license. If you want the HE numbers on your license you must take a Texas course for that to happen (which a completely online course is available for adults). Great post, thank you sir.
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